End User License Agreement

Adya Care is provided to You (the User) by Adya Health Pte. Ltd., with its official address at #14-04 SBF Center, 60 Robinson Rd, 068914, Singapore ("Provider"), exclusively under the stipulations of this Licensing Contract.

When You acquire the Application from Apple's application distribution platform ("App Store") or Google's application distribution platform ("Play Store"), along with any subsequent updates (as sanctioned by this Licensing Contract), it signifies your consent to adhere to all terms delineated in this Licensing Contract. Throughout this document, the App Store and Play Store will be collectively referred to as the "Distribution Platforms."

Both parties recognize that the Distribution Platforms are not signatories to this Licensing Contract, and thus, they aren't obligated by any of its clauses pertaining to the Application, including but not limited to its warranty, accountability, upkeep, and support. The onus for the Application and its content lies solely with Adya Health Pte. Ltd., not the Distribution Platforms.

This Licensing Contract ensures that it doesn't lay down any application usage terms that are contrary to the most recent Apple Media Services Terms and Conditions or the Google Play Terms of Service ("Operational Guidelines"). Adya Health Pte. Ltd. confirms that it has reviewed the Operational Guidelines, ensuring there's no discrepancy with this Licensing Contract.

Upon acquisition or download of Adya Care via the Distribution Platforms, it is made available to You strictly under the purview of this Licensing Contract. All rights that aren't explicitly conferred to You are retained by the Provider. Adya Care is compatible with devices running on Apple's software ecosystems ("iOS" and "Mac OS") or Google's software environment ("Android").

Table of Contents#

The Application
Scope of License
Technical Requirements
Maintenance and Support
Use of Data
User-Generated Contributions
Liability
Warranty
Product Claims
Legal Compliance
Contact Information
Termination
Third-Party Terms of Agreements and Beneficiary
Intellectual Property Rights
Applicable Law
Miscellaneous

1. The Application#

Adya Care ("Licensed Application") is a piece of software created to be a scalable, evidence based pathway to accelerate resiliency & rehabilitation — and customized for iOS and Android mobile devices ("Devices"). It is used to Aid users on their cancer recovery journey. The app is HIPAA compliant.

2. Scope of License#

2.1 You're granted a non-transferable, unique, and non-sub-licensable permission to set up and utilize the Application on devices under your ownership or supervision, in line with the Operational Guidelines. However, this does not prevent other accounts linked to you (End-User, The Purchaser) from accessing the Application through Family Sharing or bulk procurement.

2.2 Any enhancements or fixes to the Application supplied by the Provider that supersede or complement the original will also be regulated by this license. But if a distinct agreement accompanies an update, the provisions of that subsequent agreement will prevail.

2.3 It's prohibited to share the Application to outsiders (except as the Operational Guidelines allow and with prior written approval from Adya Health Pte. Ltd.). Furthermore, you are forbidden from commercializing, leasing, or distributing the Application in any form.

2.4 Actions like reverse engineering, translation, disintegration, decompilation, adaptation, or any endeavor to access the Application's foundational code, either in whole or part, are strictly forbidden without prior written consent from Adya Health Pte. Ltd.

2.5 Duplication of the Application, except when explicitly sanctioned by this agreement and the Operational Guidelines, is not allowed. You're permitted to make backup duplicates solely on your devices, adhering to this agreement, the Operational Guidelines, and any other relevant terms. Intellectual property markers must remain intact. It's your duty to ensure unauthorized entities do not access these duplicates. If you decide to sell your devices, you must first uninstall the Application.

2.6 Non-adherence to the previously stated duties, as well as attempts of such violations, might lead to legal actions and potential penalties.

2.7 The Provider retains the authority to revise the licensing conditions at any given time.

2.8 This agreement must not be construed as overruling any third-party stipulations. While operating the Application, adherence to any relevant third-party terms is essential.

3. Technical Requirements#

3.1 The Provider strives to maintain the Application in sync with the latest hardware and firmware updates. However, you're not entitled to demand these updates.

3.2 The Provider holds the discretion to alter the technical criteria whenever deemed necessary.

4. Maintenance and Support#

4.1 All maintenance and support for the Application will be the exclusive responsibility of the Provider. For assistance, you may contact the Provider at the email address provided in the descriptions on the App Store or Play Store for this Application.

4.2 Both Adya Health Pte. Ltd. and the User recognize that the Distribution Platforms bear no duty to offer any form of support or maintenance for the Application.

5. Use of Data#

You recognize that the Provider can access and modify the content of the downloaded Application as well as your personal details. The Provider's handling of such data is governed by your legal arrangements with them and their privacy practices, detailed at: https://taracare.ai/privacy-policy.

You also understand that the Provider might intermittently gather technical details and associated data regarding your device, its operating system, application software, and additional peripherals. This collection aids in product assistance, enables software enhancements, and may be used to deliver other services related to the Application. While the Provider might harness this data to refine its offerings or present new services or technologies to you, it will always be in a format that won't disclose your identity.

6. User-Generated Contributions#

The Application may enable you to engage in discussions, contribute to blogs, message boards, or other interactive platforms, and may allow you to generate, submit, exhibit, or share content, including text, videos, photos, graphics, remarks, or other materials ("Content"). This Content might be accessible to other Application users and possibly through third-party platforms. Thus, any Content you share is considered public and non-exclusive. When submitting any Content, you affirm that:

Your Content doesn't infringe upon the intellectual property rights, like copyrights, patents, trademarks, or any other proprietary rights of third parties.
You either own the Content or possess the requisite licenses and permissions to permit its use as described in this Agreement and by the Application.
All identifiable individuals within your Content have granted consent for their likenesses to be included and utilized as outlined in this Agreement.
Your Content is truthful and not intended to deceive.
Your Content isn't a form of unsolicited promotions or advertisements.
It does not contain content that's obscene, violent, defamatory, or otherwise deemed inappropriate by us.
It doesn't belittle or mistreat anyone.
It's not intended to threaten, harass, or promote violence against specific individuals or groups.
It complies with relevant laws and regulations.
It respects privacy and doesn't infringe upon any individual's publicity rights.
It doesn't violate laws regarding child protection or target minors in harmful ways.
It avoids making derogatory remarks related to race, origin, gender, sexual orientation, or disability.
It adheres to all clauses of this Agreement and relevant laws.

Misuse of the Application contrary to the above terms breaches this Agreement and could lead to the revocation of your usage privileges or other legal repercussions.

7. Liability#

7.1 The Provider's liability for breaches or tortious actions is confined to instances of deliberate intent or gross negligence. However, in scenarios where fundamental contractual obligations are violated, the Provider's liability extends to mild negligence. Regardless, any liability is restricted to predictable and typical contractual damages. The aforementioned limitation doesn't encompass harm to life, physical injury, or health.

7.2 The Provider assumes no liability for damages resulting from non-compliance with the obligations outlined in Section 2 of this Agreement. To prevent data loss, you are advised to utilize the Application's backup features, in alignment with the terms set by relevant third-party agreements. It's understood that if the Application undergoes unauthorized changes or alterations, access may be denied.

8. Warranty#

8.1 The Provider assures that, at the time of download, the Application is devoid of spyware, trojans, viruses, or other malicious software.

8.2 No assurance is extended for the Application if it's non-operational on a device, has been tampered with, mishandled, wrongly integrated with other software or hardware, utilized with unsuitable accessories, or impacted by any other external factors outside Adya Health Pte. Ltd.'s control.

8.3 Upon installation, you're obligated to promptly evaluate the Application and immediately report any identified anomalies to Adya Health Pte. Ltd. through the provided email in the Contact Information. Complaints made within 7 days of discovery will be considered and investigated further.

8.4 If the defect in the Application is validated, Adya Health Pte. Ltd. retains the right to either rectify the malfunction or provide an alternative solution.

8.5 Should the Application fail to meet any stipulated warranty, you can inform the Distribution Platform Operator to receive a refund of the purchase amount. As far as the law allows, the Distribution Platform Operator holds no additional warranty responsibilities concerning the Application, nor for any other related losses or claims.

8.6 For entrepreneurial users, any fault-based claims lapse after a statutory timeframe of twelve (12) months post the Application's availability. For consumer users, the default legal limitation periods apply.

9. Product Claims#

Both Adya Health Pte. Ltd. and the User recognize that any claims arising from or related to the Application, or the User's acquisition and/or utilization of it, falls under the purview of Adya Health Pte. Ltd., not the Services. This encompasses:

Claims related to product liability;
Claims suggesting the Application's non-compliance with legal or regulatory standards; and
Issues emerging from consumer rights, privacy, or analogous regulations, including matters concerning the Application's interaction with HealthKit and HomeKit.

10. Legal Compliance#

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

11. Contact Information#

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Shashwat Gopal
#14-04 SBF Center
60 Robinson Rd
068914
Singapore

shashwat@adya.care

12. Termination#

This license remains active unless terminated either by you or Adya Health Pte. Ltd. Non-compliance with any of the license's terms will result in its automatic termination, with no prior notification from Adya Health Pte. Ltd. Once the license concludes, you're obligated to cease all utilization of the Application and delete all full or partial copies of it.

13. Third-Party Terms of Agreements and Beneficiary#

Adya Health Pte. Ltd. commits to upholding all relevant third-party terms when employing the Licensed Application.

As stipulated in Section 9 of the "Guidelines for Minimum Developer's End-User License Agreement Terms," both Apple and Google, along with their affiliates, are deemed third-party beneficiaries of this Agreement. Once you consent to this Agreement's stipulations, both Apple and Google possess the right (and are assumed to have consented to this right) to enforce the provisions of this Agreement against you as its third-party beneficiaries.

14. Intellectual Property Rights#

Both Adya Health Pte. Ltd. and the User recognize that if a third party alleges that the Application, or the User's utilization of it, breaches the third party's intellectual property rights, Adya Health Pte. Ltd. — not the Services — will assume exclusive responsibility for investigating, defending, settling, and resolving any such claims of intellectual property rights infringement.

15. Applicable Law#

This License Agreement is governed by the laws of Singapore excluding its conflicts of law rules.

16. Miscellaneous#

16.1 Should any clause of this agreement become non-enforceable or void, it will not compromise the validity of the other terms. Any void clauses will be superseded by enforceable terms that most closely match the original intent.

16.2 Side agreements, modifications, and revisions are only recognized if they are documented in writing. Any exceptions to the aforementioned requirement must also be expressed in written form.