Legal Disclaimer

UNIVERSAL TERMS

YOUR RELATIONSHIP WITH AIKENIST

Your use of Aikenist’s products, software (including but not limited to any and all versions, forms or renditions of QuickScan, QuickRad, QuickFlow ), applications such as the AikenistApp and its website equivalent i.e. https://app.aikenist.com/, services, Devices and Website (referred to collectively as the “Services”) excluding any services provided to You (“You” or “Your” or “Customer”) by AIKENIST under a separate written agreement, is subject to the terms of a legal agreement between You and Aikenist. “Aikenist” or “Us” or “We” or “Our” means Aikenist.com Technologies Private Limited, company registration CIN U72900KA2019PTC128949 having its registered office at 007, Pushpanjali Apartments 1st Cross, 1st Main, Chamarajpet BANGALORE Bangalore KA 560018 IN and any of its subsidiaries and affiliates.

The Terms here explain the legal agreement between You and AIKENIST and sets out the Universal Terms.

Unless otherwise agreed in writing with Aikenist, Your legal agreement with AIKENIST will always include, at a minimum, the terms and conditions as set out hereinbelow and under Acceptable Use Policy. These are referred as the “Universal Terms”. We reserve the right to modify and amend these Universal Terms from time to time at Our sole discretion, in which case the new Universal Terms will supersede prior versions of the Universal Terms. We shall post the modified or amended version of these Universal Terms in this section of the Website. By using Our Services after the changes/modifications have been posted, You agree to automatically accept those changes/modifications and it shall be deemed conclusively that You have agreed to comply with and be bound by all terms and conditions of the modified version of Universal Terms thereafter.

Your agreement with AIKENIST will also include the terms of any agreed terms in writing or otherwise applicable to the Services, in addition to the Universal Terms. All of these are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for You to read either within, or through Your use of, that Service or would be under a separate written agreement with You.

The Universal Terms, together with the Additional Terms, if any, (collectively referred to as “Terms”), form a legally binding agreement between You and AIKENIST in relation to Your use of the Services. It is important that You take the time to read them carefully.

If there is any contradiction between the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to that Service.

ACCEPTING THE TERMS

In order to use the Services, You must first agree to the Terms. You shall not use the Services if You do not accept the Terms.

You can accept the Terms by:

clicking accept or agree to the Terms, where this option is made available to You by AIKENIST in the user interface for any Service; or by actually using the Services. In this case, You understand and agree that AIKENIST will treat Your use of the Services in any manner whatsoever (including without limitation to login into or accessing Our Services or installing Services on any devices) as acceptance of the Terms from that point onwards.
By accepting the Terms in writing under a written agreement between You and Aikenist. You shall not use the Services and shall not accept the Terms if (a) You are not of legal age to enter into and form a legally binding contract with Aikenist, or (b) in the event You are entering into these Terms on behalf of any entity/company or its group or affiliates, You do not possess the requisite authority to bind such entities, company, or its groups and affiliates to these Terms, or (c) You are a person barred from receiving the Services or entering into binding legal contract under the laws of India or other countries including the country in which You are resident or from where You intend to use the Services.

Before You continue, You should print or save a local copy of the Universal Terms for Your records.

1. DEFINITIONS

“Data” means any and all information and materials, including without limitation, Data of Users and End Users, submitted to the Services by You through Your Account or any data provided by You / Customer to AIKENIST in connection with Your / Customer’s use of the Services. Data that shall be provided to AIKENIST shall be used for processing and aggregated de-identified Data may be used for testing, improvement and development of the Services. Further, the outputs of the usage of the Data with the Services may be used for publications including in peer reviewed journals and for academic/research purposes.

“Devices” means laptops, desktops, mobile phones, any electronic device capable of using Aikenist’s proprietary software or any other device which contains Aikenist’s proprietary software provided by Aikenist to the Customer. AIKENIST shall have a right to access the Devices periodically to check on the number of scans processed as well as for routine maintenance. We shall have a right to remove the Aikenist’s software from the Devices and the Customer shall be obligated to return the Devices to its factory settings, free from Aikenist’s software and Our intellectual property. Further, the Customer shall be obligated to return the Devices to Us within 30 days from date of such demand as and when raised by Us.

“Eligible Data” means the following:

X-Ray Specifications Inclusion Criteria:
1. Patient Age: 6 years and above
2. Modality: CR/DR/DX
3. Study Description: Chest X-ray
4. Body Part Examined: Chest
5. Image View: AP/PA
6. Image Format: DICOM (.dcm)
7. Image Resolution: Minimum of 1440×1440

Exclusion Criteria:
1. Lateral X-rays
2. X-rays that do not contain the entire lung field
3. X-rays of other body parts
4. X-rays of patients below 6 years of age

CT Scans Specifications Inclusion Criteria:
1. Non-contrast axial CT scan series with consistently spaced axial slices
2. Soft reconstruction kernel covering the complete brain
3. Maximum slice thickness of 6mm
4. Age is more than 18 years

Exclusion Criteria:
1. Scans with obvious postoperative defects, or from patients who previously underwent brain surgery
2. Scans with artifacts such as burr holes, shunts or clips
3. Scans containing metal artifacts
4. Scans containing excessive motion artifacts
5. Scans containing improperly ordered slices
6. Series containing missing slices

“End User” means any person or entity other than You or Your Users with whom You interact using the Services.

“Personal Data” means information relating to an identified or identifiable natural person that is submitted by You to the Services as part of Data. Identified or identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Process” means any operation or set of operations which is performed on Data or on sets of Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“User” means a designated user within the Services, including an account administrator, employee, shareholder, auditor, lawyer, founder and other designated users

“Website” means www.aikenist.com.

2. YOUR / CUSTOMER’S ROLE AND OBLIGATIONS

You shall be solely responsible for receiving all explicit or implicit consents, as required under applicable laws, from the patients, Users or similar Data owners and having accepted these Universal Terms, it will be deemed that such consents have been duly received by You and will be available upon request for Us to audit. The responsibility of de-identification and anonymization of the Data shall solely vest with You and the Data shall be de-identified and anonymized by You before being processed on Our Services. Any Data that is processed by You on Our Services shall be presumed to be de-identified or anonymized by You as required under applicable laws. To the maximum extent permitted under applicable laws, Aikenist is neither responsible for nor does AIKENIST undertakes any lability whatsoever arising from You processing any Personal Data on Our Services. You undertake and represent that You are well aware that (i) the Aikenist’s Services are supportive medical image analysis tools which support radiologists in the radiology diagnostic process by identifying some abnormalities which may be present in the medical image; (ii) Aikenist’s Services are intended solely for investigational purposes and is not intended for primary diagnosis; (iii) Aikenist’s Services are intended for use only by appropriately qualified and trained medical personnel, which are board certified radiologists with a valid license to practice; and (iv) Aikenist’s Services are intended for use only as a supplement to standard methods of interpreting radiological images. Aikenist’s Services should not be exclusively relied upon for arriving at a diagnosis, treatment plan, or other decision that may affect patient care. It is clarified that use of Aikenist’s Services shall not result in any change in clinical protocol, patient management policies, etc. that may be maintained by You.

AIKENIST or any other person or party that contributed to this Services makes no representations or warranties in relation to the medical information in these Terms. Reliance on any information provided by the Services or any linked websites is solely at Your own risk. AIKENIST specifically disclaims all responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use of the Services or the application of any content contained or referenced therein. The ultimate judgment regarding the propriety of any specific medical treatment must be made by the expert medical physician and the patient in light of all the circumstances presented by the individual patient, and the known variability and biological behaviour of the disease.

3. YOUR / CUSTOMER’S REPRESENTATIONS AND WARRANTIES

i. YOU REPRESENT AND WARRANT THAT YOU SHALL NOT:

license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third-party, other than Users in furtherance of Your internal business purposes and as expressly permitted by these Universal Terms or Additional Terms; modify, adapt, re-engineer, replicate, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks; use the Services to Process any Personal Data; violate any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Aikenist; use the Services to store or process any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (through use of manual or automated means).

ii. You represent and warrant that the electronic Devices, systems and any other hardware or cloud computing provided or used by You for availing the Services are free from:

all viruses known in the software industry at the time of its implementation and that could have been detected by the use of the latest commercially available virus detection software; all forms of electronic repossessions and logic bombs as far as those logic bombs could have been avoided by You; and all forms of disabling codes, applications or software that may affect the proper operation of the Services, howsoever placed or manifested. iii. You further represent and warrant that You shall take all necessary steps to ensure all Your Devices are, up-to-date at all times and possessing the required capabilities to detect and tackle all new forms of viruses, as may be detectable by the use of the latest commercially available virus detection software(s).

iv. You represent and warrant that You, Your affiliates, owners, directors, officers, employees and agents will not at any time offer, promise, pay or arrange for payment or indulge in giving of a bribe or any benefit, advantage or anything of value to any public official, individual, entity or any other third party in exchange for an improper advantage in any form either directly or indirectly. You further represent and warrant that You, Your affiliates, owners, directors, officers, employees and agents will act in full compliance with any applicable anti-corruption laws and regulations, industry and professional codes including the Prevention of Corruption Act, 1988, FCPA, UK Bribery Act, and any other international or local legislation on the subject matter. You shall ensure and always maintain appropriate records as per standard industrial practices with respect to billing, accounting and other internal controls to ensure compliance with international and other applicable anti-bribery and anti-corruption laws.

4. USE OF AIKENIST’S PRODUCTS, SOFTWARE, AIKENISTAPP AND DEVICES

You acknowledge that the use of Aikenist’s products, software, applications including the AikenistApp and Devices will at all times be pursuant to and only as detailed in the User manual provided along with the Aikenist’s products, software, applications and Devices and as per the terms and conditions contained in Aikenist’s products, software, applications such as the AikenistApp and Devices. We may update the User manual and the terms and conditions periodically. We undertake to provide, at Our sole discretion, all necessary support to You in case such an update is done and a requirement for Your identified personnel is deemed fit.

5. UPDATE OF SOFTWARE

We may update the Aikenist’s products, software, applications such as the AIKENIST App and Devices (“Update”) anytime. However, in case the Update is not accepted, We shall not be responsible for any malfunction in Aikenist’s product, software and Device, that could have been reasonably rectified through such Update. You shall, within a period of five (5) business days from the Update, report any issues with the Update to us. Upgrades to the Aikenist’s product, software, AIKENIST App and Devices, which include but are not limited to new features or new findings, shall be provided at an additional cost. It is clarified that providing Updates and upgrades for any offline deployment of Aikenist’s software via Devices or for any on premise deployment shall be at sole discretion of Aikenist.

AIKENIST does not promise that it will always Update the Services (including mobile applications like AikenistApp) so that it is relevant to You and/or works with the Android & iOS versions that You have installed on Your Device. However, You promise to always accept Updates to the Services when offered to You, We may also wish to stop providing the Services, and may terminate use of it at any time without giving notice of termination to You. Unless we tell You otherwise, upon any termination, (a) the rights and licenses granted to You in these terms will end; (b) You must stop using the Services, and (if needed) delete it from Your Device.

Like all forms of online information, the content and quality of these Services may change over time. It is the primary responsibility of the User to use their individual judgment and to consult with their health care professional to ensure that Services are appropriate for their treatment.

6. PAYMENT TERMS

Each payment or deposit to be made by You to AIKENIST for use of Services shall be made by way of direct transfer into current account of AIKENIST as per details provided by AIKENIST in writing. Customer shall forthwith provide AIKENIST the proof of payment made by way of direct transfer. Each payment and deposit to be made by You to AIKENIST shall be made without set-off or counterclaim and free and clear of and without any deduction or withholding of any kind whatsoever. If You deduct income tax at source or withholding tax, if applicable from the payments to be made to Aikenist hereunder, You shall do so at rates applicable to AIKENIST and shall issue TDS certificates to Aikenist forthwith.

In the event of any failure or delay by You to pay or deposit any amount on or before the due dates as required under the Services, You shall pay AIKENIST interest at the rate of 1.5% (one point five per cent) per month on the amount delayed, for the period of such delay. Payment of such interest shall be without prejudice to Aikenist’s other rights and remedies under law or otherwise.

All costs and expenditures arising from payment and deposit to be made to AIKENIST by You, including without limitation, the wire transfer charges, transaction fees, etc. shall be solely borne by You. IMPORTANT: You must inform Your bank/ financial payment partner that “Sender pays all fees" to ensure that the full invoice amount is received by Aikenist. Any costs, fees, expenses or disbursements incurred by the AIKENIST in recovering any monies payable by the Customer to Aikenist, including dishonoured cheques, failed wire transfers, debt collection agency fees, legal costs and interest thereon shall be paid by the Customer on a full indemnity basis. You shall submit a payment advice detailing the invoice(s) against which each payment is made along with the details of TDS, if any, simultaneously with the payment. Such payment advice along with a soft copy of the TDS certificate shall be submitted to email id contact@aikenist.com . The format of payment advice is as below: InvoiceDate Invoice No. Gross Amount TDS Net Amount Payment Date UTR No. / NEFT No. / Bank Instrument No.

7. PERSONAL DATA PROTECTION

We shall not accept any protected health information or Personal Data as defined under the applicable laws, except as set out under these Universal Terms. All Data shall be de-identified by You before being provided to Us or uploaded on Our Services. No Personal Data will be disclosed by You to Us. Nevertheless, it is agreed that in the event that We come into contact with any Personal Data, We shall not use such information for any purpose or disclose it to any third parties, except as required by applicable law. You, including Your authorized personnel shall view and Process the Data only on a need-to-know basis and only to the extent necessary to perform Your obligations under the Universal Terms or as expressly instructed by AIKENIST in writing. You agree to not disclose Data to third parties without having first received express written approval from Aikenist. The Data Processing Agreement (“DPA“), forms part of and is subject to these Universal Terms. You acknowledge and confirm Your acceptance to the terms and conditions as set forth in the DPA and agree to abide by the Customer (as defined in DPA) obligations under the DPA.

8. CONFIDENTIALITY

You shall at all times, from the date of accepting these Universal Terms maintain the secrecy of and shall keep confidential, any and all information and documents which You may come to know of / acquire in connection with use of Services (collectively “Confidential Information“) and shall not use or disclose such information except for discharge of Your respective obligations any agreement with AIKENIST or if required by law. Confidential Information shall include all information and materials relating to or arising from use of Services in any form whatsoever, and information which is by its nature confidential or which the discloser advises the recipient is confidential.  Confidential Information shall not include information which is presently in the public domain or subsequently enters the public domain without any lapse on Your part. You shall not disclose any confidential information to any third party except that the disclosure is permitted to Your counsel and advisers and government officials to the extent necessary for the purpose of performing the transactions contemplated with AIKENIST under any agreement. Such disclosure shall require prior written approval of Aikenist. You shall return information that has been obtained from AIKENIST including (if any) copies that have been made either in paper or in softcopy You shall keep in Your possession and treat Confidential Information as confidential regardless of when it is disclosed. You acknowledge that any breach of Confidential Information will cost irreparable injury to Aikenist, which cannot be compensated by monetary damages and as such AIKENIST shall be entitled to seek injunctive relief against You for any threatened or actual breach of confidentiality. You shall return and/or destroy all Confidential Information received (including any copies or reproductions thereof) in Your possession or control file as soon as You permanently stop using Services but not later than seven (7) days from date of last such use of Services and shall cease to use any such Confidential Information. Proof in writing of such return, destruction and cessation shall be provided by You. You shall immediately inform AIKENIST in writing in case of any unauthorized use or disclosure of Confidential Information to any third party.You shall cooperate with AIKENIST in every reasonable way to help AIKENIST regain possession of such Confidential Information and prevent its further unauthorized use.

9. INTELLECTUAL PROPERTY

Under an agreement in writing with You, AIKENIST may grant You certain rights/ license to use Aikenist’s products, software, or Devices solely for a purpose mentioned in the agreement therein. You shall not directly or indirectly transfer, assign, sub-license to any third party or in any manner permit Aikenist’s products, software, or Devices to be used outside the designated territory, beyond the designated use and beyond designated Users as mentioned in the agreement. Notwithstanding anything contained herein, You or Your representatives shall not, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of all or any part of Aikenist’s products, software or Devices. Reverse engineering includes, without limitation, decompiling, disassembly, sniffing, peeling semiconductor components, or otherwise deriving source code. You hereby acknowledge and confirm that all intellectual property rights relating to the trademarks, service-marks, copyrights (including in Services), patent, trade-names including Our corporate name or any part thereof, are owned by, licensed to, possessed by or belong to AIKENIST and nothing contained in herein shall be deemed to authorize You to use or give any rights with respect to Aikenist’s Intellectual Property.

10. INDEMNIFICATION

(i) You hereby agree to indemnify, defend and hold harmless Us, Our employees, members, directors, managers and officers from and against any loss, liability, damage, penalty or expense including attorneys’ fees and costs of defense which We may suffer or incur as a result of any gross negligence or willful misconduct or fraud by You, Your employees or agents; (ii) breach of the representation, warranty and undertakings made and agreed by You under these Universal Terms or under any agreement with AIKENIST and policies or documents they incorporates by reference, or Your violation of any law, rules or regulation; (iii) breach of confidentiality (iv) by the use of the Data in the Services.

(ii) In no event shall AIKENIST have any liability to You or any Users for any damages whatsoever, including direct, indirect, special, incidental, punitive, exemplary or consequential damages, or damages based on lost profits, however caused and, whether in contract, tort or under any other theory of liability, regardless of whether such damages were foreseeable or whether You were advised of the possibility of such damages.

(iii) The Services may include programs or code that are licensed under an Open-Source Software (“OSS“) license model. OSS programs and code are subject to the terms, conditions, and obligations of the applicable OSS license, and are specifically excluded from all warranty and support obligations described elsewhere in these Universal Terms.

(iv) The Services may contain independent third-party products (software or hardware) which are not manufactured or developed by AIKENIST and rely upon such third-party products (software or hardware) to perform certain functionality. AIKENIST make no warranties either expressed or implied as to the accuracy of any such third-party products (software or hardware). Third party technology that may be appropriate or necessary for use with some software or hardware may be specified in the relevant documentations. The subscriber’s right to use such third-party technology is governed by the terms of the third-party technology license agreement specified by Us and not by these Universal Terms.

(v) The AIKENIST App may contain (or You may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third party website/app linked through the AIKENIST App. We will not be a party to or in any way responsible for monitoring any transactions between You and third-party providers of products or services.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall AIKENIST be liable to You for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or wrong medical image tag detection or missed image tag detection (both omission and commission) or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Services, the provision of or failure to provide support or other Services, information, software, and related content through the Services or otherwise arising out of the use of the Services including, but not limited to, any clinical diagnosis, misdiagnosis or consequences to patient well-being and software performance changes or failures to You that may result directly or indirectly from integrating with the Services

None of the individual authors, contributors, developers of these Terms nor anyone else connected to AIKENIST in take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented by these Terms.

12. WARRANTY

All information on the Services is provided in good faith, however /Without prejudice to the generality of the foregoing paragraph, AIKENIST does not warrant that the medical information in these Universal Terms is complete, true, accurate, up-to-date, or non-misleading. Neither does Aikenist assumes legal liability or responsibility for the points mentioned above. Any misuse or abuse of the Aikenist’s Services, Website and mobile application is strictly prohibited. The Services and documentation are made available to You “as is” and without warranty of any kind. AIKENIST specifically disclaims all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. AIKENIST does not warrant that Services, documentation, or any other information, materials and/or Data provided hereunder will meet Your requirements or is complete, accurate or error-free. You shall not make any representations or warranties on behalf of Aikenist. You are solely responsible for backing up any of Your Data.

13. TESTIMONIAL DISCLAIMER

The Site may contain testimonials by Users of Our Services. These testimonials reflect the real-life experiences and opinions of such Users. However, the experiences are personal to those particular Users, and may not necessarily be representative of all Users of Our Services. We do not claim, and You should not assume, that all Users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by Us before being posted. They appear on the Site verbatim as given by the Users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual User and do not reflect Our views and opinions. We are not affiliated with Users who provide testimonials, and Users are not paid or otherwise compensated for their testimonials

14. PRIVACY

Any personal information provided to AIKENIST will be dealt with in accordance with Aikenist’s privacy policy. Any information provided may be accessed by any employee of AIKENIST and its related companies in accordance with the requirement of Aikenist’s privacy policy.

15. MISCELLANEOUS

Assignment: Any rights or obligations hereunder may be assigned by AIKENIST without Your prior written consent. However, You shall not assign any rights or obligations hereunder without the prior written consent of Aikenist. These Terms bind, and inure to the benefit of, the Parties and their respective successors and permitted assigns.

Entire Agreement: The Terms together constitute the entire agreement and supersede any and all prior agreements between You and AIKENIST with regard to the subject matter hereof. The Terms shall prevail over the terms or conditions in any purchase order or other order documentation You or any entity that You represent provides (all such terms or conditions being null and void), unless otherwise agreed and accepted in writing by Aikenist.

Amendment: We may amend these Universal Terms from time to time, in which case the new Universal Terms will supersede prior versions. We will notify You of any material revisions not less than ten (10) days prior to the effective date of any amendments to these Universal Terms and Your continued use of the Services following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment. You can review the most current version of the Universal Terms at any time by visiting this page.

Severability; No Waiver: If any provision in these Universal Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Universal Terms shall remain in effect. Aikenist’s non-exercise of any right under any provision of these Universal Terms does not constitute a waiver of that right or provision of these Universal Terms.

Relationship of the Parties: The Parties are independent contractors. These Universal Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.

Survival: All clauses which, by their nature are intended to survive, including without limitation clauses 1 (Definitions), 3 (Your / Customer’s Representations And Warranties), 7(Personal Data Protection), 8 (Confidentiality), 9 (Intellectual Property), 10 (Indemnification), 11 (Limitation Of Liability), 12 (Warranty) 15 (Miscellaneous), shall survive any termination of Aikenist’s agreement with respect to use of the Services by You. Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of the Terms.

Notices and Consent to Electronic Communications: All notices to be provided by AIKENIST to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You on subscribing to the Services; or (ii) electronic mail to the e-mail address provided by You. Aikenist’s address for a notice to AIKENIST in writing by Courier is 7th Floor, Oberoi Commerz-II, International, Business Park, Oberoi Garden City, Off Western, Express Highway, Goregaon East, Mumbai, Maharashtra, 400063, India with a CC to contact@aikenist.com for electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt of mail or Courier as permitted above.

Publicity Rights: You hereby grant AIKENIST the right to identify Yourself as Aikenist’s Customer on Aikenist’s websites and/or marketing collateral and to include Your use of the Services in case studies, research. You shall not use the trademark, trade name or the AIKENIST logo or any other mark or logo of Aikenist, except with the prior written consent and as per the directions of Aikenist.

Change in Law: AIKENIST shall not be liable for any increase in costs or reduction in net after Tax return or other financial burden, loss, liability or damage on You arising as a result of Change in Law. You acknowledge and agree that it shall not be entitled to any compensation from AIKENIST in the event of any Change in Law or the operation or enforcement of current applicable laws. “Change in Law” for the purposes of this clause means the enactment, adoption, promulgation, modification or repeal (including any change in interpretation or application by the relevant authorities), of any applicable law.

Governing Law & Jurisdiction: These Universal Terms and all rights, duties and obligations arising hereunder shall be governed by and in accordance with the laws of India; notwithstanding any conflicts of laws principles. Subject to Dispute Resolution clause below, Parties submit to the exclusive jurisdiction of the courts at Mumbai. The Parties waive any objections to such jurisdiction, including venue and inconvenient forum.

Dispute Resolution: Any dispute arising under, relating to or in connection with these Universal Terms, or the breach hereof, including any question regarding its existence, validity or termination, shall be resolved by mediation first, failing which they shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this clause. The award rendered by the arbitrator shall be final and binding on the Parties. The arbitration shall be conducted by a sole arbitrator, who will be appointed by MCIA in accordance with MCIA Rules. The seat and the venue of the arbitration shall be Mumbai. The language to be used in the arbitral proceedings shall be English.

Class Action Waiver: Any Claim brought by You or Your Users against AIKENIST shall be under individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually.

Injunctive Relief. You agree that a breach of Terms will cause irreparable injury to AIKENIST for which monetary damages would not be an adequate remedy and AIKENIST shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law or equity without any proof of damages.

Disclosure: We reserve the right to access, read, preserve, and disclose any information that We obtain in connection with the Site, and Your use thereof, as We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Aikenist, its Users or the public.

Consent to Electronic Communications and Solicitation: By downloading the AIKENIST App, and/or opting-in through notification settings, You authorize AIKENIST to send You (including via email and push notifications) information regarding the Services, such as: (a) notices about Your use of the Services, including notices of violations of use; (b) Updates to the Service and App and new features or products; and (c) promotional information and materials regarding Aikenist’s Services. You can review and/or unsubscribe to such notifications by following instructions as provided by AIKENIST in the Services.

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