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Truly Instant, Affordable & Anonymous - Mental Health Counselling 

Terms and Conditions

Welcome to Asmi, the mobile and online service of Anjanajyoti Healthtech Private Limited (hereinafter referred to as "Asmi", or "We", or "Us" or "Our"). This Terms of Service applies to all visitors, data subject, and others who access the Service ("User(s)" or “You/r”) including persons buying for teams (“Users”). This document is a legally binding agreement between You and Anjanajyoti Healthtech Private Limited, a private limited company registered in India at A-3, Ground floor Greater Kailash Enclave 1, New Delhi 110048 IN. The domain name www.asmi.lfe and all associated subdomains (hereinafter referred to as "Website") and Asmi mobile application, web-based and online applications ("Mobile Software" or "Asmi App") is owned and managed by Anjanajyoti Healthtech Private Limited.

You may use our Apps to access one or more of our services and offerings (collectively the "Service(s)" or “Asmi Service”).

  1. One on One Counselling Session

  2. One on One Peer to Peer Venting Session

  3. Digital selfcare tool-packs.

  4. Guided meditations and exercises.

  5. Services offered over WhatsApp

  6. Services purchased from our website and web pages.

  7. Multi-lingual offerings

  8. Online controlled and real-world research studies

We may also provide these and additional services on behalf of Your Institution (“Institutional Services”). An Institution could be an enterprise, university, hospital, research institution and other public or private organisations. Institutional Services may involve processing information on behalf of the Institution. Where applicable, you must agree to the Terms of Services and Privacy Policies of both Asmi and your Institution in order to proceed with using the Institutional Service.

By accessing or using the Asmi App and Service, You signify that You have read, understood, and agree to be bound by this terms of service and to the collection and use of Your Information as set forth in the Privacy Policy, Cookie Policy and terms of any other policies of Asmi as may be applicable to You whether or not You are a registered User of Our Service. These Terms of service, Privacy Policy, Cookie Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of Your data by Asmi, please read Our Privacy Policy.

Where not specifically called out, use of uppercase / lowercase and bold / not bold would carry the same meaning in this document.

What is Asmi App?

The Asmi App is an online service provider that connects Users to Mental Health Wellbeing Professionals, Physical and Holistic Wellbeing Professionals, etc. The Asmi App is available for both iOS and Android mobile systems and as a web browser-based system either on the Asmi’s web application or integrated within an Institution website. Asmi App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example, ideation of suicide, harm to self and others, or for any medical emergencies. Asmi App is designed to offer general mental health advice and support and cannot offer condition specific advice for complex medical conditions such as complex long-term illness, cancer, infertility or genetic disorders among others. Asmi App and Service cannot and will not offer medical or clinical advice.

Please first consult a healthcare professional before using the App, if You have any of the following conditions- Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleep walking, excessive daytime sleepiness, dizziness or tremors. The App may not be right for You if You are; minor, someone with severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules or someone who sleeps at times that are out of sync with Your body’s natural rhythm.

The web-widget Service and the WhatsApp-based business service is limited in its features and you will be asked to download the mobile-version of the app to enable access to the full App features and Services.

Who can Use the Service?

You may use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Asmi, and only in compliance with all applicable local, state, national, and international laws, rules and regulations. You may use the App and services if you are 18 or more. If You are between 13 and 18 years of age, please read through this Asmi Privacy Policy and the Asmi Terms of Service with Your parent or legal guardian, and in such a case the Agreement shall be deemed to be a contract between Asmi and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. Kindly inform your parent or legal guardian to provide their consent by writing to us at General.care@anjanajyoti.org. Anyone under 13 is strictly prohibited from creating an account and/or using the Service. Asmi does not take responsibility for any misrepresentation of age and use.

If You use the Asmi Counselling or Venting (P2P) Service,

  • You may be asked to set up an account with a 3rd party audio-video application provider.

  • You may be asked to provide your informed consent to use the services.

  • You may be asked to provide emergency contact details for your safety purposes.

  • You will be asked to provide a Parental or Legal Guardian consent if You reveal Your age to be between 13 and 18 years. You will be required to inform Your parents or legal guardian and have them send Us an email consent to General.care@anjanajyoti.org, as directed by Your Asmi Counsellor and Peer, using the same email ID that was used to subscribe to Our Service.

  • Without receiving your informed consent or parental or legal guardian consent, We will be unable to offer Our full Services.

 

Asmi reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Asmi.

 

Asmi License

Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Asmi App and Service for Your personal use only and as permitted by the features of the Service. Asmi reserves all rights not expressly granted herein in the Asmi App, Service and the Asmi Content (as defined later in this Agreement). Asmi has the right to terminate this license at any time for any reason or for no reason.

 

About Asmi Accounts

Creation of an Account via mobile verification registration method is required. The following terms shall apply.

You are required to create an account with Asmi to avail Services with a username and password or Access Codes or whichever method is active (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.

When creating Your Account, if required, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You must notify Asmi immediately of any breach of security, unauthorised access to Your chats or other data, or unauthorized use of Your Account. Asmi will not be liable for any losses caused by any unauthorized use of Your Account. We may also suspend or terminate Your Account according to this Terms of Service where we see behavior, content, or other factors that pose a threat to Our App and Services.

You may never use another User's Account.

You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.

 

About Asmi Counselling & Venting Services.

When You use the Asmi Counselling & Venting Services provided to You on the Asmi App, the following terms will apply:

  1. Asmi Counselling & Venting Services is a Paid Service provided by the Asmi App;

  2. You have chosen to utilize the Services of a Asmi Counsellor and/or Peer working as an independent contractor on the Asmi App by choosing and paying for a particular session;

  3. Unless required for emergency reasons, avoid sharing Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the Asmi Counselling & Venting Services;

  4. You can access the Asmi Counselling & Venting Services by providing a non-personally identifiable nickname, or User name. You have responsibility for the conduct, postings and transmissions that are made under Your User name;

  5. The Asmi Counselling & Venting Services is provided by qualified mental well-being professionals and experienced Peers (respectively) who are not employees of Asmi. By using the Counselling & Venting Services, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence. However, please be aware that Asmi is not responsible for any words or actions or advise or exchange of communication taking place between You and the Counsellor or Peer. Also, You understand the mental well-being professionals may not be licensed to practice in Your state, country or geography;

  6. When you subscribe to the Asmi Counselling & Venting Services, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. Asmi Counsellors and Peers draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and work through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment or any other regulated service, under our protocols, the Counsellors and Peers focus on motivating the user to seek out a locally licensed professional, and to help them problem-solve around barriers to access;

  7. The Asmi App allows You to connect and have Peer-to-Peer Venting Sessions as well. These are Audio-Video based sessions that connect you with the next available Peers and who experience the same or have overcome the same psychological issues as You.  You understand and agree that the Services offered are solely for the purpose of Venting, and does not offer any counselling or wellness sessions;

  8. You understand and agree that Asmi Counselling & Venting Services is not a substitute for face to face psychotherapy, and/or does not provide a diagnosis, prognosis, treatment or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence;

  9. The Asmi Counsellors and Peers do not provide any medical, psychiatric, or other professional health care advice. They are not intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Use of Asmi Counsellors and Peers Services does not create or constitute a physician-patient relationship with any Asmi Counsellors and Peers, or anyone acting on behalf of Asmi;

  10. Asmi Counselling & Venting Services is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local area of residence;

  11. After or during a session, You may be requested to provide an Informed Consent and Emergency Contact authorization details. The Informed Consent will be required for your Session with the Asmi Counsellor and Peer. Your Asmi Counsellor and Peer will also explain the Pros and Cons of online-based modality during Your sessions with them;

  12. Your Audio-Video sessions with a Asmi Counsellor and Peer are recorded and stored only to be used for internal training and legal reasons (if any). No playback or recording transcript will be available;

  13. You are prohibited from recoding and storing and Audio/Video sessions taking place on the Asmi app.

  14. You agree to cordial messaging or conversation etiquette with Your Asmi Counsellor and Peer and to post messages or converse in accordance with the User Content section within this agreement;

  15. The Asmi App serves as a “connector” for You to access online Asmi Counsellors and Peers. You agree that You are using the Services in your best judgement, and Asmi will not make any representation or warranty as to (a) the accuracy or availability of the Asmi App, (b) the willingness or ability of the Counsellor and/or Peer to listen, (c) the willingness or ability of any Asmi Counsellor and/or Peer to give advice, (d) whether You or anyone else shall find a Asmi Counselling & Venting Services helpful, useful or satisfactory, (e) whether You or anyone else shall find a Asmi emotional Counsellor and/or Peer advice relevant, useful, accurate or satisfactory, (f) whether the advice of the Asmi Counsellor and/or Peer will be relevant to the User’s question, or (g) whether the Asmi Counsellor and/or Peer advice will otherwise be suitable to Your or anyone else’s needs;

  16. You understand and agree that, although a Asmi Counsellor and/or Peer may have been accessed through the Asmi App, Asmi cannot predict or assess the competence of, or appropriateness for Your needs, of the Asmi emotional Counsellor and/or Peer. You also acknowledge and agree that You take full responsibility for the decision to access a Asmi Counsellor and/or Peer;

  17. The fee for the Asmi Counselling & Venting Servies shall be as mentioned on the Asmi App and indicated to You at the time of purchase (“Fees”). Asmi may at its discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. Asmi reserves the right to discontinue the Asmi Counselling & Venting Services upon non-payment of Fees by You. Fees are payable through purchase through Google Play and Apple iTunes, or other payment mechanisms as Asmi may introduce in its sole discretion from time to time, prior to the time the Services are rendered;

  18. Because Asmi Counselling & Venting Services is not a medical treatment, insurance may not cover the cost as a reimbursement. Some employers or other Institutions may cover some of the cost of the Asmi Counselling & Venting Services either directly or indirectly. It is Your responsibility to pay for the Service and get reimbursed by Your employer if that is the case;

  19. The Fees payable by the User is a fixed fee charged per session.

  20. Unless required for informed consent and for emergency reasons, the Asmi Counsellor and Peer will not ask You for any Personally Identifiable Information (such as full name, email ID, phone number, address, gender and other identification including sensitive Information such as Your medical information, sexual preferences, religious or political opinions), other than Your nickname to personalize the Asmi Counselling & Venting Services. You also agree to not share any personally identifiable Information including sensitive Information from Your end. Any Information shared by You, shall be treated in accordance with this Terms of Service and Privacy Policy;

  21. The Asmi Counsellor and Peer and You mutually recognize that they may hold discussions based on data and information provided by You. The Asmi Counsellor and Peer will not voluntarily communicate Your data to a third party. Any use of data disclosed by You to the Asmi Counsellor and Peer shall be in accordance with the Privacy Policy;

 

Additional Service-related terms

  1. The Asmi App may offer in-app promotions from time to time such as free trials, discounts or upgrades to a plan etc. for a limited time period. You understand and agree that such promotions may be available only once and cannot be extended or be transferable across multiple Users, plans etc;

  2. Asmi Services depend on various factors such as software, hardware and communications networks, and its processors. Asmi does not guarantee that the Asmi App Service will be uninterrupted or that it will be timely, secure or error-free. Asmi may hold Service Level Agreements with Your Institution to provide Our Asmi App and Services;

  3. All conversations and data obtained during the course of the Service is confidential. You agree and authorize Asmi to collect and process Your data in accordance with our Privacy Policy;

  4. Asmi or Asmi Counsellor and Peer may disclose your data if Asmi reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority or Your personal safety;

  5. The Asmi App and Service may provide links to external resources or other content in third-party websites. Asmi has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. You acknowledge and agree that Asmi does not endorse such third-party products, services or advertisements and is not responsible for the availability of such third-party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that Asmi will not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. Asmi encourages You, the User, to, at a minimum, be aware of and to review the terms of service and the privacy practices related to third party sites;

  6. You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and Asmi will not be responsible in any event arising out of unauthorized access to Your chats or other data;

  7. It is agreed between You, Your heirs, agents, assigns, personal representatives and next of kin and Asmi and their officers, directors, employees, contractors, members, agents and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by both the parties towards a resolution. Any such resolution may occur over email. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in Agreement will be followed by both the parties;

  8. You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives and next of kin, hereby release from liability, indemnify and hold harmless Asmi, and their officers, directors, employees, contractors, members, agents and assigns (collectively “the Indemnified Parties”) from and against any and all claims, losses, causes of action, costs, damages, expenses, injury and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives and/or next of kin may have against the Indemnified Parties, which may incur, or which may arise out of or as a result of Your use of the Asmi App and Service and/or reliance upon advice provided therefrom, whether caused by your own actions or inactions, by the negligent act(s) or omission(s) of the indemnified parties, or otherwise, to the fullest extent permitted by law;

 

Asmi “Gift Card” Program

Asmi “Gift Card” program is a pre-paid Gift card that can be purchased through our Website. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Card to the specific Services is referred to in these terms as the “Recipient”. Gift Cards are paid for by a one-time upfront payment. Once bought, the Giftor will receive a Gift Code along with an order confirmation and receipt. The gifting codes cannot be redeemed for cash, resold or combined with any other offers, including free trials. There are no cancellations, refunds or other credits for Gift Cards that are not redeemed. Asmi is not responsible if a Gift Card is lost, stolen or used without permission.

Asmi use of Generative AI technology

Asmi makes limited use of Generative AI technology to help improve the quality, performance and safety of our App and Services. For example, We create select App content with Generative AI technologies. No Personal Data or User Content provided by You during use of App and Services gets shared with 3rd party Generative AI suppliers.

Asmi owns the Intellectual Property and rights to these generated content scripts. Generated content needs to pass our safety and quality guardrails before being accepted for use. All generated content scripts are rigorously quality checked for copyright and plagiarism, clinically validated using a therapist-in-the-loop for safety, privacy, quality and performance. Only validated content gets released within Our App and Services. We will transparently inform you wherever we have used Generative AI to create Asmi-owned content within the App.

Where applicable, We will provide additional Terms of Use and Privacy notices to transparently keep you informed about Our data processing.

 

What are the Service Rules?

You agree not to engage in any of the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";

  2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Asmi servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

  3. transmitting spam, chain letters, or other unsolicited email;

  4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

  5. taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure;

  6. uploading invalid data, viruses, worms, or other software agents through the Service;

  7. disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service;

  8. using the Service for any commercial solicitation purposes;

  9. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;

  10. interfering with the proper working of the Service;

  11. accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or

  12. bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

About User Content

Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information or any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow Us, authorised Institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Asmi has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

 

You agree not to post or transmit User Content that:

  1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;

  2. may create a risk or any other loss or damage to any person or property;

  3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

  4. may constitute or contribute to a crime or tort;

  5. contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

  6. contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);

  7. contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

  8. contains any Information or content that You know is not correct and current;

  9. violates any school, Institution or other applicable policy, including those related to cheating or ethics;

  10. interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;

  11. except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

 

Copyrights and Intellectual Property Rights

You can not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Asmi reserves the right, but is not obligated, to reject and/or remove any User Content that Asmi believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In order to honour and protect the Asmi intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the Asmi practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the Asmi Service or Your relationship with Asmi;

 

In connection with your User Content, You affirm, represent and warrant the following:

  • You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.

  • Your User Content and Asmi's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. Asmi takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Asmi shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

 

User Content License Grant

By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Asmi a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

 

About Mobile Software

We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Software. Asmi does not warrant that the Mobile Software will be compatible with Your mobile device. Asmi hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Asmi Account owned or leased solely by You, for Your personal use. You shall not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing, conduct independent clinical or research studies without explicit permissions or provide similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Asmi may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Asmi or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Asmi reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the Asmi Service.

 

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Asmi Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Asmi and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Asmi Content. Use of Asmi Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Asmi under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Asmi does not waive any rights to use similar or related ideas previously known to Asmi, or developed by its employees, or obtained from sources other than You.

 

No Professional Advice

If the Service provides any Information (which includes Asmi Content, medical or legal information among others) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

About Privacy, Security, Third-Party Links and Monitoring

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk.

 

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Asmi. Asmi has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third-party. Asmi does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that these Terms of Service and Asmi's Privacy Policy do not apply to Your use of such sites. You expressly relieve Asmi from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product and/or service. We do not promote third party offers as a part of the App experience. Your Institution may conduct advertising or marketing of Asmi Services. We may place ads online to test take-up of a specific Service or to promote a specific Service using only authorised advertisers and ad managers. Additionally, Your dealings with or participation in promotions of advertisers, if any, found on Our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Asmi shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. Asmi encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software or service and to review the terms of service and privacy practices related to such third-party;

 

Subject to the Agreement, We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the terms provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Asmi has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Asmi shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.

 

Termination

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits.

Asmi, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the Asmi App, with or without notice to User. User agrees that Asmi shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service.;

 

Indemnity and Warranty

Indemnity

You agree to defend, indemnify and hold harmless Asmi and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.

You are solely responsible for Your interactions with other Asmi Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Asmi shall have no liability for Your interactions with other Users, or for any User's action or inaction.

 

Warranty

The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Asmi or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Asmi, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Asmi does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Asmi Service or any hyperlinked website or Service, and Asmi will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Asmi, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Asmi be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Account or the information contained therein. To the maximum extent permitted by applicable law, Asmi assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Asmi (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to Asmi by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.

 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Asmi has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from facilities in India. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

 

Governing Law and Dispute Resolution

The App is controlled by Asmi from its office in India. You agree that: (i) Access to, or use of, the App and Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the App and Service. We make no representation that the information contained herein is appropriate or available for use in other locations; (ii) The Courts in Delhi, India shall have the exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way relating to this Agreement between the Parties. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Delhi, India for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Asmi without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

Asmi may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Asmi in Our sole discretion. Asmi reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Asmi is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Asmi may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new terms. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

Entire Agreement/Severability.

This Agreement, together with any amendments, policies and any additional agreements You may enter into with Asmi in connection with the Service, shall constitute the entire agreement between You and Asmi concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Asmi's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Who can You contact for additional questions, comments or concerns?

If You have any questions, comments, or concerns about this Agreement or practices, please contact us at General.care@anjanajyoti.org or by writing to:

India Office:
Anjanajyoti HealthtechPrivate Limited
Attn: Asmi Legal Team
C-77, Second floor, Okhla Industrial Area 1

New Delhi 110020, India

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