Terms & Conditions
Last Updated: 07th Dec, 2022
Oxyto has created this Website/App & social media bot to provide Users, the Services which includes, with wellness services that include but are not limited to fitness sessions, consultations, general advice, provision of content, access to medicines as sought by you (Services). While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
This user agreement (“Agreement”) is an agreement between you and Betterlife Ventures LLP (Company/ we/ us/ our/ Oxyto as the context requires) governing your use of Oxyto’s products, software and/or services with the characteristics and features as described on www.oxyto.app (“Website”) , Oxyto social media Bot (“Bot”) and the Oxyto mobile App (“App”) (referred to collectively as the ‘Services’). By accessing the Website, Bot or the App, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ App/ Bot and applies to all visitors, users and others who access the Service (‘Users’). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/ App/ Bot. Oxyto will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ App. All changes are effective as soon as we post them and by continuing to use the Website/App/Bot and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/App/Bot is subject to the most current version of the terms of use posted on the Website/App at the time of such use.
Access
1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/ App/ Bot by notifying the same on our Website/App from time to time without prior notice to you. We will not be liable if for any reason our Website/App/Bot or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App/Bot, or our entire Website/App/Bot, to Users who have registered with us.
2. Oxyto grants you permission to use the Services as set forth in this Agreement, provided that:
- you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Oxyto’s explicit authorisation in this regard;
- you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and
- you will otherwise comply with the terms and conditions of this Agreement.
3. In order to access the Services, you will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.
4. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you may use the Website/ App/ Bot or such other Services provided through the Website/ App/ Bot only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health-related or otherwise arising out of any inaccuracy in the information provided by you on the Website/App/Bot. Your profile may be deleted by us by informing you 24 (twenty-four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
5. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record-keeping purposes, internal procedures or for any other purposes and by using this Website/ App/ Bot you expressly consent to such sharing of the information provided by you.
6. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Oxyto of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: support@oxyto.app
7. You are responsible for making all arrangements necessary for you to have access to our Website/App and thereby the Services. You are also responsible for ensuring that any persons who access our Website/App and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Oxyto for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
8. Oxyto reserves the right to refuse access to use the Services offered at the Website/ App/ Bot to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Oxyto from using the Website/App/Bot or Services for any reason whatsoever.
Membership/Registration for the Services
- Once you complete registration on the Website/App/Bot, you will be a member which:
- Allows you to access on the Website/ App/ Bot;
- Allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App/Bot or describing new services that we enable on the Website/App/Bot;
- Allows you to make use of the Services on the Website/ App/ Bot subject to these terms and conditions;
- Does not allow you to use email addresses displayed on the Website/ App/ Bot for any purpose other than that specifically authorized by us.
- By providing Oxyto with your email address/ phone number you consent to:
- our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may write to us at support@oxyto.app to opt out of Service-related communications vide email/mobile number or entirely.
- Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
- Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out by sending us an email at: support@oxyto.app or choosing to unsubscribe directly from the mailing list. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
- You also agree to the following
- The registered medical practitioners (RMPs) that you interact with have the discretion to decide on the appropriate mode of communication. This will be done keeping in mind the clinical protocols that the RMPs are bound by.
- You further agree and undertake that the information you provide pertaining to the context, your health condition and medical condition is accurate, and agree for that to become a part of your health records, diagnosis, prescription, or any such other document or record created during your consultation on the Website.
- You further agree and undertake to ensure compliance with the instructions of the RMPs, including the health education, counselling and prescription made to you. Should you deviate from such prescription, health education and counselling, neither the Company nor the RMP will be liable for any adverse situation arising thereof, should it be determined that the adverse situation is attributable solely to your deviance.
- You are hereby undertaking that in case of a medical emergency, you will not rely on the Services for treatment. You must ensure that in case of a medical emergency you seek urgent and immediate medical attention in a nearby physical facility, or with a locally and physically available RMP.
- Your interaction with the RMPs is governed by the applicable laws and our contractual engagement with the RMPs.
- The Services provided to you could host a range of offerings which could be in the asynchronous as well as the synchronous format/s accommodating real-time and store and forward models for consultation. Any new modes of communication, as and when introduced, will also be governed by these Terms, and our other internal policies.
- You hereby expressly agree to the RMP forwarding a copy of your prescription to the pharmacist/pharmacies, who the Company engages with for the purposes of fulfilment or delivery of your orders/ purchases. This is subject to your express request, an order placed on our Website, while availing our Services only.
Grant of License
subject to these terms and conditions of use, oxyto grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
Privacy and your Personal Information
for information about our data protection practices, please read oxyto’s privacy policy set out below. this policy explains how oxyto treats your personal information, and protects your privacy, when you use the services.
Uploading Material to the Service
whenever you make use of the services (or any feature or part of the services) that allows you to upload material on the website/ app, or to make contact with other users of our website/ app, you must comply with applicable data protection rules/laws and the content standards set out below. the content standards apply to each part of a contribution as well as to its whole. your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the services.
Restriction on use of Services
you are not permitted to and shall not do any of the following acts, the breach of which shall entitle oxyto to terminate your use of the services, without prejudice to any other rights or remedies we may have against you:
Rights Reserved by Oxyto
1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App/Bot constitutes a violation of their intellectual property rights, or of their right to privacy.
2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ App /Bot and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
6. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- Satisfy any applicable law, regulation, legal process or governmental request;
- Enforce these terms and conditions, including investigation of potential violations hereof;
- Detect, prevent, or otherwise address fraud, security or technical issues;
- Respond to user support requests; or
- Protect the rights, property or safety of Oxyto, its Users and the public. Oxyto shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
7. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.
8. Oxyto shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Disclaimers
1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, Oxyto shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors on the Services.
2. The Services may provide, or third parties may provide, links to other websites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
3. You agree that your use of the Website/App/Bot and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/App/Bot and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Oxyto shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that:
- The Services will meet your specific requirements;
- The Services will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Services will be accurate or reliable; and
- The quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and
- Any errors in the Services will be corrected.
4. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
5. The content of the Website/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/App/Bot. Reliance on any such content is solely at your own risk.
6. The content provided on or through this Website/ App/ Bot regarding drug or dietary supplements or products for sale have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
Content License from You
1. Some areas of the Services may allow Users to post news, feedback, comments, Questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Website/App/Bot, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Oxyto will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
2. By Posting any User Content on the Website/App/Bot, you expressly grant, and you represent and warrant that you have a right to grant, to Oxyto a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, 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, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website/App/Bot and under this Agreement.
3. You understand that Oxyto, in performing the required technical steps to provide the Services to our users, may:
- Transmit or distribute your Content over various public networks and in various media; and
- Make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Oxyto to take these actions.
4. You are solely responsible for your contributions to any online forum Oxyto may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Oxyto, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Oxyto a perpetual, irrevocable, royalty-free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
5. You confirm and warrant to Oxyto that you have all the rights, power and authority necessary to grant the above license.
Billing and Payment
1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Oxyto may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
2. It is your responsibility to promptly provide Oxyto with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Oxyto does not validate all credit card information required by the Customer’s payment provider to secure payment.
3. You must notify Oxyto about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Oxyto’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
4. You are responsible for all the information you input in your Account and all charges that result from the information. Betterlife Ventures LLP shall not be responsible for any payment for an incorrect Credit card account or bill payment number.
5. n case, money has been charged to your card or bank account and an order was not placed due to a payment gateway or other transaction error, the same amount will be refunded within 72 working hours of your completion of the transaction. You may inform us regarding the same by reaching out to our customer support team at support@oxyto.app. All refunds will be credited to the original payment method. However, Betterlife Ventures LLP disclaims any and all liability, including for refunds, in the event of any error arising from a failure in the applicable bank or credit card service provider’s system or network.
6. In case a payment has been wrongfully made and credited to your Credit card account or bank account, Oxyto & Betterlife Ventures LLP reserve the right to automatically initiate a refund through your bank. By agreeing to these terms, you hereby consent to such a refund initiated by your concerned Bank, at the request of Oxyto, to offset any incorrect transaction, credit or double payment made to your account. Once such a transaction is processed, Oxyto shall inform you of the same and the corrective action taken by Oxyto to refund such payment.
7. We are not liable to give you any refund on the services you have purchased from the Website/App/Bot.
Indemnity and limitation of liability
1. You agree to defend, indemnify and hold harmless Oxyto, its officers, directors, employees and agents, from and against any and all claims, damages, 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 and Website/ App/ Bot;
- Your use of and access to the Service and Website/ App /Bot;
- Your violation of any term of this Agreement;
- Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
- Any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website/App/Bot
2. The material displayed on our Website or App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
- conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/ App /Bot or in connection with the use, inability to use, or results of the use of the Services or our Website/ App /Bot, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue
- Loss of business loss of profits or contracts
- Loss of anticipated savings
- Loss of data
- Loss of goodwill
- Wasted management or office time; and
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same. wasted management or office time; and
3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website/ App /Bot to use the Services.
Offences
1. You must not misuse our Website/App/Bot by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/ App/ Bot, the server on which our Website/ App/Bot is stored or any server, computer or database connected to our site. You must not attack our Website/ App/ Bot via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App /Bot will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ App/ Bot or to your downloading of any material posted on it, or on any Website/App linked to it.
Linking to the website
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
2. Our Website/ App must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website/App from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
3. These linked sites are under no way in control of Oxyto and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website/ App provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.
4. If you wish to make any use of material on our Website/ App other than that set out above, please address your request to: support@oxyto.app
Additional terms for the mobile app
you are granted a limited, non-sub-licensable right to access the mobile app, desktop app, the services and data for the purpose of enabling you or other users to access the website or the app and/or the services via third-party software or website. any use of the mobile app, desktop app, is bound by the terms of this agreement plus the following specific terms:
Security
we have implemented commercially reasonable technical and organizational measures designed to secure your personal information and user content from accidental loss and from unauthorized access, use, alteration or disclosure. however, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and user content for improper purposes. you acknowledge that you provide your personal information at your own risk.
Ownership of intellectual property including trademarks/service marks
1. All right, title and interest in usage of the terms www.oxyto.app, or Oxyto including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Oxyto and its licensors. Any use of this Website/ App/ Bot or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Oxyto.
3. Except as expressly provided in these terms of use, no part of Oxyto and no content or marks, data, statistics, independent research conducted and posted by Oxyto may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
4. By accepting the use of terms hereunder you agree that Oxyto does not transfer/assign the title to the Website/App/Bot to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Oxyto, we retain the full and complete right, title and interest to the Website/App/Bot, and all intellectual property, title and interest to the Website/App/Bot, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Website/App/Bot in any manner which is contrary to this Agreement.
5. Any usage of Oxyto’s contents, without the written authorization of Oxyto, shall be considered a breach of this Agreement, and you shall be required to indemnify Oxyto for all liability incurred in this regard.
Governing law
1. The jurisdictional court of Karnataka shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/ App or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these Terms and Conditions of use of the Services.
2. Oxyto accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
Relationship between the website and legal name
The website www.oxyto.app and the associated mobile app & social media bots are registered and owned by betterlife ventures llp and usage of this website/app/bot and affiliated links is subject to the terms of use and privacy policy.
Following are the additional terms and conditions specific to the oxyto care app
- General Definitions
Definitions
Welcome to oxyto , a mobile app that provides patient education, connection to medical practitioners and coaching for better management of diabetes and other services (collectively, “services”). oxyto patient’s app is available only on a phone (“mobile app”). (“oxyto,” “we,” or “us”) owns and operates oxyto app. these terms of use apply to the app and other related services used from oxyto and/or its affiliates
These terms & conditions for use of oxyto.app website and any of its subdomains and any of the mobile applications found therein (collectively the ‘website’, ‘site’,’app’, ‘oxyto’) is a legal agreement (‘agreement’) between you, the user and oxyto private limited, a company incorporated in india, (hereinafter referred to as ‘oxyto’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of free, subscription & paid services, primarily a cloud based doctors practice management software, personal health management software and integrated mobile based applications hosted and managed remotely (the ‘services’). the online site www.oxyto.app and the mobile applications are owned and operated by oxyto. you acknowledge that you have read and agreed to these terms of use (‘terms’) and any amendments, modifications or changes made to it from time to time. you may not use the services if you do not agree to the terms.
oxyto has the discretion to update this terms & conditions at any time. we encourage users to frequently check this page for any changes to stay informed about the terms. you acknowledge and agree that it is your responsibility to review the terms periodically and become aware of modifications. you shall be bound by the same on your participation in such services or programs. any new features that augment or enhance the current service, including the release of new features and resources, shall be subject to the terms of service.
- Purpose of oxyto and scope of its services
- For patient users, to receive electronic reminders concerning medication, testing and appointments,
- For patient users, to access and use a personal database for entry of personal information and to later review such personal information related to the management and treatment of your diabetes,
- For medical practitioners to provide personal, controlled access to patient data to support the management or care of patients, including by modifying treatments via electronic messages through the app
- What you cannot use oxyto for?
This service is an enhancer to professional medical advice and cannot be taken as a replacement of medical advice. the service provides information and assistance to doctors for better tracking of the disorder. always consult a physician for any queries or doubts.
- General terms of use
The sites and services are for non-emergency purposes only. do not attempt to access emergency care through the sites or the services. if at any time you are concerned about your care or treatment, or if you think you have a medical emergency, call an ambulance or go to the nearest medical facility immediately.
The services are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency or time-critical service.
1) you must be 18 years or older to use this service
2) login to your account may only be used by one person – a single login shared by multiple people is not permitted.
3) you agree not to share your username and password with other people. you are responsible for maintaining the confidentiality of your service account and password. it is your responsibility to notify oxyto if you believe your username or password have been compromised or used in an unauthorized manner either with or without your knowledge.
4) this service is limited to users in india only. the service is enabled by technology, software and certain content delivered electronically.
5) the service is owned by and you will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the services. other than as expressly set forth in this agreement, no license or other rights in or to the services are granted to you, and all such licenses and rights are hereby expressly reserved.
6) the service has been designed by oxyto with the purpose of assisting people in their pregnancy, postpartum journey.
7) if you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the explicit opinion from a health care professional to receive the services before beginning.
8) the service requires your active engagement and participation. you understand that, despite your efforts, individual users’ results will vary for a variety of reasons and oxyto cannot guarantee that you will achieve your desired goals.
9) you must provide your legal full name, a valid email address, contact details and any other information requested in order to complete the signup/registration process and/or continued use of the service. please read our privacy policy and practices online at our site on how the personal information would be used. oxyto reserves the right to terminate your use of the services upon the discovery that the information you provided is not complete or accurate
10) you may not use the service for any illegal or unauthorized purpose. you must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
11) you are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. you may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.
12) company reserves the right to require payment of fees for certain features of the services. should you elect to subscribe to such features, you shall pay all applicable fees, as described on the sites in connection with such features. company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the sites. use of the services by you following such notification constitutes your acceptance of any new or increased charges.
13) the services and the content are protected under indian and international intellectual property, copyright, trademark, patent, trade secret and other laws. the sites, the services and the content are the sole property of company. you shall abide by all copyright notices, information, and restrictions contained in any content accessed through the services. you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the services or any content or third party submissions or other proprietary rights not owned by you,
(a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
14) you may, to the extent the sites explicitly authorize you to do so, download or copy the content, and other items displayed on the sites for download, for personal use only in accordance with these terms, provided that you maintain all copyright, trademark and other notices contained in such content. you shall not store any significant portion of any content in any form.
15) copying or storing of any content for other than personal, noncommercial use in accordance with these terms is expressly prohibited without prior written permission from company, or from the copyright holder identified in such content’s copyright notice.
16) you acknowledge that all content accessed by you using the services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. under no circumstances will company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted or otherwise made available via the services.
17) you understand that company shall have the right to de-identify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the sites is the sole responsibility of the person from which such content originated and that company will not be liable for any errors or omissions in any content; and that company cannot guarantee the identity of any other users with whom you may interact in the course of using the services.
18) company does not endorse and has no control over any user submissions. company cannot guarantee the authenticity of any data which users may provide about themselves.
- Cancellation and termination
19) you are solely responsible for properly cancelling your account. you may cancel your account at any time by sending an email to support@oxyto.app, with your intent of cancellation. there is no cancellation fees required.
20) all of your content will be deleted from the service upon cancellation. upon request by you made within 7 days after the effective date of termination of a services subscription, after such 7-day period, we shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all of your data in our systems or otherwise in our possession or under our control.
21) there will be no refund if you cancel the service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
22) oxyto may at any time and for any reason terminate the services, terminate this agreement, or suspend or terminate your account. in the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
- Intellectual property rights
23) you agree that oxyto owns all rights to the code, databases, visual-design and layout, including all files and images contained in or generated by the software, and accompanying data, of the service.
24) oxyto claims no intellectual property rights over the details/data you upload, submit, store, send or receive content via the service. your account and details/data uploaded remain only yours.
25) you give oxyto a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. the rights that you grant in this license are for the limited purpose of operating, promoting and improving our services, and to develop new ones. this license continues even if you stop using our services.
26) you would not resell, duplicate or reproduce or exploit, nor decompile, reverse-engineer, disassemble, or otherwise convert any part of the service without the written consent permission of oxyto.
27) you would not duplicate, copy, or reuse any portion of the visual design or layout of the service without the written consent permission of oxyto.
28) you would not remove any copyright, trademark, or other proprietary rights notices contained in the services.
29) you would not frame or “mirror” any part of the services without our prior written consent.
- indemnification
30) you shall defend, indemnify, and hold harmless company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the services, content or otherwise from your user submissions; (b) your breach of these terms; (c) your violation or alleged violation of any applicable federal, state or local laws, rules and/or regulations; or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with company in asserting any available defenses.
- limitation of liability
31) in no event shall company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (including, without limitation, any content): (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, exemplary, or consequential damages of any kind whatsoever, substitute goods or services (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); (c) for your reliance on the services; or (d) for any direct damages in excess of (in the aggregate) inr 1,000(one thousand) only. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you if you reside in such a jurisdiction.
32) nothing herein shall limit the potential professional liability of a physician or other licensed health care provider arising from or related to medical services you may receive consequent to the use of the services.
we are not liable to any person or user for any harm caused by the negligence or misconduct of any licensed medical professional or any other party.
33) when using the services, information will be transmitted over a medium which may be beyond the control and jurisdiction of company, its customers and/or its vendors. accordingly, company assumes no liability for or relating to the delay, unintended disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of the services.
34) any claims against company arising in connection with your use of the services must be brought against company within 6 (six) months year of the date of the event giving rise to such action.
- Governing law; dispute resolution
35) a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
36) jurisdiction for legal dispute and resolution is limited to jurisdiction of courts located in bangalore, karnataka, india.
if you have any questions regarding this terms of use or if you wish to discuss the terms and conditions contained herein, please contact oxyto at: support@oxyto.app