Welcome to ASPIC Innovations Private Limited’s (“we”, “us”, “our” or “ASPIC”) website (the “Website”). By accessing the Website, you agree to comply with and be bound by the Website’s terms and conditions (the “Terms”), as detailed below.
These Terms may be revised by us at any time without prior notice, such changes will become effective immediately upon their posting on the Website. We encourage you to periodically revisit these Terms in order to ensure your compliance. If you do not wish to comply with the Terms, please refrain from using the Website.
You must be at least 18 years of age to use this Website. By using this Website (and by agreeing to these Terms) you warrant and represent that you are at least 18 years old.
1. Use of Website Information
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The Website (including, without limitation, all text, audio, photographs, images, renderings, podcasts, reports, charts, widgets, gadgets, applets, and video), software, code, data, the look and feel, design and organization of the Website, and the compilation of the Website, the content, and any other content referenced in the Website (except for public domain material) and/or is derivative therefrom is and shall remain under the exclusive ownership of ASPIC. Any derivative content and/or any other content in the Website which was made by, for and/or on behalf of ASPIC is and shall remain at all times the sole and exclusive intellectual property of ASPIC.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
ASPIC provides its Website users with useful information regarding ASPIC’s services, as well as marketing, informational and educational materials. ASPIC retains any and all intellectual property in all materials posted on the Website, whether they are available for public consumption under these Terms or not. Your use of the Website shall not grant you any intellectual property or other rights in the Website materials.
Your use of the documents, graphics and other data provided on the Website is limited to viewing, downloading, printing and copying, insofar as your use is limited solely to personal, informational, or non-commercial purposes and you do not modify or alter the Website content in any way.
Except where your use constitutes “fair use”, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without our express authorization.
2. Termination of Use
Your access to the Website may be monitored by ASPIC. Further, ASPIC may, in its sole discretion, at any time terminate your access to the Website (and any service accessible through the Website).
3. User Data
You represent and warrant that you have the adequate rights for (a) the submission of all data and content submitted or posted by you through or on the Website, including without limitation any identifying or non-identifying information related to you or third parties (“User Data”) and for (b) any use or transfer permitted hereunder to be made with respect to such User Data. You shall have the exclusive responsibility and liability for the User Data and any of its own acts or omissions in respect thereof through the Website, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, and completeness of the User Data it has submitted.
You shall indemnify and hold ASPIC harmless for any failure to comply with your obligations or any breach of your warranties under this Section. ASPIC is not responsible to verify the accuracy or legitimacy of any User Data submitted or posted through the Website.
ASPIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE AND ALL INFORMATION OR OTHER MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ASPIC HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT OF THIS WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, ASPIC MAKES NO WARRANTY THAT: (i) THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE OR RELIABLE; (ii) THIS WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; (iii) THIS WEBSITE WILL NOT EXPERIENCE UNINTERRUPTED SERVICE; (iv) THIS WEBSITE DOES NOT CONTAIN ERRORS; OR (v) THIS WEBSITE IS SECURE FROM THIRD PARTIES.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. ASPIC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
ASPIC RESERVES THE RIGHT TO CHANGE, ALTER, UPDATE, MODIFY, SUSPEND, AND DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITE AT ANY TIME WITHOUT NOTICE.
5. Limitation of Liability
IN NO EVENT SHALL ASPIC BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE.
BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.
You agree to defend, indemnify and hold harmless ASPIC, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of (i) any violation of these Terms or (ii) your access to or use of the Website.
7. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website and are fully responsible for all activities that occur under your password(s). You agree to notify ASPIC immediately of any unauthorized use of your password(s).
8. Links to Third Party Websites
Some links on the Website enable you to leave the Website. The linked websites are not under the control of ASPIC and ASPIC is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. ASPIC is not responsible for any transmission received from any linked website including any webcasting, webinar, podcast, or other method or transmission. Links to third party websites are provided only as a convenience. ASPIC does not endorse any link made available through this Website.
10. Infringement Notices
In the event you have any questions, concerns or complaints regarding these Terms, you should notify us at email@example.com.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India without regard to its conflict of law principles. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the applicable courts of Kolkata, India.
If any part of the Terms is found to be invalid, unlawful or unenforceable, the offending part shall be amended or extracted from the remaining terms all of which shall remain in full force as permitted by law. The Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms and our rules and policies in this Website comprise the entire agreement between you and us, states our and our suppliers’ entire liability and your exclusive remedy with respect to the Website, and supersede all prior agreements pertaining to these Terms’ and such rules’ and policies’ subject matter. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section titles in these Terms are solely used for the convenience and have no legal or contractual significance. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Terms shall not constitute a waiver of such term.
Last updated September 23, 2021
Go to the top
ASPIC Innovations Pvt. Ltd. (“ASPIC”, “we” or “us”) offers innovative services and solutions which, amongst others, provide AI-enabled medical diagnostic services. Please read these terms of services (these “Terms”) carefully as they govern your use of ASPIC’s Services (as defined below) and create a binding contract between you and ASPIC.
1. The Services
These Terms govern the use of ASPIC’s services (the “Services”), which are provided through f-lambda application, as updated from time to time (the “Application”).
PLEASE NOTE THAT AT PRESENT THE F-LAMBDA APPLICATION IS IN TESTING AND VALIDATION PHASE, HENCE MUST ONLY BE USED FROM THE PERSPECTIVE OF TESTING AND VALIDATING THE RESULTS OF ANALYSIS.
YOU MUST ACCEPT THESE TERMS IN ORDER TO LOG INTO THE APPLICATION AND IN ORDER TO USE IT. BY DOWNLOADING THE APPLICATION, YOU ACCEPT THESE TERMS, AND THESE TERMS SHALL BE EFFECTIVE AS OF THE EARLIEST OCCURRENCE OF SUCH EVENTS (THE “EFFECTIVE DATE”). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT LOG INTO OR USE THE APPLICATION.
2. Your ASPIC Account
Use of the Services and Application is not permitted to individuals under the age of 18. You are responsible for all activity that occurs in association with your account. ASPIC’s is not liable for any Loss (as defined below) caused by your failure to maintain the confidentiality of your account credentials.
3. Your Information
4. Your Obligations
ASPIC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, subject to these Terms, to install, access and use the Services through the Application.
6. Prohibited Uses
Notwithstanding anything to the contrary herein, you may not perform, attempt to perform, or encourage or assist others in performing any of the following: (i) connecting to or accessing any portion of the Services other than through the use of the Services’ intended interfaces; ; (ii) accessing non-public areas of the Services; (iii) testing the vulnerability of the Services, breaching any security or authentication measures, circumventing any technological measure implemented by ASPIC or any of its providers to protect the Services, or publishing or disseminating any reports or analysis with respect to the Services; (iv) decompiling, disassembling, reverse engineering, tampering with, or attempting to derive the source code of any portion of the Services; (v) copying, adapting, modifying, preparing derivative works based upon the Services, ASPIC’s Materials or ASPIC’s Analysis; or (vi) distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting or otherwise disposing of the Services, ASPIC’s Materials, ASPIC’s Analysis or any portion thereof in a manner not explicitly permitted herein.
7. Maintenance and Support
ASPIC shall use commercially reasonable efforts to make the Services available at all times.
8. Disclaimers; Use at Own Risk
OTHER THAN TO THE EXTENT SPECIFICALLY AND EXPLICITLY SPECIFIED IN THESE TERMS OR THE DOCUMENTATION, THE SERVICES, AND ASPIC’S MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY WARRANTY PROVIDED IN THE DOCUMENTATION SHALL NOT APPLY TO THE EXTENT (A) THE SERVICES ARE USED IN A MANNER WHICH IS NOT COMPLIANT WITH THESE TERMS, THE DOCUMENTATION AND/OR ANY OTHER APPLICABLE TERMS, INCLUDING IN PARTICULAR AND WITHOUT LIMITATION TO THE EXTENT THE SERVICES HAVE BEEN MODIFIED, CHANGED, OR REPAIRED BY ANY PARTY WHICH IS NOT ASPIC.
ASPIC makes no warranty regarding the accuracy and completeness of any statistics, analysis, diagnosis, parameters, data or information monitored and/or displayed through any of the Services (“ASPIC’s Analysis”). The Services and ASPIC’s Analysis are not intended to diagnose, treat, monitor, cure, or prevent any disease, and are not intended to match or replace (a) any services or information produced by medical or scientific measurement devices; and/or (b) any diagnosis by you or your physicians of consumption of medication or any other medical parameters; and/or (c) any services or treatments by physicians and other medical care professionals. Additionally, ASPIC makes no warranty that the Services will meet your requirements and/or any medical or regulatory standards or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that if you rely on any Services, including without limitation the ASPIC’s Analysis, you do so solely at your own risk.
We do not accept liability for any error or omission, injury, expense, loss (including, without limitation, loss due to ASPIC’s Analysis) or damage caused, in whole or in part, by our or any other third party’s actions, omissions, or negligence.
Without derogating from the aforementioned, you acknowledge that the Services may be impaired or produce inaccurate or incorrect output (including without limitation ASPIC’s Analysis) due to, without limitation (a) the provision by you of incorrect details; and/or (b) use of the Application when it is not updated with the last available update and/or (c) use of the Application other than as instructed by ASPIC.
9. Limitation of Liability
NEITHER ASPIC, ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES SHALL BE LIABLE FOR (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, COSTS, LOSSES OR EXPENSES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA AND/OR GOODWILL ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES AND/OR YOUR OR ANY THIRD PARTY’S RELIANCE UPON THE SERVICES (INCLUDING WITHOUT LIMITATION ASPIC’S ANALYSIS); AND (B) ANY DAMAGES, LOSSES AND/OR EXPENSES (“LOSSES”) ARISING OUT OF, OR IN CONNECTION WITH YOUR OR ANY THIRD PARTY’S RELIANCE UPON ASPIC’S SERVICES (INCLUDING WITHOUT LIMITATION ASPIC’S ANALYSIS). THE AFOREMENTIONED SHALL APPLY REGARDLESS OF WHETHER A CLAIM IS BASED UPON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASPIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASPIC AND YOU.
WITHOUT DEROGATING FROM THE ABOVE, ASPIC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INACCURACY, PERFORMANCE FAILURES, BREACHES, UNAVAILABILITY AND/OR LOSSES ARISING OUT OF, OR IN CONNECTION WITH, ANY EXTERNAL THIRD PARTY SERVICES UPON WHICH THE SERVICES RELY (INCLUDING WITHOUT LIMITATION FAILURES RELATED TO HOSTING SERVICES, CLOUD SERVICES, PAYMENT PROCESSING SERVICES) AND/OR GENERALLY FROM CAUSES BEYOND ASPIC’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, CELLULAR, INTERNET OR BLUETOOTH FAILURE, NETWORK OR COMPUTER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, OR ACTS OF PROVIDERS OF THIRD PARTY SERVICES.
You will indemnify and hold harmless ASPIC, its affiliates and their respective officers and/or employees, from and against any Losses (for clarification, the term Losses shall include without limitation reasonable attorney fees) incurred due to any third party suit, claim or procedure arising out of, or connected with your breach of these Terms.
11. ASPIC’s Rights
ASPIC retains all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and any other intellectual property rights (whether or not registerable) in and to ASPIC’s Services, ASPIC’s Materials and the technology, know how, and any other intellectual property (including without limitation any software) underlying the Services, including without limitation any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon. Except for the rights expressly granted to you hereunder, these Terms do not grant you any rights or license by implication or otherwise with respect to any of ASPIC’s Materials and/or its intellectual property, including ASPIC’s Analysis. The term “ASPIC’s Materials” shall mean any names, texts, graphics, images, music, audio, video, works of authorship, names, and symbols of any kind, and information or other materials that are generated, displayed on, provided or otherwise made available through the Services.
Without derogating from the above, as between you and ASPIC, ASPIC shall be the sole and exclusive owner of all rights to any and all feedback provided by you, and any ideas, inventions and/or improvements (whether protectable by any intellectual property protection or not) conceived or derived or resulting from such feedback or embodied therein (“Feedback”). You hereby irrevocably assign to ASPIC any rights that you may have in such Feedback, and to the extent such rights may not be assigned, you hereby provide ASPIC a royalty free, perpetual, worldwide, exclusive, irrevocable license to use such Feedback for any purpose, including commercial purposes.
These Terms shall be effective as of the Effective Date and shall continue in effect until they are terminated as specified herein.
You may terminate these Terms and all outstanding Services (and their Subscription Periods) by submitting a request to delete your Account or providing written notice of termination to ASPIC and then ceasing all use of the Services, in which case these Terms and the applicable Services shall terminate immediately upon deletion or receipt of termination request or notice by ASPIC (as applicable). The request should be mailed to firstname.lastname@example.org. You may also visit the following menu within the f-lambda app to request deletion of account.
ASPIC may, in its sole discretion, terminate these Terms and/or cease providing the Services or any portion thereof at any time for convenience or inability to continue providing the Services without any notice.
Upon Termination of these Terms and all outstanding Services (and their Subscription Periods), you shall not be eligible for any refunds from ASPIC.
Upon termination or expiration of these Terms, for any reason whatsoever, all rights granted to you shall immediately terminate and you shall immediately cease any use of the Services.
You acknowledge that following termination, any Information related or made available to you through the Services will no longer be available to you through the Services or otherwise made available to you by ASPIC (and ASPIC shall be entitled to use or destroy such information or data at its own discretion).
Notwithstanding the forgoing, any provisions of these Terms that by their nature are intended to survive termination, including without limitation the provisions of sections 8, 9, 10, 11, 12, 13 and 18 of the Terms, shall not be affected or prejudiced by such termination.
13. Confidential Information
Both ASPIC and you agree to keep confidential and to use only for purposes of performing or as otherwise permitted under these Terms, any proprietary or confidential information of the other party disclosed pursuant to these Terms which is marked as confidential or is identified at the time of disclosure as confidential or which would reasonably be considered confidential or proprietary in nature (“Confidential Information”). The obligation of confidentiality shall not apply to information which (i) is publicly available through authorized disclosure; or (ii) is known by the receiving party at the time of disclosure as evidenced in writing; or (iii) is rightfully obtained from a third party who has the right to disclose it; or (iv) which is required by law, government order or request to be disclosed (provided that the receiving party shall give written notice to the other party prior to such disclosure and an opportunity, at the objecting party’s expense, to take legal steps to resist or narrow such request). Without derogating from the aforesaid, you acknowledge and agree that ASPIC’s Services and any of ASPIC’s Materials shall be deemed to constitute Confidential Information of ASPIC. The receiving party will use no less than a reasonable standard of care to safeguard the Confidential Information received from the disclosing party. The receiving party will only use the Confidential Information of the disclosing party: (a) to exercise its rights and perform its obligations under this Agreement, or (b) as otherwise required by law. Upon any termination of these Terms, either you or ASPIC shall destroy or return to the other party (as applicable) all its Confidential Information, and all copies thereof, in the possession, custody or control of the party unless otherwise expressly provided in these Terms. The parties agree that the receiving party’s disclosure of Confidential Information except as provided herein may result in irreparable injury for which a remedy in money damages may be inadequate. The parties further agree that in the event of such disclosure or threatened disclosure, the disclosing party may be entitled to seek an injunction to prevent the breach or threatened breach, in addition to remedies otherwise available to the disclosing party at law or in equity.
14. Alerts and Notifications
As part of your use of the Services, you may receive notifications, text messages, alerts, or e-mails. You hereby agree to the receipt of these communications. You can control receipt of related communications from your account settings, unless required for operational purposes.
We are entitled to change these Terms from time to time. We will notify you of changes to the Terms by posting them on the Website and/or the Application or in any other way we deem appropriate. Any such change shall be effective immediately upon such notification or posting (as applicable). By continuing to use the Services following a change, you are accepting such change. We may also change or discontinue, temporarily or permanently, any feature or component of ASPIC’s Services at any time, with or without notice, without incurring any liability to you aside from as explicitly specified herein.
16. Force Majeure
Neither party shall be liable to the other for any performance delay or failure to perform hereunder (other than any payment obligation) due to any act, omission or condition beyond the reasonable control of the affected party.
17. Governing Law and Venue
These Terms shall be construed and enforced in all respects in accordance with the laws of India, without reference to principles of conflict or choice of law. The courts located at Kolkata, India shall have exclusive jurisdiction over any dispute or matter in connection with these Terms.
18. General Terms
The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of these Terms. These Terms constitute the entire agreement between the parties regarding the use of the Services (other than to the extent explicitly specified herein), and supersede any previous arrangement, understanding or agreement between you and ASPIC, written or oral, relating thereto. Neither party’s waiver of any breach or default of any provision of this Terms shall constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent breach or default. Unless expressly provided otherwise herein, all remedies hereunder are cumulative and do not exclude any other remedies available by law. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect. These Terms do not confer any rights on any third party. You shall not, without the prior written consent of ASPIC, assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorized assignment shall be null and void. ASPIC may, at any time, freely assign, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.
Upon Termination of these Terms and all outstanding Services (and their Subscription Periods), you shall not be eligible for any refunds from ASPIC. In case you purchase a subscription via the Application but are unable to access the Services, please contact us at email@example.com for a refund or redressal of the problem.
At present, ASPIC’s Services are only available within the territory of India.
21. Contact Details
Any required or permitted notices hereunder must be given in writing (a) if to ASPIC, by E-mail to the following address: firstname.lastname@example.org; and (b) if to you by e-mail to the e-mail address with which you registered for ASPIC’s Services. Notices will be deemed received within 1 business day in the region of ASPIC’s operation.
These Terms were last updated on: November 30, 2022