Terms & Conditions
Last Revised: May 19, 2017
Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software for use.
ATTENTION:
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND KRATIN SOFTWARE SOLUTIONS PVT LTD(“COMPANY” OR “KRATIN”). STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF “TRULIACARE” APPLICATION FOR iPHONE (“LICENSED APPLICATION”). PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, DOWNLOADING, INSTALLING AND/OR USING THE LICENSED APPLICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, DOWNLOAD, INSTALL AND/OR USE THE LICENSED APPLICATION.
You agree that the Privacy Policy and Terms of Service may be updated from time to time, without prior notice, and any such changes shall be effective as soon as posted. You should also refer back to the Terms of Service and Privacy Policy on a regular basis so that you remain aware of the most current terms and conditions that apply to you.
- Usage of application: Company hereby grants to you a limited, non-exclusive, non-sublicensable, non-assignable and revocable license to install and use the Licensed Application solely for your own personal, non-commercial use on an Apple, Inc. (“Apple”) iPhone that you own or control. For the avoidance of doubt, the Licensed Application is licensed, not sold, to you by Company pursuant to and subject to the terms and conditions of this Agreement and conditions promulgated by any third party including, without limitation, Apple. Company reserves all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and Company, and Apple and its subsidiaries are not a party to this Agreement and are not responsible for the Licensed Application.
- Proprietary Rights: Company, its affiliates and/or their respective licensors own all right, title and interest in and to the Licensed Application, including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Company’s, its affiliates and/or their respective licensors’; ownership or proprietary rights therein or any other of Company’s, its affiliates’ and/or their licensors’ information, processes, methodologies, products, goods, services, or materials, tangible or intangible, in any form and in any medium.
- Restrictions: This Agreement does not allow you to use the Licensed Application on any iPhone or iPad device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of Company, its affiliates and licensors, as applicable. If you breach this restriction, you may be subject to prosecution and damages. The terms and conditions of the Agreement shall govern any upgrades or updates provided by Company that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by or references a separate license agreement in which case the terms of that license agreement shall govern.
- Permission to use the data: You hereby permit collection of all the personal information required by the application like(Email id, Photo, Username, Password, Gmail id, profile picture, DOB, gender, last name, first name, address, contact information etc) and you are aware that they will be used by the Licensed Application. The information you choose to provide about yourself on our service is used to help you describe yourself to other Users.
- Information usage: You have a right to access, modify, correct and eliminate the data about you, which has been collected pursuant to your decision to become a User. Your data is transmitted and stored securely over HTTPS secure channel. The data on your device is also encrypted for security reasons. Kratin takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your private information to third parties for marketing or other purposes. We may provide data about the usage of our services with third party service providers with whom we contract to help us provide our Services.
- Apple Health App Integration: You may opt to integrate TruliaCare with Apple's Health App Database. If you grant TruliaCare access to Apple's Health App Database, TruliaCare will import your data from the Health App Database into the Application in certain circumstances, such as weight or workout information, to the Health App Database. TruliaCare cannot read or write to the Health App Database unless you grant access. Data accessed from the Health App Database will never be shared with third parties, such as third party service providers and/or advertisers, without your permission. TruliaCare is no way responsible for the protection of the data and/or other information stored with Apple's Health Database. You and Apple are solely responsible for the protection of such information in the Health App Database. Please review Apple's applicable policies and procedures before syncing and backing up your data and/or other information with the Health App Database.
- NO MEDICAL ADVICE: You acknowledge and agree that Kratin Software Solution Pvt. Ltd. is not a health care provider. The information included within or accessed through the Software, including Applications, is for informational purposes only. The Software and such related content should not be used as a substitute for advice provided by a licensed health care provider. This only acts as a platform for communication and take no responsibility of prescription, health information, scanned documents or any other information deemed sensitive, provided by any user of the application. Kratin is not accountable for any damage caused due to information received from other users of the Licensed Application. Kratin is not responsible for, and assumes no liability resulting from any use of the Software contrary to this provision.
- Wireless Access Charges: Certain Licensed Application functions and Services require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Licensed Application. You are solely responsible for any data access or other charges you incur.
- INDEMNITY: To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Licensed Application, including your downloading, installation, or use of the Licensed Application, or your violation of these Terms and Conditions.
- Changes to the Agreement: Company may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on the Services or by other electronic means, and a new copy of this Agreement shall be made available on the Services. By using the Licensed Application and/or any Services after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and Company shall treat your use as acceptance of the changed provisions.
- Term and Termination: These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE LICENSED APPLICATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY, ITS AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITED LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Scope of application: This license permit till the time you install and use the application. At any time if you are not agreeable to any clause you may immediately uninstall the application and stop using it.