User Agreement
(Including: Software License Agreement Service Agreement)
AXS Solutions and Consulting Pvt. Ltd. (Hereafter referred to as "AXS") Please read carefully and fully understand the software license and service agreement (this "agreement")
BY CLICKING THE “I AGREE” BUTTON/ DOWNLOADING/ INSTALLING/ USING THE APPLICATION, YOU
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
(B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT;
(C) THAT YOU HAVE PROVIDED US WITH YOUR INFORMED CONSENT IN ORDER TO COLLECT YOUR DATA FROM THIRD PARTIES AND
(D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE
AXS reserves the right to modify this agreement. If the terms of this agreement are updated, it will be published on the official website, application store or software and will take effect from the date of publication.Major application stores re-download and install software or view the latest version of this agreement. After AXS modifies the terms of this agreement, if you do not accept the revised terms, please stop using this software and services provided by AXS immediately.; Your continued use of this software and services will be deemed to be your informed consent to the acceptance the revised terms of this agreement.
1. General Terms
This Agreement shall become effective on 26 Jan 2022.
1.1. This Agreement is for you (hereafter referred to as "User"), AXS and its third party operating partners (hereinafter referred to as "Partners").Upon acceptance of this Agreement by the User, the User shall be able to download, install and use the software of AXS (hereinafter referred to as "Software") and thereafter use the services provided by AXS through its software or otherwise.
1.2. By downloading and installing the Software of AXS on your mobile and/or other smart terminal devices you consent and subscribe to the service provided by AXS through such software i.e. synchronizing medical and athletic data collected by AXS either by themselves or through thier partners and/or any other AXS products and/or softwares that are subscribed by you.
1.3. The ownership and operating rights of software and services shall always belong to AXS.
2. License for the user of the Software
2.1. Upon the user downloading and installing the software, AXS grants to the user a personal, limited, revocable, non-transferable and non-exclusive license to the user for the use of the software and the services provided by AXS through the software. The user is not under this license permitted to to re-license such software and/or transfer the software to a third party.2.2. The license for the use of the software is granted to the Users for non-commercial use on a single mobile terminal device only. The user is not entitled to install, use, or execute software for any commercial operation. If the User needs to sell, copy or distribute the software for commercial purposes, such as software pre-installation or bundled sales shall not be carried out without the written consent of AXS.
2.3. Further, by acceptance of the terms herein, the User acknowledges the fact that the license for the software has been granted for the personal use of the User. The User shall not copy, alter or modify any data of the software or any data sent to the memory of any terminal device when the software is executed and/or any interactive data generated between the User and the server when the software is executedand/or when the software is executed with the use of the plug-in and/or any form of any derivative work (including but not limited to plug-ins). Further, the User shall not access software and related systems through unauthorized third-party tools/services.
2.4. User shall not install the software on other terminal devices not expressly permitted by AXS and without the permission of AXS, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
2.5. Users may store copies of the software in order to use the software and services, but only for backup purposes. The backup copy must contain all copyright data of the original software which the User shall in no way modify and/or make changes to.
2.6. Unless expressly authorized by this agreement, AXS does not grant User any other right in relation to the software. If the User intends to use any other right in relation to the software, the same shall require a prior written consent of AXS.
3. Software acquisition, installation and upgrade
3.1. User should download and install the software from the website/link designated by AXS or as specified by it. Please be careful not to download software on non-designated websites/links in order to prevent mobile devices from being infected with malicious software that may damage user data and obtain user privacy data. If you acquire software or an installer with the same name as the software from a third party that is not authorized by AXS, AXS cannot guarantee its normal use, and AXS will not be liable for any loss caused to the User.
3.2. The User must select the software version that matches the installed terminal device. Otherwise, any software problems, device problems or damage caused by the inconsistency between the software version and the device model will be borne by the User alone and AXS shall not be responsible for the same.
3.3. In order to improve User experience and optimize service content, AXS reserves the right to provide replacement, modification and upgrade versions of software, and reserves the right to charge for replacement, modification or upgrade, but such fees will charged after obtaining your prior consent.
3.4. By default, the software enables the "upgrade prompt" function for the User. Depending on the software version used by the user, AXS allows the user to decide whether to enable the above functions. After the release of the new software version, AXS does not guarantee that the old version of the software will continue to be used or the old version of the software will perform as stated at the time of its release.
4. Terms of Use
4.1. Users' use of software and services is subject to this agreement and the applicable law for the time being in force in India and as amended from time to time.
Users shall not engage in the following activities:
4.1.1. Delete any copyright information of software and other copies, or modify, delete, or circumvent the technical measures taken by software to protect intellectual property rights;
4.1.2. Perform reverse engineering of the software, such as cracking, decompiling or other attempts to obtain the source code of the software;
4.1.3. Add, delete and/or change the function and/or performance of the software by modifying and/or forging instructions and/or data during software execution, and/or otherwise operating the software or communicating it to the public for such purposes, whether for commercial use or not ;
4.1.4. Use software to perform any acts harmful to network security, including but not limited to: use of unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or other operating systems, and Delete, modify and/ or making additions to any stored data; attempt to detect, scan, or test the weaknesses of the software system or network or perform other actions that damage the network security without authorization; attempt to interfere with or disrupt the normal operation of the software system or website, intentionally disseminate Malware or viruses, or other actions that disrupt or interfere with normal network information services; falsified the name or partial name of a TCP/IP packet;
4.1.5. User logging in or using thesoftware and services, or create, publish, or distribute these tools through third-party compatible software or systems that are not developed, licensed, or approved by AXS;
4.1.6. Without the written permission of AXS, the User performs any operation on the software or the data contained therein, including but not limited to use, lease, loan, copy, modify, establish link, remake, edit, release, publish, establish Mirroring points or unauthorized use of software development-related derivative products, works, services, plug-ins, compatibility or interconnection;
4.1.7. Use software to publish, transmit, broadcast, or store content that violates national laws, endangers national security, reunification of the motherland, social stability, or public order, or any inappropriate, insulting, obscene, or violent content, or violates national laws and regulations Content;
4.1.8. use software to publish, transmit, broadcast, or store content that violates the legal rights of others' intellectual property and trade secrets;
4.1.9. Use software to bulk publish, transmit or broadcast advertising data or spam;
4.1.10.Use software and other services provided by AXS in any way that is illegal, for any unlawful purpose or in any manner inconsistent with the use of the license under this Agreement;
4.2. Terms of data release
4.2.1. You may use the software to publish data that you have created or that you are authorized to post, such as opinions, data, text, data, user names, pictures, photos, personal data, audio or video files, links, etc. You must ensure that you have intellectual property rights or have obtained statutory authority over the uploaded data, and that your use of the software and services will not infringe the legal rights or interests of any third party.4.2.2. When using the software, you must comply with the relevant laws and regulations under the applicable laws and/or mentioned in this terms of use and shall not do the following:
4.2.2.1. Distribute, transmit, broadcast, or store content that violates others' legitimate rights such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
4.2.2.2. Fabricate facts or conceal the truth to mislead or deceive others;
4.2.2.3. Post, transmit or broadcast advertising data or spam;
4.2.2.4. Engaging in other violations of laws, regulations, policies, public order, social ethics, etc.
4.2.3. User shall not carry out any commercial activities in the Software, such as advertising or selling merchandise, without the permission of AXS.
4.3. User understands and agrees to the following:
4.3.1. AXS will judge whether the User suspected of violating the above-mentioned usage specification and suspend or terminate the license granted to the Userbased on the judgment result, or take other restrictive measures according to this agreement;
4.3.2. AXS will delete any data suspected of being illegal directly or infringing the legal rights of others or in violation of this agreement when the user uses the licensed software;
4.3.3. If the User violates the above rules of use and cause damage to a third party, the User is solely responsible for the same and User shall indemnify keep indemnified AXS from any loss and/or claim and/or damage resulting from the same;
4.3.4. The User indemnifies and keeps indemnified the AXS from any and all damages, third party claims, administrative penalties, damages and/or expenses (including reasonable attorneys' fees, investigations, and evidence collection) that the User may cause or suffer from any violation of the law or breach of this Agreement.)
5. Privacy Policy and Personal Data Protection
5.1. It is important for us to protect your personal data. In order to provide our service and improve user experience, we will collect certain types of data as stated in our Privacy Policy. By accessing or using the service, you agree that we can collect, use and protect your data in accordance with our Privacy Policy.
6. Service Risk and Disclaimer:
6.1. The User must purchase the necessary devices for Internet access, and use the telecommunications value-added services through the mobile terminal device, and bear the personal communication terminal device connected to the Internet or the communication fees collected by third parties (including but not limited to telecommunications and mobile communication operators), data costs and related expenses. If you need any telecommunication value-added services, we suggest that you confirm the charges with the telecommunications value-added service operators.
6.2. Neither AXS nor its partners are liable for any loss to users due to third-party reasons such as communication network failures, technical issues, network or mobile terminal device malfunctions, system failures, and various other force majeure factors.
6.3. This software, like most other internet software, may be affected by a number of factors, including but not limited to user reasons, the quality of web services, social environment differences, etc., and may also be plagued by various security issues, such as others use of the User data that leads to nuisance to real life; other software downloaded or installed by the Users, or other websites browsed by User with “trojans” and other viruses that endanger the data and data security of the User’s terminal devices, thereby affecting the software’s normal use. User should strengthen his awareness of information security and user data protection, and pay attention to strengthening password protection to avoid loss and nuisance.
6.4. When the User uses this software, or requests AXS to provide a specific service, the software may call a third-party system or software to support the User's use or access. Use or access to the results will be provided by a third party. AXS does not guarantee the safety, accuracy and effectiveness of the results obtained by supporting system or software, nor does it guarantee any other uncertain risks; if any dispute or loss arises as a result, AXS will not assume any responsibility.
6.5. AXS is particularly pleased to note that in order to protect the company's business development and adjust the autonomy, AXS reserves the right to change or suspend the service at any time without notice and without any liability to the User or any third party.
6.6. In addition to those stipulated by laws and regulations, AXS will do its best to ensure that the software and related technologies and information are safe, effective, accurate and reliable; based on the existing technical limitations, the User understands that AXS cannot guarantee and/or take responsibility for the data available.
6.7. User shall be solely responsible for personal injury, accident or consequential loss for loss of profits, loss of data, business interruption or other commercial damage resulting from or related to the following reasons which include but not limited to the following::
(1) Use or failure to use licensed software;
(2) Unauthorized use of the software by third parties or modification of user data;
(3) Costs and losses incurred by users during the use of the software;
(4) User misunderstood the software;
(5) Other losses related to this software that are not caused by AXS;
6.8. If the User or other software user takes any action through the software, or if the User is misled or fraudulent, which leads to any personal injury or property loss,then in such case the faulted party shall bear all the responsibilities arising therefrom and keep AXS indemnified from the same.
7. Intellectual Property Declaration
7.1. AXS is the intellectual property holder of this software. Copyright, trademarks, patents, trade secrets and all other intellectual property rights related to the software, and all information related to the software (including but not limited to text, images, audio, video, graphics, interface design, configuration, data or electronic documents Etc) are protected by the laws of India and corresponding international agreements. AXS has the above intellectual property rights.
7.2. Without the prior written consent of AXS, the User may not use or transfer any of the above-mentioned intellectual property rights for any commercial or non-commercial purpose independently or allow any third party to use it. AXS reserves the right to pursue legal liability for such conduct.
8. Links to Third Party Websites/Apps
8.1. The software may contain links to Sites and other resources operated by third parties other than AXS. Such links are provided solely as a convenience to the User. AXS does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the software does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If the User decides to access any third party websites or acquire any third party products or services, the User shall do so entirely at its own risk, and the User may be subject to the terms and conditions and the privacy policies imposed by such third parties.
9. Viruses, Hacking and Other Offences
9.1 The User shall not misuse the software by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorized access to the software, the server on which our software is stored or any server, computer or database connected to the software. The User shall not attack the software via a denial or service attack or distributed denial or service attack. AXS will report any such breach to the relevant law enforcements authorities and AXS will co-operate with those authorities by disclosing the User’s identity to them in such events. In the event of such a breach, the User’s right to use the software will cease immediately.
9.2. AXS 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 the User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the software or to your downloading of any material posted on it, or on any website linked to it.
10. Limitation of Liability and Disclaimer
10.1. The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of reasons beyond our control.
10.2. The Services, including the software, Content and each portion thereof are provided "AS IS" without warranties of any kind either express or implied.
10.3. The User acknowledges that AXS does not warrant, expressly or impliedly, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of any right under Applicable Law.
10.4. The User further acknowledges that AXS does not warrant uninterrupted, timely, secure, error-free or virus free Service.
10.5. AXS does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the software or its services.
10.6. AXS shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred to you due to use of the software or due to the non- availability of the Services mentioned herein.
11. Indemnification
11.1. The User agrees to indemnify and keep indemnified, defend and hold harmless AXS, its affiliates, our community members, officers, directors, employees, agents, licensors, representatives and third party providers to our Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by the User, including but not limited to any breach or alleged breach of any of the User’s representations, warranties or undertakings hereunder.
11.2. AXS reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User shall fully cooperate with AXS in asserting any available defenses.
12. Revision
12.1. AXS reserves the right to amend the terms of this Agreement from time to time in its sole discretion and any such revised terms will be posted on the relevant webpage in a timely manner. If the User does not agree with any amendment, the User should take the initiative to cancel the relevant service. If the User continues the use of the service, the User shall be deemed to have accepted the revised agreement.
12.2. AXS or Partner reserves the right at its sole discretion to modify or change the paid service, charging standard, charging model, service fee or terms of service provided by it from time to time.
12.3. When it comes to providing services, AXS may start charging User for certain current or future expenses.
12.4. If the User refuses to pay such fees, he will not be able to continue to use the related services after the start of billing.
12.5. AXS and partners will use their best efforts to inform users of any corrections or adjustments by email or other means.
13. Applicable Law and Dispute Resolution
13.1. The validity of this agreement and its interpretation are governed by the laws of the Republic of India. If no relevant legal provisions exist, you can refer to international commercial measures and/or general commercial measures.
13.2. This agreement is deemed to be signed and executed in Mumbai, India and is subject to the jurisdiction of courts in Mumbai, India.
13.3. Both Users and AXS agree that all disputes arising from this service shall be settled through mutual negotiation. If the dispute cannot be resolved through consultations, either party may appeal to the dispute with the local court of jurisdiction where the agreement was signed.
14. Other matters/Miscellaneous
14.1. For any specific service of the software, or the existence of independent agreements and related commercial terms (hereinafter collectively referred to as “independent agreements”), please read and agree to the relevant independent agreement before using these specific services.
14.2. The headings of all clauses of this Agreement are for ease of reference only and should be ignored when interpreting this Agreement.
14.3. If any provision of this Agreement is invalid or becomes invalid or unenforceable for any reason, the other terms of this Agreement shall remain in full force and shall be binding on both parties to this Agreement.