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Terms of Services

Welcome, and thank you for your interest in AKT HEALTH ANALYTICS PVT LTD. (“Akthealth,” “we,” or “us”) and our website at www.akthealth.com, along with our related websites, networks, cloud-based web-applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Akthealth regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT,” OR ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Akthealth’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND Akthealth’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Akthealth AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE: Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND Akthealth ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)

1. Akthealth Service Overview

Akthealth streamlines the start up process and administration of clinical research studies by (i) allowing clinical research study teams to publish information about clinical research studies, recruit participants and communicate with study participants through the Service and (ii) allowing study participants to enroll in clinical research studies and participate in such clinical research studies through their personal devices.

2. Eligibility

You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 18-years old or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and has entered into these Terms on your behalf
(b) you have not previously been suspended or removed from the Service
(c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create your own password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you are an administrator of a clinical research study and believe that your account is no longer secure, then you must immediately notify us at info@akthealth.com. If you are a participant in a clinical research student, then please contact the administrator of the clinical research study.

4. Licenses

4.1 Limited License : Subject to your complete and ongoing compliance with these Terms, Akthealth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

4.2 License Restrictions : Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
(a) reproduce, distribute, publicly display, or publicly perform the Service
(b) make modifications to the Service
(c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

4.3 Feedback : If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Akthealth an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

5. Ownership; Proprietary Rights

The Service is owned and operated by Akthealth. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Akthealth are protected by intellectual property and other laws. All Materials included in the Service are the property of Akthealth or its third-party licensors. Except as expressly authorized by Akthealth, you may not make use of the Materials. Akthealth reserves all rights to the Materials not granted expressly in these Terms.

6. E-Signatures

Akthealth may allow you to sign documents electronically through the Service. By using such feature, you are solely responsible for obtaining all necessary rights and authority to sign documents electronically in accordance with all applicable laws. Akthealth is not responsible for determining whether any particular document can be legally formed by electronic signature or whether any electronic signature is valid.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites : Akthealth may provide tools through the Service that enable you to export information to third-party services. By using one of these tools, you agree that Akthealth may transfer that information to the applicable third-party service. Third-party services are not under Akthealth’s control, and, to the fullest extent permitted by law, Akthealth is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Akthealth’s control, and Akthealth is not responsible for their content.

7.2 Third-Party Software : The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

You may exercise these rights by contacting us using the contact details at the end of this Privacy Policy. Before meeting your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

8. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

8.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law.

8.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.

8.3 interfere with security-related features of the Service, including by:
(a) disabling or circumventing features that prevent or limit use or copying of any content
(b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law.