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Terms of Use

Version 1.0

Release Date 28/07/2020

Roundworks Technologies Private Limited. and its related companies (“We”, “Us”, “Company”, “alveoFit”) take your privacy seriously, and we want you to know how we collect, use, share, and protect your information. This Privacy Policy relates to the information collection and use practices of alveoFit in connection with our Services, which are made available to you through a variety of platforms, including, but not limited to, https://alveo.fit and https://shop.alveo.fit/(the “alveofit website and alveoFit applications”) and our alveoFit mobile app, which is accessible through, smartphones (the “App”) and operates in conjunction with paired Bluetooth-enabled alveoDot which is an MDI (metered dose inhaler sensor) and alveoAir sensors (the “Spirometer”). The alveofit website and alveoFit applications, App and devices are collectively referred to as the “ecosystem.”All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the alveofit website and alveoFit application. BY LOGGING INTO THE ALVEOFIT WEBSITE AND ALVEOFIT APPLICATION ND ALVEOFIT MOBILE APPLICATION, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE ALVEOFIT WEBSITE AND ALVEOFIT APPLICATION AND MOBILE APP. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE ALVEOFIT WEBSITE AND ALVEOFIT APPLICATION AND/OR MOBILE APP.

Access to the ALVEOFIT website and alveoFit application

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the alveofit website and alveoFit application solely for your own personal, noncommercial use.

No Medical Advice. YOU ACKNOWLEDGE AND AGREE THAT ALVEOFIT WEBSITE AND MOBILE APPLICATION DOES NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND THAT ALVEOFIT WEBSITE AND MOBILE APPLICATION DOES NOT EVALUATE THE NEED TO SEEK MEDICAL ATTENTION, THROUGH THE SERVICES. THE CONTENTS OF THE SERVICES, SUCH AS GRAPHICS, IMAGES, INFORMATION, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE PROVISION OF SUCH CONTENT DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE A MEDICAL OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR DOCTOR, PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the alveofit website and alveoFit application; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the alveofit website and alveoFit application; (c) you shall not access the alveofit website and alveoFit application in order to build a similar or competitive alveofit website and alveoFit application; and (d) except as expressly stated herein, no part of the alveofit website and alveoFit application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the alveofit website and alveoFit application shall be subject to these Terms.  All copyright and other proprietary notices on the alveofit website and alveoFit application must be retained on all copies thereof.

The company reserves the right to change, suspend, or cease the alveofit website and alveoFit application with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the alveofit website and alveoFit application or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the alveofit website and alveoFit application.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the alveofit website and alveoFit application and alveofit application and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the alveofit website and alveoFit application or alveofit application do not give you any rights, title or interest in or to any intellectual property rights.

 

User Content

Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such Content originated. This means that each User is entirely responsible for all information, data, and other content that User posts, transmits or otherwise makes available to other Users through the Services (“User Content”). Company and alveoFit app has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Company reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Company and alveoFit application shall have the right to remove any content that violates this Agreement or is otherwise objectionable.

Ownership of Your Content. Company and alveoFit application does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Company and alveoFit application the license. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.

License to Your Content. Subject to any applicable Account settings, you grant Company and alveoFit application a right to copy, use, display Your Content (in whole or in part) and create derivative works from Your Content for purposes of operating and providing the Services.  You hereby grant Company and alveoFit application a nonexclusive, irrevocable, perpetual, worldwide, sublicensable license to use and create derivative works of Your Content for its own business purposes, including without limitation, to improve the Services, analyze Users’ use of the Services, and develop new products and services.  YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF CONFIDENTIALITY OR PRIVACY WITH RESPECT TO INFORMATION THAT YOU MAKE AVAILABLE ON THE PUBLIC AREAS OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INFORMATION. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services

Community Use Guidelines. 

 

You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company and alveoFit application’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company and alveoFit application; or (vi) discloses any personal information about another person without the express written consent of such person (except if you are a parent or legal guardian disclosing information about your child who is a Patient to your child’s Provider).

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The alveofit website and alveoFit application may contain links to third-party web alveofit website and alveoFit applications and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. 

Each alveofit website and alveoFit application user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any website and alveoFit application user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the alveofit website and alveoFit application. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

 

Disclaimer of Warranties and Conditions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE ALVEOFIT WEBSITE AND MOBILE APPLICATION PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALVEOFIT WEBSITE AND MOBILE APPLICATION PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU ACKNOWLEDGE AND AGREE THAT THE ALVEOFIT WEBSITE AND MOBILE APPLICATION PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ALVEOFIT WEBSITE AND MOBILE APPLICATION PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

NONE OF THE ALVEOFIT WEBSITE AND MOBILE APPLICATION PARTIES ENDORSE OR RECOMMEND ANY USER CONTENT OR PROVIDER SERVICES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY USER (INCLUDING WITHOUT LIMITATION, PROVIDERS) THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ACT AS A CONDUIT THAT ALLOWS USERS TO COMMUNICATE. NONE OF THE ALVEOFIT WEBSITE AND MOBILE APPLICATION PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND ANY OTHER USER, INCLUDING WITHOUT LIMITATION, YOUR PROVIDER, OR FOR ANY RESULTS CAUSED BY RELYING ON USER CONTENT OR PROVIDER SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER.

THE CONTENT PROVIDED ON THE SERVICES AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY CONTENT CREATED BY OR MADE AVAILABLE BY ALVEOFIT WEBSITE AND MOBILE APPLICATION, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU OR YOUR FAMILY MEMBER(S) MAY HAVE A MEDICAL EMERGENCY, CALL MEDICAL EMERGENCY SERVICES OR GO TO THE EMERGENCY ROOM IMMEDIATELY.

THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the alveofit website and alveoFit application even if company has been advised of the possibility of such damages.  Access to and use of the alveofit website and alveoFit application is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. 

 

Subject to this Section, these Terms will remain in full force and effect while you use the alveofit website and alveoFit application.  We may suspend or terminate your rights to use the alveofit website and alveoFit application at any time for any reason at our sole discretion, including for any use of the alveofit website and alveoFit application in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the alveofit website and alveoFit application will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  The company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections.

Copyright Policy.

Company respects the intellectual property of others and asks that users of our alveofit website and alveoFit application do the same.  In connection with our alveofit website and alveoFit application, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online alveofit website and alveoFit application who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our alveofit website and alveoFit application, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the information in the form of a written notification must be provided to our designated Copyright Agent:

  • your physical or electronic signature;

  • identification of the copyrighted work(s) that you claim to have been infringed;

  • identification of the material on our services that you claim is infringing and that you request us to remove;

  • sufficient information to permit us to locate such material;

  • your address, telephone number, and e-mail address;

  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our alveofit website and alveoFit application.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our alveofit website and alveoFit application.  These changes will be effective immediately for new users of our alveofit website and alveoFit application.  Continued use of our alveofit website and alveoFit application following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Electronic Communications. The communications between you and Company use electronic means, whether you use the alveofit website and alveoFit application or send us emails, or whether Company posts notices on the alveofit website and alveoFit application or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.

Entire Terms. 

 

These Terms constitute the entire agreement between you and us regarding the use of the alveofit website and alveoFit application. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos, and service marks displayed on the alveofit website and alveoFit application are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: A-606, Lohagaon, Pune, Maharashtra-411047

Email: info@alveo.fit