Terms of Service
This Terms of Service (hereinafter “Agreement”, “Terms”) governs the use of the Platform owned and operated by VeriScript Private Limited, a Company incorporated under the provisions of Companies Act, 2013 and having registered address at 7/20 Industrial Area, Kirti Nagar - 110015, West Delhi, NEW DELHI, Delhi, India, 110015 (hereinafter “Company”, “empaithy™”, “We”, “Us”, “Our”).
This Agreement is prepared in compliance with Section 43A of the Information Technology Act, 2000 & Rule 3 of Information Technology (Intermediary Guidelines) Rules, 2011.
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The User is required to read this Agreement, the Cookie Policy and the Privacy Policy carefully and agree to the terms stated herein before accessing the website or continuing with the use of the Services of the Company. These Terms constitute a legal and binding agreement between the Company and the User of the Platform and becomes effective on the date the User Empaithy.com or downloads the mobile application of the Company ‘Empaithy™ .’
This Agreement sets forth the Terms under which you are authorized to use the Platform and details the management of your account with Us. Should you have any questions or need further clarification regarding the use of the Platform, please feel free to reach out to us at support@empiathy.com.
Definitions
"Company” shall mean VeriScript Private Limited;n.
“Empaithy™” shall mean and refers to any/all logos, signs, symbols, designs, icons, terms, product names, brand names, trademarks, wordmarks, copyrights owned or under application process for registration anywhere in the world by the Company including content in text, images, audio, video formats in any language used on websites, portals, products owned or published by the Company and all promotional materials and content used by the Company for marketing, advertising, business promotion, sales or public relations; in either printed or machine-readable form, whether or not copyrightable or patentable;
“Intellectual Property Rights” shall mean and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, source codes, object codes, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, images, audio, video, software programs, data, documents, instruction manuals, records, memoranda, notes, User guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments;
“Platform” shall mean the website located at Empaithy.com and the mobile application named
“Empaithy™” owned, operated and managed by the Company;
“Privacy Policy” shall mean the privacy policy located at Empaithy.com.;
“Services” shall mean the services offered by the Company / the Platform;
“Third Party Application” means any application or service developed by any person, firm, company or entity other than the Company;
“User” shall mean any individual that is competent to contract as per the provisions of the Indian Contract Act, 1872 and includes every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India; and
“User Data” shall mean electronic or digital content, data and information input into the Platform by the User or collected through the Platform by the Company.
Applicability of terms
This Agreement applies to:
Individuals who are seeking mental wellbeing support, guidance, or information through the Platform; and
Any other individuals or entities who access or interact with the Platform for various purposes.
In addition to the defined terms associated with specific class of persons as mentioned in Clause 2.1.1, 2.1.2 any reference to the terms “you” or “User” shall deemed to be a reference to each of the persons mentioned in this Clauses 2.1.1 and 2.1.2.
Platform
The Platform is an innovative product dedicated to enabling Users to track and enhance their emotional intelligence. This commitment extends to promoting personal growth, healthier workplaces, and ultimately contributing to a more empathetic global community. At the core of this mission, the Platform utilizes a proprietary, privately-trained Large Language Model (LLM) to analyse securely compiled data. This LLM generates insightful patterns and trends about the User's emotional state and overall mental well-being, providing Users with valuable insights to foster personal development and well-rounded emotional intelligence.
At the core of the Platform lies its AI-driven emotional support system. This sophisticated AI not only possesses in-depth knowledge of mental health but also excels in engaging Users through meaningful dialogues. It plays a pivotal role in helping Users gain deeper insights into their emotional states and concerns, addressing questions and identifying emotional patterns for enhanced self-awareness. Moreover, the Platform empowers Users by granting them complete control over their data. Users can use this data for self-improvement or share it with mental health professionals, employers, and other relevant parties, ensuring personal autonomy and privacy. This commitment to User control promotes a sense of agency, allowing individuals to navigate their emotional well-being journey on their terms while maintaining the utmost privacy and confidentiality.
One of the Platform's distinctive features is micro-journaling. This innovative approach to journaling allows Users to record their thoughts and feelings making the process more accessible and User-friendly. By capturing these reflections, the Platform enhances the Users' ability to express and understand their emotional journeys.
Our Platform offers two distinct methods to record your entries:
Text Entry: For those who prefer the traditional way of journaling, our Platform offers a straightforward typing interface. You can type your journal entries at your own pace, giving you the opportunity to reflect and articulate your thoughts and experiences in written form.
Voice-to-Text: In today's fast-paced world, where convenience is paramount, our Platform offers a cutting-edge voice-to-text feature. This User-friendly tool allows individuals to effortlessly convert spoken words into written text by simply articulating their thoughts aloud. Importantly, we prioritize User privacy, ensuring that we do not store any voice/speech data. The voice transcription functionality not only guarantees accurate conversion but also supports multiple languages, enhancing accessibility to our mental health support for Users worldwide.
The personal information collected through both typing and voice-to-text features is crucial for the ongoing development and enhancement of our AI model. This process involves using the collected data to train the AI, enabling it to understand and process human language more effectively. This continuous improvement cycle ensures that the Platform remains efficient, User-friendly, and capable of providing a high-quality User experience.
We are deeply committed to protecting your privacy. As outlined in our Privacy Policy, the information collected is used exclusively for the purposes mentioned above and is not used for any other reasons. All data collected through our Platform is completely anonymized. This means that any information used for training the AI model is removed of identifiers that could link it back to a User. This approach ensures that your personal experiences, thoughts, and expressions remain private and secure, while still contributing to the overall improvement of the Platform's capabilities.
The Platform also offers a comprehensive mental well-being tracker. This feature enables Users to document and monitor their emotional states over time. By analysing these patterns, the Platform provides valuable insights into the Users' mental health, facilitating a better understanding of their emotional well-being.
In the corporate realm, the Platform takes a significant step by focusing on workplace mental health. The Platform aids organizations in tracking employee mental health. It provides a 'company happiness map', identifying challenges employees face and promoting a supportive work environment.
While the Platform’s AI-driven insights aim to help in the understanding and monitoring of a User's mental well-being, these should not be mistaken for a professional medical evaluation. The Platform's analysis, while insightful, is not equipped to serve as a diagnosis or an indication of a specific mental health condition. Users are strongly encouraged to consult with qualified healthcare professionals for any concerns or symptoms they may experience as a healthcare professional can provide comprehensive care and advice tailored to the User’s needs.
Further, it's important for the User’s to acknowledge the limitations of the Platform's feedback accuracy. The effectiveness of the Platform’s feedback largely depends on the quality and completeness of the information provided by the User. Inaccuracies or omissions in journal entries could lead to less precise insights. Users must understand that while the Platform is a helpful tool for self-reflection and emotional exploration, the responsibility for the accuracy of the information shared and the interpretation of the feedback rests with them.
The Platform offers a unique blend of AI-driven support and User-driven data to enhance understanding of personal emotional states. However, it is not an alternative to the critical and personalized care provided by mental health professionals. The Platform serves as a bridge towards greater self-awareness and understanding, not as a definitive solution for mental health issues.
Registration
Signing Up on Our Platform:
Users, as may be approved by the Platform shall have the right to use the Service provided by the Platform.
To register on Our Platform, Users must sign up using either their email or mobile number, along with additional details such as a username and password, if applicable. The registration details provided by the User are utilized to generate an anonymized User profile. When interacting with the backend, the User Information is transmitted in an anonymized manner, ensuring that no traceability is associated with the Information.
To learn more about how the User’s identity is protected on the Platform, please refer to our Privacy Policy.
The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User must take appropriate measures to secure the devices and browser they use to prevent unauthorized access to their account.
By registering, the User acknowledges that Platform will process their data in accordance with the Privacy Policy. We are committed to protecting the personal information of the Users and ensuring that the data is used solely for the purpose of facilitating and improving Our Services.
Any registration details which the Company identifies as untrue or misleading shall grant the Company the right to terminate the use of Platform for such User with an immediate effect.
Conditions of Registering:
To register on the Platform, the User must be at least 18 (eighteen) years old. By registering on the Platform, or accepting this Agreement, the User affirms that it is 18 years of age or older and possesses the legal right, authority and capacity to use the Services offered by Platform.
If a User is registering an account on behalf of its employees or members, the User must have obtained the employee’s or member’s explicit consent to do so. By registering them, the User agrees to be bound by the terms of this Agreement on behalf of that registered employee or member.
The User may use the Platform in accordance with the terms of this Agreement and the Privacy Policy.
The Company may at any time, with or without notice, revise any of the features and functions that it provides in its Platform, including removing such features and functions completely.
The Company reserves the right to integrate the Platform with any Third-Party Application to provide any additional services as it may deem fit.
Acceptance
THE USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF SERVICE, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY ITS TERMS. THE PERSON ACCEPTING THIS AGREEMENT ON THE USER’S BEHALF THROUGH PLATFORM’S REGISTRATION PROCESS REPRESENTS THAT IT HAS THE AUTHORITY TO BIND THE USER TO THESE TERMS OF SERVICE. THE USER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT HAVE TO BE SIGNED IN ORDER TO BE BINDING. THE USER WILL HAVE INDICATED ITS ASSENT TO THE TERMS OF THE AGREEMENT BY CLICKING ON THE "REGISTER" OR SIMILAR BUTTON THAT IS PRESENTED TO THE USER AT THE TIME OF THE OPENING OF AN ACCOUNT WITH THE COMPANY.
BY USING ANY OF THE SERVICES OF THE COMPANY., YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT, PLEASE REFRAIN FROM USING OUR WEBSITE OR SERVICES
Terms of payment
The Platform offers Users three distinct payment options to cater to different preferences and needs. The first option, which is free, provides limited access to the Platform’s features and does not include access to analytics. For those seeking greater functionality, the second choice involves a monthly subscription fee of USD 9.99, granting unrestricted access to all features of the Platform. Alternatively, Users can opt for the third option, which involves a yearly payment of USD 99.99, offering the same comprehensive access.
USER’S RESPONSIBILITY AND RESTRICTIONS
The User agrees it shall not:
Misuse the Platform or authorise any third party to do so;
Provide Platform credentials to any third party and enable them to access or derive benefits out of the Platform;
Access the Platform in order to build a similar or competitive product or service, take or copy ideas from Empaithy™ Brand including but not limited to graphics, designs, features and functions;
Collect, store and/or identify private or personal information of any User or person;
Facilitate personal attacks on other individuals or groups of people;
Upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Company deems in its sole discretion inappropriate for the Website;
Impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
Stalk or otherwise harass another User;
Upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
Upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
Upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters or any other form of solicitation;
Upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or the website; and
Violate any applicable national or international laws or regulations.
As a pre-condition to use the Platform, the User agrees not to use the Platform for any purposes that are prohibited under this Agreement, including not allowing any third party to:
Engage in illegal, deceptive, or fraudulent activities, or distribute harmful or offensive content;
Violate any rights, including privacy or intellectual property rights;
Conduct unauthorized commercial activities or advertising;
Upload harmful or malicious codes intended to disrupt or damage software or hardware functionality, or gain unauthorized access to systems or data;
Interfere with other Users’ use of the Platform, or modify, delete, or misuse data related to any User of the Platform.
Violate any other right of any person or entity, or any law or contractual obligation;
Reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Platform; and
Changes, modifies, deletes, interferes with or misuses data contained on Platform and entered by or relating to any third-party User of Our Platform.
In the event of a breach or where it is suspected that there is a breach of Section 8.1 and 8.2, the Company may suspend the User’s access to the Platform and delete the User Data, with or without advance notice and without prejudice to the other remedies that Company may have.
The User shall take all reasonable steps to prevent unauthorized access to the Platform including but not limited to protecting the passwords and other login credentials.
The User shall notify the Company of any suspected unauthorized use of the Platform immediately or as soon as reasonably possible and shall use reasonable means to stop the said breach.
USER DATA AND PRIVACY
The Platform employs a comprehensive approach to User confidentiality. While Users register with a username and password, they are only represented by a unique code in our database, maintaining their privacy. Users use identity credentials for sign-in and recovery, and the system identifies them using encrypted identities. The algorithm processes data into quantifiable variables for analysis, running a privacy check to filter out personal identifiers, ensuring that User conversations are stored without private information.
In adherence to our commitment to User privacy, it is important for Users to carefully review and familiarize themselves with the details outlined in Our Privacy Policy, available at https://empaithy.com/privacy-policy. These terms highlight the manner of data collection, mentioning the how, whys, and types of data we gather from Users, providing insights into the purposes behind data collection and the circumstances under which it may be disclosed, always subject to the User's explicit consent. It is essential to highlight that the collection of data serves as a fundamental requirement for delivering the full scope of Services available on our Platform.
We strictly adhere to the principle governing our interaction with User Data. Our approach is defined by a commitment to refrain from accessing, processing, or utilizing User Data beyond the scope necessary for the operation, performance, and facilitation of the Platform. Our primary objectives are centred around providing services and continually enhancing the overall User experience on the Platform.
Users acknowledge and recognize the inherent risks associated with hosting data online, including potential unauthorized disclosure, manipulation, and deletion of Data. We make no explicit representation, warranty, or guarantee that User Data will remain undisclosed, as there exists the possibility of exposure or disclosure due to errors or the actions of third parties. However, it is important to emphasize that all Data collected is anonymized, ensuring that it cannot be employed to identify the User.
Further, the Company retains the right, with or without prior notice, to permanently erase User Data in the event that the User's account is delinquent, suspended, or terminated, with such a status persisting for a period exceeding 30 days. Users are strictly prohibited from uploading or transmitting any data on the Platform that falls under a higher degree of protection as stipulated by applicable laws. It is important to highlight that all data collected is anonymized and cannot be utilized to identify the User.
We take the privacy and safety of our users very seriously. We want to assure you that your information is treated with the utmost confidentiality. However, in the interest of safeguarding Users and the community, it is important to note that we reserve the right to disclose your information to the relevant legal authorities if, based on the data input by you on the Platform, we have reasonable grounds to believe that you may pose a risk of harm to yourself, a third party, or if there is a suspicion of criminal activity. This measure is implemented to prioritize the well-being and security of all Users and the public. We are committed to maintaining a secure and responsible environment for our community members and complying with Applicable Laws and regulations.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS.
This Platform may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following (i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents (iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer (v) Conduct or forward surveys, contests, or chain letters (vi) Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Us, and such communications shall not be considered reviewed, screened, or approved by Us. We reserve the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings without notification.
In no event shall the Platform be held responsible for any Posts nor does the Platform represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Platform be liable for any loss or damages resulting from their use and/or appearance on the Platform.
By providing a Post to the Platform, you undertake, represent and warrant to the Platform that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant Us and our associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
We will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Platform generally, in any manner that We may determine, in its sole discretion, at any time. Although We endeavour to periodically monitor the content posted on the Platform, the Platform will not be responsible for the views or opinions expressed by third parties on the Platform.
You agree that you will not use any Post and/or any part or all of our Platform in contravention of Clause 7 of these Terms.
You further agree that you may use the Platform for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third party business activity.
INTELLECTUAL PROPERTY RIGHTS
Company retains all titles, rights and interests in and to the Platform including, but not limited to all software and applications used to provide and operate the Platform, including any source code, artwork, media, improvements, enhancements, updates, modifications or derivative works thereof, whether patentable or not.
The content available on the Platform, including but not limited to, AI-generated responses, User interactions, software, photographs, written content, images, graphics, audio, logos, video clips, and animations, is the exclusive property of the Company, its partners, licensors, and assignees. This content is protected under applicable intellectual property laws.
Users are prohibited from publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, publicly performing, or publicly displaying any of the materials or content on the Platform, in whole or in part, without obtaining prior written consent from the Company.
For permissions regarding modifying, publishing, transmitting, reproducing, creating derivative works from, or publicly displaying any materials or content on the Platform, Users must contact support@empaithy.com.
Company also owns and retain all right, title, and interest in and to the Empaithy™ Brand.
RIGHT TO CANCELLATION
The User expressly undertakes to provide to the Company only correct and valid information while accessing the Platform and not make any misrepresentation of facts. Any default on part of the User would vitiate this Agreement and shall disentitle the User from availing the Services from Us.
In case the Company discovers or has reasons to believe at any time during or after receiving a request for Services from the User that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by the User, the Company, in its sole discretion, shall have the unrestricted right to take any steps against the User(s), including blacklisting that User from the Platform and permanently terminating the User’s account.
The User unequivocally indemnifies and holds harmless the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding Our own interest and that of Our other Users.
INDEMNITY
The User agrees to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Platform, including without limitation any obligation to be performed by You pursuant to this Terms. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Platform, any claim arising out of damage caused to a third party by You, breach of this Terms by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold the Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
USERS SHOULD BE AWARE THAT THE CONTENT AND SERVICES OFFERED BY THE PLATFORM ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT. WE STRONGLY ADVISE SEEKING THE GUIDANCE OF QUALIFIED HEALTH PROFESSIONALS FOR ANY MEDICAL OR MENTAL HEALTH CONCERNS, AS OUR PLATFORM IS DESIGNED TO SUPPORT, NOT SUBSTITUTE, PROFESSIONAL HEALTHCARE.
THIRD PARTY SERVICES AND WEBSITES
The Platform may feature links to external websites or platforms, which are not under the control of the Company. These external sites have their own Terms and privacy policies. When Users access these external sites through links on Our Platform, they leave the Platform’s servers and are subject to the terms and conditions of the respective external website or Platform. We strongly advise Users to review the terms and conditions of these external sites before engaging in any transactions or activities
The Company does not endorse, approve, or verify the content available on these external websites or Platforms. The inclusion of any third-party content or links on our Platform should not be interpreted as an endorsement by Us of that content, website, or Platform.
COMPATIBLE DEVICES AND USE OF OPEN AI’S API
In order to be able view content on and use the Platform, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This mobile application is available to handheld mobile devices running Android OS or iOS operating systems. We will use reasonable efforts to make the application available at all times. However, You acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside our reasonable control.
We do not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Platform being unavailable. We will not be responsible for any support or maintenance for the Platform.
In order to use the Platform, you are required to have a computer, compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The version of the Platform software may be upgraded from time to time to add support for new functions and Services.
Our platform elevates User experience by incorporating advanced AI processing capabilities through Open AI’s API. While using the cutting-edge technology provided by Open AI, we employ Our unique inputs, fine-tuning processes, and data retrieval methods to tailor Our Services.
Regarding Open AI’s data usage policy for API clients, it is important to note that Open AI does not utilize the data transmitted through the API to enhance their models. The data shared through our Platform during interactions with AI functionalities is not utilized by Open AI for training their AI models.
Both Open AI and Our Platform have implemented robust security measures to safeguard the integrity and confidentiality of User Information. In accordance with Data Protection Regulations, We ensure that any data/Information handling through Open AI’s API adheres to the highest standards of data privacy. Additionally, We provide mechanisms for Users to effectively manage their Information on Our Platform.
While utilizing Open AI’s API, we strictly adhere to their terms and conditions. We encourage users to thoroughly review Open AI’s terms and conditions for a comprehensive understanding.
It is important to acknowledge that, despite Our efforts to optimize AI capabilities on Our Platform, the accuracy of AI-generated content cannot be guaranteed. Therefore, Users are advised to exercise judgment and discretion in their interactions with the Platform
GOVERNING LAW
The Laws of India shall govern these Terms, without regard to principles of conflicts of law. The Courts at New Delhi, India shall have exclusive jurisdiction to deal with any dispute that may arise out of these Terms.
DISPUTE RESOLUTION
Any dispute between the User and the Company shall be resolved through amicable discussion between the parties. If the dispute is not resolved through amicable discussion between the parties within a period of 30 (thirty) days, the dispute shall be resolved through arbitration in accordance with Arbitration & Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator and the venue of the arbitration shall be New Delhi, India. The arbitration shall be conducted in the English language.
INTERPRETATION
Headings are for convenience only and shall not be used to construe the terms of this Agreement.
SEVERABILITY
If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term shall be severed from this Agreement and the remaining term shall remain intact as it is.
ENTIRE AGREEMENT
By accessing or using the Services on the Platform, you irrevocably agree to all the conditions stated in this Agreement, including the Privacy Policy. This Agreement supersedes any previous agreements communicated to you.
WAIVER
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorised representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
AMENDMENTS
The Platform may amend this Agreement from time to time by posting an amended version of this Agreement on its Platform. User’s continued use of the Platform after such amendment shall confirm User’s consent thereto
FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to any event beyond the reasonable control of the Company or its affiliates, which prevents or substantially hinders the performance of its obligations under this Agreement. This includes, but is not limited to, natural disasters (such as earthquakes, hurricanes, floods, and wildfires), acts of terrorism, civil unrest, war, strikes, labour disputes, epidemics, pandemics, governmental actions or restrictions, national or regional emergencies, and interruptions or failure of utility services (including but not limited to electricity, telecommunications or internet services).
Grievance Officer
If You have any questions or concerns with respect to this Terms or the Platform or any information contained thereon, You may contact Us by writing to Us at.
To, Grievance Officer
E-mail ID: support@empaithy.com
Address: New Delhi
Terms of Service
This Terms of Service (hereinafter “Agreement”, “Terms”) governs the use of the Platform owned and operated by VeriScript Private Limited, a Company incorporated under the provisions of Companies Act, 2013 and having registered address at 7/20 Industrial Area, Kirti Nagar - 110015, West Delhi, NEW DELHI, Delhi, India, 110015 (hereinafter “Company”, “empaithy™”, “We”, “Us”, “Our”).
This Agreement is prepared in compliance with Section 43A of the Information Technology Act, 2000 & Rule 3 of Information Technology (Intermediary Guidelines) Rules, 2011.
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The User is required to read this Agreement, the Cookie Policy and the Privacy Policy carefully and agree to the terms stated herein before accessing the website or continuing with the use of the Services of the Company. These Terms constitute a legal and binding agreement between the Company and the User of the Platform and becomes effective on the date the User Empaithy.com or downloads the mobile application of the Company ‘Empaithy™ .’
This Agreement sets forth the Terms under which you are authorized to use the Platform and details the management of your account with Us. Should you have any questions or need further clarification regarding the use of the Platform, please feel free to reach out to us at support@empiathy.com.
Definitions
"Company” shall mean VeriScript Private Limited;n.
“Empaithy™” shall mean and refers to any/all logos, signs, symbols, designs, icons, terms, product names, brand names, trademarks, wordmarks, copyrights owned or under application process for registration anywhere in the world by the Company including content in text, images, audio, video formats in any language used on websites, portals, products owned or published by the Company and all promotional materials and content used by the Company for marketing, advertising, business promotion, sales or public relations; in either printed or machine-readable form, whether or not copyrightable or patentable;
“Intellectual Property Rights” shall mean and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, source codes, object codes, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, images, audio, video, software programs, data, documents, instruction manuals, records, memoranda, notes, User guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments;
“Platform” shall mean the website located at Empaithy.com and the mobile application named
“Empaithy™” owned, operated and managed by the Company;
“Privacy Policy” shall mean the privacy policy located at Empaithy.com.;
“Services” shall mean the services offered by the Company / the Platform;
“Third Party Application” means any application or service developed by any person, firm, company or entity other than the Company;
“User” shall mean any individual that is competent to contract as per the provisions of the Indian Contract Act, 1872 and includes every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India; and
“User Data” shall mean electronic or digital content, data and information input into the Platform by the User or collected through the Platform by the Company.
Applicability of terms
This Agreement applies to:
Individuals who are seeking mental wellbeing support, guidance, or information through the Platform; and
Any other individuals or entities who access or interact with the Platform for various purposes.
In addition to the defined terms associated with specific class of persons as mentioned in Clause 2.1.1, 2.1.2 any reference to the terms “you” or “User” shall deemed to be a reference to each of the persons mentioned in this Clauses 2.1.1 and 2.1.2.
Platform
The Platform is an innovative product dedicated to enabling Users to track and enhance their emotional intelligence. This commitment extends to promoting personal growth, healthier workplaces, and ultimately contributing to a more empathetic global community. At the core of this mission, the Platform utilizes a proprietary, privately-trained Large Language Model (LLM) to analyse securely compiled data. This LLM generates insightful patterns and trends about the User's emotional state and overall mental well-being, providing Users with valuable insights to foster personal development and well-rounded emotional intelligence.
At the core of the Platform lies its AI-driven emotional support system. This sophisticated AI not only possesses in-depth knowledge of mental health but also excels in engaging Users through meaningful dialogues. It plays a pivotal role in helping Users gain deeper insights into their emotional states and concerns, addressing questions and identifying emotional patterns for enhanced self-awareness. Moreover, the Platform empowers Users by granting them complete control over their data. Users can use this data for self-improvement or share it with mental health professionals, employers, and other relevant parties, ensuring personal autonomy and privacy. This commitment to User control promotes a sense of agency, allowing individuals to navigate their emotional well-being journey on their terms while maintaining the utmost privacy and confidentiality.
One of the Platform's distinctive features is micro-journaling. This innovative approach to journaling allows Users to record their thoughts and feelings making the process more accessible and User-friendly. By capturing these reflections, the Platform enhances the Users' ability to express and understand their emotional journeys.
Our Platform offers two distinct methods to record your entries:
Text Entry: For those who prefer the traditional way of journaling, our Platform offers a straightforward typing interface. You can type your journal entries at your own pace, giving you the opportunity to reflect and articulate your thoughts and experiences in written form.
Voice-to-Text: In today's fast-paced world, where convenience is paramount, our Platform offers a cutting-edge voice-to-text feature. This User-friendly tool allows individuals to effortlessly convert spoken words into written text by simply articulating their thoughts aloud. Importantly, we prioritize User privacy, ensuring that we do not store any voice/speech data. The voice transcription functionality not only guarantees accurate conversion but also supports multiple languages, enhancing accessibility to our mental health support for Users worldwide.
The personal information collected through both typing and voice-to-text features is crucial for the ongoing development and enhancement of our AI model. This process involves using the collected data to train the AI, enabling it to understand and process human language more effectively. This continuous improvement cycle ensures that the Platform remains efficient, User-friendly, and capable of providing a high-quality User experience.
We are deeply committed to protecting your privacy. As outlined in our Privacy Policy, the information collected is used exclusively for the purposes mentioned above and is not used for any other reasons. All data collected through our Platform is completely anonymized. This means that any information used for training the AI model is removed of identifiers that could link it back to a User. This approach ensures that your personal experiences, thoughts, and expressions remain private and secure, while still contributing to the overall improvement of the Platform's capabilities.
The Platform also offers a comprehensive mental well-being tracker. This feature enables Users to document and monitor their emotional states over time. By analysing these patterns, the Platform provides valuable insights into the Users' mental health, facilitating a better understanding of their emotional well-being.
In the corporate realm, the Platform takes a significant step by focusing on workplace mental health. The Platform aids organizations in tracking employee mental health. It provides a 'company happiness map', identifying challenges employees face and promoting a supportive work environment.
While the Platform’s AI-driven insights aim to help in the understanding and monitoring of a User's mental well-being, these should not be mistaken for a professional medical evaluation. The Platform's analysis, while insightful, is not equipped to serve as a diagnosis or an indication of a specific mental health condition. Users are strongly encouraged to consult with qualified healthcare professionals for any concerns or symptoms they may experience as a healthcare professional can provide comprehensive care and advice tailored to the User’s needs.
Further, it's important for the User’s to acknowledge the limitations of the Platform's feedback accuracy. The effectiveness of the Platform’s feedback largely depends on the quality and completeness of the information provided by the User. Inaccuracies or omissions in journal entries could lead to less precise insights. Users must understand that while the Platform is a helpful tool for self-reflection and emotional exploration, the responsibility for the accuracy of the information shared and the interpretation of the feedback rests with them.
The Platform offers a unique blend of AI-driven support and User-driven data to enhance understanding of personal emotional states. However, it is not an alternative to the critical and personalized care provided by mental health professionals. The Platform serves as a bridge towards greater self-awareness and understanding, not as a definitive solution for mental health issues.
Registration
Signing Up on Our Platform:
Users, as may be approved by the Platform shall have the right to use the Service provided by the Platform.
To register on Our Platform, Users must sign up using either their email or mobile number, along with additional details such as a username and password, if applicable. The registration details provided by the User are utilized to generate an anonymized User profile. When interacting with the backend, the User Information is transmitted in an anonymized manner, ensuring that no traceability is associated with the Information.
To learn more about how the User’s identity is protected on the Platform, please refer to our Privacy Policy.
The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User must take appropriate measures to secure the devices and browser they use to prevent unauthorized access to their account.
By registering, the User acknowledges that Platform will process their data in accordance with the Privacy Policy. We are committed to protecting the personal information of the Users and ensuring that the data is used solely for the purpose of facilitating and improving Our Services.
Any registration details which the Company identifies as untrue or misleading shall grant the Company the right to terminate the use of Platform for such User with an immediate effect.
Conditions of Registering:
To register on the Platform, the User must be at least 18 (eighteen) years old. By registering on the Platform, or accepting this Agreement, the User affirms that it is 18 years of age or older and possesses the legal right, authority and capacity to use the Services offered by Platform.
If a User is registering an account on behalf of its employees or members, the User must have obtained the employee’s or member’s explicit consent to do so. By registering them, the User agrees to be bound by the terms of this Agreement on behalf of that registered employee or member.
The User may use the Platform in accordance with the terms of this Agreement and the Privacy Policy.
The Company may at any time, with or without notice, revise any of the features and functions that it provides in its Platform, including removing such features and functions completely.
The Company reserves the right to integrate the Platform with any Third-Party Application to provide any additional services as it may deem fit.
Acceptance
THE USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF SERVICE, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY ITS TERMS. THE PERSON ACCEPTING THIS AGREEMENT ON THE USER’S BEHALF THROUGH PLATFORM’S REGISTRATION PROCESS REPRESENTS THAT IT HAS THE AUTHORITY TO BIND THE USER TO THESE TERMS OF SERVICE. THE USER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT HAVE TO BE SIGNED IN ORDER TO BE BINDING. THE USER WILL HAVE INDICATED ITS ASSENT TO THE TERMS OF THE AGREEMENT BY CLICKING ON THE "REGISTER" OR SIMILAR BUTTON THAT IS PRESENTED TO THE USER AT THE TIME OF THE OPENING OF AN ACCOUNT WITH THE COMPANY.
BY USING ANY OF THE SERVICES OF THE COMPANY., YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT, PLEASE REFRAIN FROM USING OUR WEBSITE OR SERVICES
Terms of payment
The Platform offers Users three distinct payment options to cater to different preferences and needs. The first option, which is free, provides limited access to the Platform’s features and does not include access to analytics. For those seeking greater functionality, the second choice involves a monthly subscription fee of USD 9.99, granting unrestricted access to all features of the Platform. Alternatively, Users can opt for the third option, which involves a yearly payment of USD 99.99, offering the same comprehensive access.
USER’S RESPONSIBILITY AND RESTRICTIONS
The User agrees it shall not:
Misuse the Platform or authorise any third party to do so;
Provide Platform credentials to any third party and enable them to access or derive benefits out of the Platform;
Access the Platform in order to build a similar or competitive product or service, take or copy ideas from Empaithy™ Brand including but not limited to graphics, designs, features and functions;
Collect, store and/or identify private or personal information of any User or person;
Facilitate personal attacks on other individuals or groups of people;
Upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Company deems in its sole discretion inappropriate for the Website;
Impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
Stalk or otherwise harass another User;
Upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
Upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
Upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters or any other form of solicitation;
Upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or the website; and
Violate any applicable national or international laws or regulations.
As a pre-condition to use the Platform, the User agrees not to use the Platform for any purposes that are prohibited under this Agreement, including not allowing any third party to:
Engage in illegal, deceptive, or fraudulent activities, or distribute harmful or offensive content;
Violate any rights, including privacy or intellectual property rights;
Conduct unauthorized commercial activities or advertising;
Upload harmful or malicious codes intended to disrupt or damage software or hardware functionality, or gain unauthorized access to systems or data;
Interfere with other Users’ use of the Platform, or modify, delete, or misuse data related to any User of the Platform.
Violate any other right of any person or entity, or any law or contractual obligation;
Reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Platform; and
Changes, modifies, deletes, interferes with or misuses data contained on Platform and entered by or relating to any third-party User of Our Platform.
In the event of a breach or where it is suspected that there is a breach of Section 8.1 and 8.2, the Company may suspend the User’s access to the Platform and delete the User Data, with or without advance notice and without prejudice to the other remedies that Company may have.
The User shall take all reasonable steps to prevent unauthorized access to the Platform including but not limited to protecting the passwords and other login credentials.
The User shall notify the Company of any suspected unauthorized use of the Platform immediately or as soon as reasonably possible and shall use reasonable means to stop the said breach.
USER DATA AND PRIVACY
The Platform employs a comprehensive approach to User confidentiality. While Users register with a username and password, they are only represented by a unique code in our database, maintaining their privacy. Users use identity credentials for sign-in and recovery, and the system identifies them using encrypted identities. The algorithm processes data into quantifiable variables for analysis, running a privacy check to filter out personal identifiers, ensuring that User conversations are stored without private information.
In adherence to our commitment to User privacy, it is important for Users to carefully review and familiarize themselves with the details outlined in Our Privacy Policy, available at https://empaithy.com/privacy-policy. These terms highlight the manner of data collection, mentioning the how, whys, and types of data we gather from Users, providing insights into the purposes behind data collection and the circumstances under which it may be disclosed, always subject to the User's explicit consent. It is essential to highlight that the collection of data serves as a fundamental requirement for delivering the full scope of Services available on our Platform.
We strictly adhere to the principle governing our interaction with User Data. Our approach is defined by a commitment to refrain from accessing, processing, or utilizing User Data beyond the scope necessary for the operation, performance, and facilitation of the Platform. Our primary objectives are centred around providing services and continually enhancing the overall User experience on the Platform.
Users acknowledge and recognize the inherent risks associated with hosting data online, including potential unauthorized disclosure, manipulation, and deletion of Data. We make no explicit representation, warranty, or guarantee that User Data will remain undisclosed, as there exists the possibility of exposure or disclosure due to errors or the actions of third parties. However, it is important to emphasize that all Data collected is anonymized, ensuring that it cannot be employed to identify the User.
Further, the Company retains the right, with or without prior notice, to permanently erase User Data in the event that the User's account is delinquent, suspended, or terminated, with such a status persisting for a period exceeding 30 days. Users are strictly prohibited from uploading or transmitting any data on the Platform that falls under a higher degree of protection as stipulated by applicable laws. It is important to highlight that all data collected is anonymized and cannot be utilized to identify the User.
We take the privacy and safety of our users very seriously. We want to assure you that your information is treated with the utmost confidentiality. However, in the interest of safeguarding Users and the community, it is important to note that we reserve the right to disclose your information to the relevant legal authorities if, based on the data input by you on the Platform, we have reasonable grounds to believe that you may pose a risk of harm to yourself, a third party, or if there is a suspicion of criminal activity. This measure is implemented to prioritize the well-being and security of all Users and the public. We are committed to maintaining a secure and responsible environment for our community members and complying with Applicable Laws and regulations.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS.
This Platform may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following (i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents (iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer (v) Conduct or forward surveys, contests, or chain letters (vi) Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Us, and such communications shall not be considered reviewed, screened, or approved by Us. We reserve the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings without notification.
In no event shall the Platform be held responsible for any Posts nor does the Platform represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Platform be liable for any loss or damages resulting from their use and/or appearance on the Platform.
By providing a Post to the Platform, you undertake, represent and warrant to the Platform that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant Us and our associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
We will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Platform generally, in any manner that We may determine, in its sole discretion, at any time. Although We endeavour to periodically monitor the content posted on the Platform, the Platform will not be responsible for the views or opinions expressed by third parties on the Platform.
You agree that you will not use any Post and/or any part or all of our Platform in contravention of Clause 7 of these Terms.
You further agree that you may use the Platform for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third party business activity.
INTELLECTUAL PROPERTY RIGHTS
Company retains all titles, rights and interests in and to the Platform including, but not limited to all software and applications used to provide and operate the Platform, including any source code, artwork, media, improvements, enhancements, updates, modifications or derivative works thereof, whether patentable or not.
The content available on the Platform, including but not limited to, AI-generated responses, User interactions, software, photographs, written content, images, graphics, audio, logos, video clips, and animations, is the exclusive property of the Company, its partners, licensors, and assignees. This content is protected under applicable intellectual property laws.
Users are prohibited from publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, publicly performing, or publicly displaying any of the materials or content on the Platform, in whole or in part, without obtaining prior written consent from the Company.
For permissions regarding modifying, publishing, transmitting, reproducing, creating derivative works from, or publicly displaying any materials or content on the Platform, Users must contact support@empaithy.com.
Company also owns and retain all right, title, and interest in and to the Empaithy™ Brand.
RIGHT TO CANCELLATION
The User expressly undertakes to provide to the Company only correct and valid information while accessing the Platform and not make any misrepresentation of facts. Any default on part of the User would vitiate this Agreement and shall disentitle the User from availing the Services from Us.
In case the Company discovers or has reasons to believe at any time during or after receiving a request for Services from the User that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by the User, the Company, in its sole discretion, shall have the unrestricted right to take any steps against the User(s), including blacklisting that User from the Platform and permanently terminating the User’s account.
The User unequivocally indemnifies and holds harmless the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding Our own interest and that of Our other Users.
INDEMNITY
The User agrees to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Platform, including without limitation any obligation to be performed by You pursuant to this Terms. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Platform, any claim arising out of damage caused to a third party by You, breach of this Terms by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold the Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
USERS SHOULD BE AWARE THAT THE CONTENT AND SERVICES OFFERED BY THE PLATFORM ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT. WE STRONGLY ADVISE SEEKING THE GUIDANCE OF QUALIFIED HEALTH PROFESSIONALS FOR ANY MEDICAL OR MENTAL HEALTH CONCERNS, AS OUR PLATFORM IS DESIGNED TO SUPPORT, NOT SUBSTITUTE, PROFESSIONAL HEALTHCARE.
THIRD PARTY SERVICES AND WEBSITES
The Platform may feature links to external websites or platforms, which are not under the control of the Company. These external sites have their own Terms and privacy policies. When Users access these external sites through links on Our Platform, they leave the Platform’s servers and are subject to the terms and conditions of the respective external website or Platform. We strongly advise Users to review the terms and conditions of these external sites before engaging in any transactions or activities
The Company does not endorse, approve, or verify the content available on these external websites or Platforms. The inclusion of any third-party content or links on our Platform should not be interpreted as an endorsement by Us of that content, website, or Platform.
COMPATIBLE DEVICES AND USE OF OPEN AI’S API
In order to be able view content on and use the Platform, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This mobile application is available to handheld mobile devices running Android OS or iOS operating systems. We will use reasonable efforts to make the application available at all times. However, You acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside our reasonable control.
We do not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Platform being unavailable. We will not be responsible for any support or maintenance for the Platform.
In order to use the Platform, you are required to have a computer, compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The version of the Platform software may be upgraded from time to time to add support for new functions and Services.
Our platform elevates User experience by incorporating advanced AI processing capabilities through Open AI’s API. While using the cutting-edge technology provided by Open AI, we employ Our unique inputs, fine-tuning processes, and data retrieval methods to tailor Our Services.
Regarding Open AI’s data usage policy for API clients, it is important to note that Open AI does not utilize the data transmitted through the API to enhance their models. The data shared through our Platform during interactions with AI functionalities is not utilized by Open AI for training their AI models.
Both Open AI and Our Platform have implemented robust security measures to safeguard the integrity and confidentiality of User Information. In accordance with Data Protection Regulations, We ensure that any data/Information handling through Open AI’s API adheres to the highest standards of data privacy. Additionally, We provide mechanisms for Users to effectively manage their Information on Our Platform.
While utilizing Open AI’s API, we strictly adhere to their terms and conditions. We encourage users to thoroughly review Open AI’s terms and conditions for a comprehensive understanding.
It is important to acknowledge that, despite Our efforts to optimize AI capabilities on Our Platform, the accuracy of AI-generated content cannot be guaranteed. Therefore, Users are advised to exercise judgment and discretion in their interactions with the Platform
GOVERNING LAW
The Laws of India shall govern these Terms, without regard to principles of conflicts of law. The Courts at New Delhi, India shall have exclusive jurisdiction to deal with any dispute that may arise out of these Terms.
DISPUTE RESOLUTION
Any dispute between the User and the Company shall be resolved through amicable discussion between the parties. If the dispute is not resolved through amicable discussion between the parties within a period of 30 (thirty) days, the dispute shall be resolved through arbitration in accordance with Arbitration & Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator and the venue of the arbitration shall be New Delhi, India. The arbitration shall be conducted in the English language.
INTERPRETATION
Headings are for convenience only and shall not be used to construe the terms of this Agreement.
SEVERABILITY
If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term shall be severed from this Agreement and the remaining term shall remain intact as it is.
ENTIRE AGREEMENT
By accessing or using the Services on the Platform, you irrevocably agree to all the conditions stated in this Agreement, including the Privacy Policy. This Agreement supersedes any previous agreements communicated to you.
WAIVER
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorised representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
AMENDMENTS
The Platform may amend this Agreement from time to time by posting an amended version of this Agreement on its Platform. User’s continued use of the Platform after such amendment shall confirm User’s consent thereto
FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to any event beyond the reasonable control of the Company or its affiliates, which prevents or substantially hinders the performance of its obligations under this Agreement. This includes, but is not limited to, natural disasters (such as earthquakes, hurricanes, floods, and wildfires), acts of terrorism, civil unrest, war, strikes, labour disputes, epidemics, pandemics, governmental actions or restrictions, national or regional emergencies, and interruptions or failure of utility services (including but not limited to electricity, telecommunications or internet services).
Grievance Officer
If You have any questions or concerns with respect to this Terms or the Platform or any information contained thereon, You may contact Us by writing to Us at.
To, Grievance Officer
E-mail ID: support@empaithy.com
Address: New Delhi
Terms of Service
This Terms of Service (hereinafter “Agreement”, “Terms”) governs the use of the Platform owned and operated by VeriScript Private Limited, a Company incorporated under the provisions of Companies Act, 2013 and having registered address at 7/20 Industrial Area, Kirti Nagar - 110015, West Delhi, NEW DELHI, Delhi, India, 110015 (hereinafter “Company”, “empaithy™”, “We”, “Us”, “Our”).
This Agreement is prepared in compliance with Section 43A of the Information Technology Act, 2000 & Rule 3 of Information Technology (Intermediary Guidelines) Rules, 2011.
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The User is required to read this Agreement, the Cookie Policy and the Privacy Policy carefully and agree to the terms stated herein before accessing the website or continuing with the use of the Services of the Company. These Terms constitute a legal and binding agreement between the Company and the User of the Platform and becomes effective on the date the User Empaithy.com or downloads the mobile application of the Company ‘Empaithy™ .’
This Agreement sets forth the Terms under which you are authorized to use the Platform and details the management of your account with Us. Should you have any questions or need further clarification regarding the use of the Platform, please feel free to reach out to us at support@empiathy.com.
Definitions
"Company” shall mean VeriScript Private Limited;n.
“Empaithy™” shall mean and refers to any/all logos, signs, symbols, designs, icons, terms, product names, brand names, trademarks, wordmarks, copyrights owned or under application process for registration anywhere in the world by the Company including content in text, images, audio, video formats in any language used on websites, portals, products owned or published by the Company and all promotional materials and content used by the Company for marketing, advertising, business promotion, sales or public relations; in either printed or machine-readable form, whether or not copyrightable or patentable;
“Intellectual Property Rights” shall mean and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, source codes, object codes, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, images, audio, video, software programs, data, documents, instruction manuals, records, memoranda, notes, User guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments;
“Platform” shall mean the website located at Empaithy.com and the mobile application named
“Empaithy™” owned, operated and managed by the Company;
“Privacy Policy” shall mean the privacy policy located at Empaithy.com.;
“Services” shall mean the services offered by the Company / the Platform;
“Third Party Application” means any application or service developed by any person, firm, company or entity other than the Company;
“User” shall mean any individual that is competent to contract as per the provisions of the Indian Contract Act, 1872 and includes every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India; and
“User Data” shall mean electronic or digital content, data and information input into the Platform by the User or collected through the Platform by the Company.
Applicability of terms
This Agreement applies to:
Individuals who are seeking mental wellbeing support, guidance, or information through the Platform; and
Any other individuals or entities who access or interact with the Platform for various purposes.
In addition to the defined terms associated with specific class of persons as mentioned in Clause 2.1.1, 2.1.2 any reference to the terms “you” or “User” shall deemed to be a reference to each of the persons mentioned in this Clauses 2.1.1 and 2.1.2.
Platform
The Platform is an innovative product dedicated to enabling Users to track and enhance their emotional intelligence. This commitment extends to promoting personal growth, healthier workplaces, and ultimately contributing to a more empathetic global community. At the core of this mission, the Platform utilizes a proprietary, privately-trained Large Language Model (LLM) to analyse securely compiled data. This LLM generates insightful patterns and trends about the User's emotional state and overall mental well-being, providing Users with valuable insights to foster personal development and well-rounded emotional intelligence.
At the core of the Platform lies its AI-driven emotional support system. This sophisticated AI not only possesses in-depth knowledge of mental health but also excels in engaging Users through meaningful dialogues. It plays a pivotal role in helping Users gain deeper insights into their emotional states and concerns, addressing questions and identifying emotional patterns for enhanced self-awareness. Moreover, the Platform empowers Users by granting them complete control over their data. Users can use this data for self-improvement or share it with mental health professionals, employers, and other relevant parties, ensuring personal autonomy and privacy. This commitment to User control promotes a sense of agency, allowing individuals to navigate their emotional well-being journey on their terms while maintaining the utmost privacy and confidentiality.
One of the Platform's distinctive features is micro-journaling. This innovative approach to journaling allows Users to record their thoughts and feelings making the process more accessible and User-friendly. By capturing these reflections, the Platform enhances the Users' ability to express and understand their emotional journeys.
Our Platform offers two distinct methods to record your entries:
Text Entry: For those who prefer the traditional way of journaling, our Platform offers a straightforward typing interface. You can type your journal entries at your own pace, giving you the opportunity to reflect and articulate your thoughts and experiences in written form.
Voice-to-Text: In today's fast-paced world, where convenience is paramount, our Platform offers a cutting-edge voice-to-text feature. This User-friendly tool allows individuals to effortlessly convert spoken words into written text by simply articulating their thoughts aloud. Importantly, we prioritize User privacy, ensuring that we do not store any voice/speech data. The voice transcription functionality not only guarantees accurate conversion but also supports multiple languages, enhancing accessibility to our mental health support for Users worldwide.
The personal information collected through both typing and voice-to-text features is crucial for the ongoing development and enhancement of our AI model. This process involves using the collected data to train the AI, enabling it to understand and process human language more effectively. This continuous improvement cycle ensures that the Platform remains efficient, User-friendly, and capable of providing a high-quality User experience.
We are deeply committed to protecting your privacy. As outlined in our Privacy Policy, the information collected is used exclusively for the purposes mentioned above and is not used for any other reasons. All data collected through our Platform is completely anonymized. This means that any information used for training the AI model is removed of identifiers that could link it back to a User. This approach ensures that your personal experiences, thoughts, and expressions remain private and secure, while still contributing to the overall improvement of the Platform's capabilities.
The Platform also offers a comprehensive mental well-being tracker. This feature enables Users to document and monitor their emotional states over time. By analysing these patterns, the Platform provides valuable insights into the Users' mental health, facilitating a better understanding of their emotional well-being.
In the corporate realm, the Platform takes a significant step by focusing on workplace mental health. The Platform aids organizations in tracking employee mental health. It provides a 'company happiness map', identifying challenges employees face and promoting a supportive work environment.
While the Platform’s AI-driven insights aim to help in the understanding and monitoring of a User's mental well-being, these should not be mistaken for a professional medical evaluation. The Platform's analysis, while insightful, is not equipped to serve as a diagnosis or an indication of a specific mental health condition. Users are strongly encouraged to consult with qualified healthcare professionals for any concerns or symptoms they may experience as a healthcare professional can provide comprehensive care and advice tailored to the User’s needs.
Further, it's important for the User’s to acknowledge the limitations of the Platform's feedback accuracy. The effectiveness of the Platform’s feedback largely depends on the quality and completeness of the information provided by the User. Inaccuracies or omissions in journal entries could lead to less precise insights. Users must understand that while the Platform is a helpful tool for self-reflection and emotional exploration, the responsibility for the accuracy of the information shared and the interpretation of the feedback rests with them.
The Platform offers a unique blend of AI-driven support and User-driven data to enhance understanding of personal emotional states. However, it is not an alternative to the critical and personalized care provided by mental health professionals. The Platform serves as a bridge towards greater self-awareness and understanding, not as a definitive solution for mental health issues.
Registration
Signing Up on Our Platform:
Users, as may be approved by the Platform shall have the right to use the Service provided by the Platform.
To register on Our Platform, Users must sign up using either their email or mobile number, along with additional details such as a username and password, if applicable. The registration details provided by the User are utilized to generate an anonymized User profile. When interacting with the backend, the User Information is transmitted in an anonymized manner, ensuring that no traceability is associated with the Information.
To learn more about how the User’s identity is protected on the Platform, please refer to our Privacy Policy.
The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User must take appropriate measures to secure the devices and browser they use to prevent unauthorized access to their account.
By registering, the User acknowledges that Platform will process their data in accordance with the Privacy Policy. We are committed to protecting the personal information of the Users and ensuring that the data is used solely for the purpose of facilitating and improving Our Services.
Any registration details which the Company identifies as untrue or misleading shall grant the Company the right to terminate the use of Platform for such User with an immediate effect.
Conditions of Registering:
To register on the Platform, the User must be at least 18 (eighteen) years old. By registering on the Platform, or accepting this Agreement, the User affirms that it is 18 years of age or older and possesses the legal right, authority and capacity to use the Services offered by Platform.
If a User is registering an account on behalf of its employees or members, the User must have obtained the employee’s or member’s explicit consent to do so. By registering them, the User agrees to be bound by the terms of this Agreement on behalf of that registered employee or member.
The User may use the Platform in accordance with the terms of this Agreement and the Privacy Policy.
The Company may at any time, with or without notice, revise any of the features and functions that it provides in its Platform, including removing such features and functions completely.
The Company reserves the right to integrate the Platform with any Third-Party Application to provide any additional services as it may deem fit.
Acceptance
THE USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF SERVICE, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY ITS TERMS. THE PERSON ACCEPTING THIS AGREEMENT ON THE USER’S BEHALF THROUGH PLATFORM’S REGISTRATION PROCESS REPRESENTS THAT IT HAS THE AUTHORITY TO BIND THE USER TO THESE TERMS OF SERVICE. THE USER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT HAVE TO BE SIGNED IN ORDER TO BE BINDING. THE USER WILL HAVE INDICATED ITS ASSENT TO THE TERMS OF THE AGREEMENT BY CLICKING ON THE "REGISTER" OR SIMILAR BUTTON THAT IS PRESENTED TO THE USER AT THE TIME OF THE OPENING OF AN ACCOUNT WITH THE COMPANY.
BY USING ANY OF THE SERVICES OF THE COMPANY., YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT, PLEASE REFRAIN FROM USING OUR WEBSITE OR SERVICES
Terms of payment
The Platform offers Users three distinct payment options to cater to different preferences and needs. The first option, which is free, provides limited access to the Platform’s features and does not include access to analytics. For those seeking greater functionality, the second choice involves a monthly subscription fee of USD 9.99, granting unrestricted access to all features of the Platform. Alternatively, Users can opt for the third option, which involves a yearly payment of USD 99.99, offering the same comprehensive access.
USER’S RESPONSIBILITY AND RESTRICTIONS
The User agrees it shall not:
Misuse the Platform or authorise any third party to do so;
Provide Platform credentials to any third party and enable them to access or derive benefits out of the Platform;
Access the Platform in order to build a similar or competitive product or service, take or copy ideas from Empaithy™ Brand including but not limited to graphics, designs, features and functions;
Collect, store and/or identify private or personal information of any User or person;
Facilitate personal attacks on other individuals or groups of people;
Upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Company deems in its sole discretion inappropriate for the Website;
Impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
Stalk or otherwise harass another User;
Upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
Upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
Upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters or any other form of solicitation;
Upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or the website; and
Violate any applicable national or international laws or regulations.
As a pre-condition to use the Platform, the User agrees not to use the Platform for any purposes that are prohibited under this Agreement, including not allowing any third party to:
Engage in illegal, deceptive, or fraudulent activities, or distribute harmful or offensive content;
Violate any rights, including privacy or intellectual property rights;
Conduct unauthorized commercial activities or advertising;
Upload harmful or malicious codes intended to disrupt or damage software or hardware functionality, or gain unauthorized access to systems or data;
Interfere with other Users’ use of the Platform, or modify, delete, or misuse data related to any User of the Platform.
Violate any other right of any person or entity, or any law or contractual obligation;
Reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Platform; and
Changes, modifies, deletes, interferes with or misuses data contained on Platform and entered by or relating to any third-party User of Our Platform.
In the event of a breach or where it is suspected that there is a breach of Section 8.1 and 8.2, the Company may suspend the User’s access to the Platform and delete the User Data, with or without advance notice and without prejudice to the other remedies that Company may have.
The User shall take all reasonable steps to prevent unauthorized access to the Platform including but not limited to protecting the passwords and other login credentials.
The User shall notify the Company of any suspected unauthorized use of the Platform immediately or as soon as reasonably possible and shall use reasonable means to stop the said breach.
USER DATA AND PRIVACY
The Platform employs a comprehensive approach to User confidentiality. While Users register with a username and password, they are only represented by a unique code in our database, maintaining their privacy. Users use identity credentials for sign-in and recovery, and the system identifies them using encrypted identities. The algorithm processes data into quantifiable variables for analysis, running a privacy check to filter out personal identifiers, ensuring that User conversations are stored without private information.
In adherence to our commitment to User privacy, it is important for Users to carefully review and familiarize themselves with the details outlined in Our Privacy Policy, available at https://empaithy.com/privacy-policy. These terms highlight the manner of data collection, mentioning the how, whys, and types of data we gather from Users, providing insights into the purposes behind data collection and the circumstances under which it may be disclosed, always subject to the User's explicit consent. It is essential to highlight that the collection of data serves as a fundamental requirement for delivering the full scope of Services available on our Platform.
We strictly adhere to the principle governing our interaction with User Data. Our approach is defined by a commitment to refrain from accessing, processing, or utilizing User Data beyond the scope necessary for the operation, performance, and facilitation of the Platform. Our primary objectives are centred around providing services and continually enhancing the overall User experience on the Platform.
Users acknowledge and recognize the inherent risks associated with hosting data online, including potential unauthorized disclosure, manipulation, and deletion of Data. We make no explicit representation, warranty, or guarantee that User Data will remain undisclosed, as there exists the possibility of exposure or disclosure due to errors or the actions of third parties. However, it is important to emphasize that all Data collected is anonymized, ensuring that it cannot be employed to identify the User.
Further, the Company retains the right, with or without prior notice, to permanently erase User Data in the event that the User's account is delinquent, suspended, or terminated, with such a status persisting for a period exceeding 30 days. Users are strictly prohibited from uploading or transmitting any data on the Platform that falls under a higher degree of protection as stipulated by applicable laws. It is important to highlight that all data collected is anonymized and cannot be utilized to identify the User.
We take the privacy and safety of our users very seriously. We want to assure you that your information is treated with the utmost confidentiality. However, in the interest of safeguarding Users and the community, it is important to note that we reserve the right to disclose your information to the relevant legal authorities if, based on the data input by you on the Platform, we have reasonable grounds to believe that you may pose a risk of harm to yourself, a third party, or if there is a suspicion of criminal activity. This measure is implemented to prioritize the well-being and security of all Users and the public. We are committed to maintaining a secure and responsible environment for our community members and complying with Applicable Laws and regulations.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS.
This Platform may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following (i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents (iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer (v) Conduct or forward surveys, contests, or chain letters (vi) Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Us, and such communications shall not be considered reviewed, screened, or approved by Us. We reserve the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings without notification.
In no event shall the Platform be held responsible for any Posts nor does the Platform represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Platform be liable for any loss or damages resulting from their use and/or appearance on the Platform.
By providing a Post to the Platform, you undertake, represent and warrant to the Platform that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant Us and our associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
We will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Platform generally, in any manner that We may determine, in its sole discretion, at any time. Although We endeavour to periodically monitor the content posted on the Platform, the Platform will not be responsible for the views or opinions expressed by third parties on the Platform.
You agree that you will not use any Post and/or any part or all of our Platform in contravention of Clause 7 of these Terms.
You further agree that you may use the Platform for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third party business activity.
INTELLECTUAL PROPERTY RIGHTS
Company retains all titles, rights and interests in and to the Platform including, but not limited to all software and applications used to provide and operate the Platform, including any source code, artwork, media, improvements, enhancements, updates, modifications or derivative works thereof, whether patentable or not.
The content available on the Platform, including but not limited to, AI-generated responses, User interactions, software, photographs, written content, images, graphics, audio, logos, video clips, and animations, is the exclusive property of the Company, its partners, licensors, and assignees. This content is protected under applicable intellectual property laws.
Users are prohibited from publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, publicly performing, or publicly displaying any of the materials or content on the Platform, in whole or in part, without obtaining prior written consent from the Company.
For permissions regarding modifying, publishing, transmitting, reproducing, creating derivative works from, or publicly displaying any materials or content on the Platform, Users must contact support@empaithy.com.
Company also owns and retain all right, title, and interest in and to the Empaithy™ Brand.
RIGHT TO CANCELLATION
The User expressly undertakes to provide to the Company only correct and valid information while accessing the Platform and not make any misrepresentation of facts. Any default on part of the User would vitiate this Agreement and shall disentitle the User from availing the Services from Us.
In case the Company discovers or has reasons to believe at any time during or after receiving a request for Services from the User that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by the User, the Company, in its sole discretion, shall have the unrestricted right to take any steps against the User(s), including blacklisting that User from the Platform and permanently terminating the User’s account.
The User unequivocally indemnifies and holds harmless the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding Our own interest and that of Our other Users.
INDEMNITY
The User agrees to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Platform, including without limitation any obligation to be performed by You pursuant to this Terms. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Platform, any claim arising out of damage caused to a third party by You, breach of this Terms by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold the Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
USERS SHOULD BE AWARE THAT THE CONTENT AND SERVICES OFFERED BY THE PLATFORM ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT. WE STRONGLY ADVISE SEEKING THE GUIDANCE OF QUALIFIED HEALTH PROFESSIONALS FOR ANY MEDICAL OR MENTAL HEALTH CONCERNS, AS OUR PLATFORM IS DESIGNED TO SUPPORT, NOT SUBSTITUTE, PROFESSIONAL HEALTHCARE.
THIRD PARTY SERVICES AND WEBSITES
The Platform may feature links to external websites or platforms, which are not under the control of the Company. These external sites have their own Terms and privacy policies. When Users access these external sites through links on Our Platform, they leave the Platform’s servers and are subject to the terms and conditions of the respective external website or Platform. We strongly advise Users to review the terms and conditions of these external sites before engaging in any transactions or activities
The Company does not endorse, approve, or verify the content available on these external websites or Platforms. The inclusion of any third-party content or links on our Platform should not be interpreted as an endorsement by Us of that content, website, or Platform.
COMPATIBLE DEVICES AND USE OF OPEN AI’S API
In order to be able view content on and use the Platform, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This mobile application is available to handheld mobile devices running Android OS or iOS operating systems. We will use reasonable efforts to make the application available at all times. However, You acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside our reasonable control.
We do not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Platform being unavailable. We will not be responsible for any support or maintenance for the Platform.
In order to use the Platform, you are required to have a computer, compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The version of the Platform software may be upgraded from time to time to add support for new functions and Services.
Our platform elevates User experience by incorporating advanced AI processing capabilities through Open AI’s API. While using the cutting-edge technology provided by Open AI, we employ Our unique inputs, fine-tuning processes, and data retrieval methods to tailor Our Services.
Regarding Open AI’s data usage policy for API clients, it is important to note that Open AI does not utilize the data transmitted through the API to enhance their models. The data shared through our Platform during interactions with AI functionalities is not utilized by Open AI for training their AI models.
Both Open AI and Our Platform have implemented robust security measures to safeguard the integrity and confidentiality of User Information. In accordance with Data Protection Regulations, We ensure that any data/Information handling through Open AI’s API adheres to the highest standards of data privacy. Additionally, We provide mechanisms for Users to effectively manage their Information on Our Platform.
While utilizing Open AI’s API, we strictly adhere to their terms and conditions. We encourage users to thoroughly review Open AI’s terms and conditions for a comprehensive understanding.
It is important to acknowledge that, despite Our efforts to optimize AI capabilities on Our Platform, the accuracy of AI-generated content cannot be guaranteed. Therefore, Users are advised to exercise judgment and discretion in their interactions with the Platform
GOVERNING LAW
The Laws of India shall govern these Terms, without regard to principles of conflicts of law. The Courts at New Delhi, India shall have exclusive jurisdiction to deal with any dispute that may arise out of these Terms.
DISPUTE RESOLUTION
Any dispute between the User and the Company shall be resolved through amicable discussion between the parties. If the dispute is not resolved through amicable discussion between the parties within a period of 30 (thirty) days, the dispute shall be resolved through arbitration in accordance with Arbitration & Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator and the venue of the arbitration shall be New Delhi, India. The arbitration shall be conducted in the English language.
INTERPRETATION
Headings are for convenience only and shall not be used to construe the terms of this Agreement.
SEVERABILITY
If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term shall be severed from this Agreement and the remaining term shall remain intact as it is.
ENTIRE AGREEMENT
By accessing or using the Services on the Platform, you irrevocably agree to all the conditions stated in this Agreement, including the Privacy Policy. This Agreement supersedes any previous agreements communicated to you.
WAIVER
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorised representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
AMENDMENTS
The Platform may amend this Agreement from time to time by posting an amended version of this Agreement on its Platform. User’s continued use of the Platform after such amendment shall confirm User’s consent thereto
FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to any event beyond the reasonable control of the Company or its affiliates, which prevents or substantially hinders the performance of its obligations under this Agreement. This includes, but is not limited to, natural disasters (such as earthquakes, hurricanes, floods, and wildfires), acts of terrorism, civil unrest, war, strikes, labour disputes, epidemics, pandemics, governmental actions or restrictions, national or regional emergencies, and interruptions or failure of utility services (including but not limited to electricity, telecommunications or internet services).
Grievance Officer
If You have any questions or concerns with respect to this Terms or the Platform or any information contained thereon, You may contact Us by writing to Us at.
To, Grievance Officer
E-mail ID: support@empaithy.com
Address: New Delhi