Please be informed that, as a User, You are using Our services and
hence place Your trust in Us. Therefore, it becomes pertinent that We
are able to provide You with quality services with minimal effort. We
endeavour to ensure that every User experience is smooth and
hassle-free. These Terms and Conditions of Use guide User behaviour
and, in the process, lay down certain parameters and guidelines which
would be beneficial to both You and Us.
Viable Dreams, a sole proprietorship established under the laws of
India and conducting its business inter alia under the brand name
“Hepatify”, is involved in the business of providing
technology-enabled information, learning, and educational services in
the healthcare and medical education sector.
These Terms and Conditions of Use, hereinafter referred to as “Terms
of Use”, pertain to the services made available at
https://www.hepatify.com, hereinafter referred to as “Hepatify Website”, and any equivalent
Hepatify mobile application, hereinafter referred to as “Hepatify
App”, whether made available now or in the future. The Hepatify App
and Hepatify Website, on which the services are availed, shall
hereinafter collectively be referred to as “Platform”. We request You
to read these Terms of Use thoroughly before using the Platform, as
they govern Your use of the Platform and any other applications,
products, websites, content, features, and services owned, operated,
or managed by Viable Dreams.
These Terms of Use shall be read together with Our Privacy Policy,
Refund Policy, and any other policies, rules, guidelines, or legal
notices published by Us on the Platform from time to time,
collectively referred to as the “Platform Terms”. By accessing or
using the Platform or Services, You agree to be bound by the Platform
Terms. For the purpose of these Terms of Use, wherever the context so
requires, “Your”, “You”, “Yourself”, or “User” shall mean any natural
or legal person who browses, accesses, registers on, subscribes to, or
uses the Platform or has agreed to become a subscriber to the services
on the Platform by providing login credentials while registering on
the Platform as a Subscribed User, as defined in Clause 2.1. The terms
“We”, “Us”, and “Our” shall mean Viable Dreams, operating inter alia
under the brand name “Hepatify”. We reserve the right to amend,
modify, update, or replace these Terms of Use at any time, which shall
be updated on this link or such other appropriate section of the
Platform. Hence, We recommend that You regularly access these Terms of
Use so that You are always aware of the latest terms. In case of any
material changes or updates, We may endeavour to notify You of such
changes at the earliest, where reasonably practicable. Nevertheless,
please ensure that You read these Terms of Use and any updated version
thereof before proceeding to use the Platform or the Services, as the
case may be. These Terms of Use are subject to amendment without prior
notice, and it is Your duty to remain apprised of the same. These
Terms of Use apply solely to this Platform. We state that these Terms
of Use are not applicable to any other similar or related platform,
website, application, or service provided by Us or by any third party.
The terms of use of other platforms, applications, and websites may
vary, and accordingly, We are not responsible for the terms, policies,
practices, content, or services of such other platforms, applications,
or websites.
1. Acceptance of Terms
- These Terms of Use set forth a legally binding contract between Us and You and, by using the Platform, You agree to the Terms of Use stated herein. These Terms of Use equally apply even if You only visit the Hepatify Website or review any of the service offerings made available by Us, and You shall be bound by these Terms of Use. If You do not agree to these Terms of Use, please do not continue to access or use Our Platform henceforth.
-
In consideration of Your use of the Hepatify Website and Hepatify
App, You agree:
- To provide true, accurate, current, and complete information about Yourself, in compliance with Clause 2 of these Terms of Use and as prompted, in order to generate login credentials.
- To take responsibility for ensuring that You meet the required eligibility criteria while opting for the “Premium Account”, as described in Clause 2.
-
- To maintain and promptly update Your login credentials and account information to keep them true, accurate, current, and complete.
- To acknowledge that Hepatify is not responsible for ensuring that You conform to the applicable eligibility criteria, unless expressly stated otherwise.
- To seek the consent of Your parent or legal guardian, in case You are a minor, before providing any information about Yourself or Your parents, guardians, or other family members on the Platform.
- That We are not responsible or liable for any consequences that arise as a result of misuse of any kind by You on the Hepatify App, Hepatify Website, or any of Our services, where such misuse causes any harm, loss, injury, or damage to a third party.
- That We reserve the right to change and update the content, features, study tools, learning algorithms, scheduling systems, analytics, and other components of the Platform to represent the latest evidence, practices, educational requirements, examination patterns, needs, and requirements. We reserve the right to constantly review, update, and replace the content and features of all Study Materials, including but not limited to flashcards, question banks, test series, videos, notes, explanations, spaced repetition schedules, performance analytics, progress indicators, and other learning resources, which may be carried out on an annual basis or at such other interval of time as may be decided by Us, in the form of “Editions”. We do not guarantee that any content, features, schedules, analytics, progress data, or other components of a previous Edition would be made available on the Platform in a new Edition.
- That We reserve the right to engage a different faculty, instructor, author, reviewer, contributor, or content creator, or to change any current faculty, instructor, author, reviewer, contributor, or content creator, at any given point of time without any prior notification to the User.
- If You provide any information that is untrue, inaccurate, not current, or incomplete, or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Platform. Hepatify reserves the right to terminate Your subscription and/or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 years and the consent to use the Services has not been provided by Your parent or legal guardian, or if any information provided by You is inaccurate, false, incomplete, or misleading.
- This document is an electronic record in terms of the Information Technology Act, 2000, and the rules applicable thereunder, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act,
- This electronic record is generated by a computer system and does not require any physical or digital signatures.
- You may access the Platform and subscribe to the services only for Your personal and non-commercial use. The Platform as a whole is owned, operated, or controlled by Viable Dreams, unless otherwise stated. You acknowledge that We are providing You with a revocable, limited, non-commercial, non-exclusive, and non-transferable license to use the features of the Platform. Upon logging into the Hepatify Website or Hepatify App as a regular user, You may be entitled to view Our limited free content as a demo of the offerings. You will get access to the paid content on the Platform once You enrol as a Subscriber or Subscribed User. You are advised to review the free content before taking the decision to proceed to subscribe to the services as a “Subscribed User”, as defined in Clause 2.
- 3.
- By registering Your email address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, emails, in-app notifications, WhatsApp messages, and/or any other reasonable means that help Us reach You, in case of any subscription updates, service updates, account-related communications, transactional communications, administrative notices, legal notices, and/or promotional messages, subject to applicable law.
- You are entirely responsible for maintaining the security and confidentiality of Your account as well as the login credentials to the account once You become a “Subscribed User”. If Your account has been accessed or misused for any reason whatsoever, including any unlawful purpose, by a third party, whether with or without Your permission, Hepatify reserves the right to take appropriate action, including legal remedies, against You. It is clarified that Your negligence in maintaining the security and confidentiality of Your account credentials, or Your deliberate and wilful act of sharing the credentials with a third party, may result in penalties, suspension, termination, and/or legal action against You.
- We will not be liable for any loss that You may incur as a result of a third party using Your account, either with or without Your knowledge. You may be held liable for any losses incurred by Us as a consequence of third-party usage of Your account.
- Due to the global nature of the internet, You agree to comply with all applicable local laws, state-specific laws, national laws, international laws, rules, and regulations regarding use of the Platform. You also agree to comply with all applicable laws regarding the transmission of technical data, personal information, educational content, and other information exported from India or from the country in which You reside.
- By registering and agreeing to these Terms of Use, You provide consent to receive transactional, administrative, service-related, account-related, security-related, and legal communications from Us, including service announcements, administrative and legal notices, payment-related communications, subscription updates, and information about Your account. You may also receive promotional communications from Us, subject to applicable law and Your communication preferences. You may opt out from receiving promotional communications, where applicable. Even if You opt out of promotional communications, We may still send You transactional, administrative, service-related, account-related, security-related, and legal communications without offering You the opportunity to opt out of such essential communications.
2. Eligibility
- Persons who are competent and capable of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Hepatify App, Hepatify Website, and/or Platform and become a Registered User, as defined hereunder. Your age must be above 18 years. If You are a minor and wish to use the Hepatify App, Hepatify Website, Platform, or Our Services, such use shall be made available to You only with the consent and supervision of Your parent or legal guardian, who has agreed to these Terms of Use. In the event that a minor uses the Hepatify App, Hepatify Website, Platform, or Services, it shall be assumed that such minor has obtained the consent of their parent or legal guardian and that such use is made available with the approval of the parent or legal guardian.
- Further, any person eligible under Clause 2.1 above may access and use the Platform for educational and learning purposes, including but not limited to students, examination aspirants, medical students, healthcare students, medical graduates, healthcare professionals, teachers, tutors, contributors, reviewers, or any other learner or user who wishes to access the Services offered through the Platform, subject to these Terms of Use and any eligibility requirements applicable to specific Services, subscriptions, accounts, or features.
- To register on the Platform for availing the Services, as defined in Clause 3.5 below, a login account may be required. Certain Services may be made available through a paid subscription. You become a “Subscriber” or “Subscribed User”, hereinafter referred to as “Subscriber”, once an account is created, an appropriate plan is chosen, and the correct payment, if applicable, is completed for the selected plan.
- To complete User registration, You may be required to provide a valid phone number and/or email address while creating an account or while enrolling for or purchasing any subscription-based Services. We may communicate with You by email, SMS, phone call, in-app notification, notices posted on the Platform, or by any other reasonable mode of communication.
- To determine Your eligibility as a Subscriber, You may be required to provide such details as may be necessary by filling in all mandatory fields in the sign-up form or subscription form. Upon completing the required fields, You may have access to Free Content or a Basic Plan in the capacity of a “Registered User”, hereinafter referred to as “Registered User”, and may have the option to purchase a paid subscription or premium services account, hereinafter referred to as “Premium Account”, and become a Subscribed User. You acknowledge that it is not Our responsibility to independently ensure that You conform to the aforesaid eligibility criteria, unless expressly stated otherwise. It shall be Your sole responsibility to ensure that You meet the required eligibility criteria. The benefits and features available for Registered Users may be limited in terms of content, access, features, and functionality, and certain Services may be accessible only to Subscribed Users.
- If You choose to purchase a paid subscription, You may be directed to the relevant plans, pricing, subscription, or payment page on the Platform and may have the option to select the Services, plan, and duration for which You wish to become a Subscribed User. Upon receipt of payment in full, where applicable, You may become a Premium Account holder or Subscribed User. After the payment is completed, You may receive a confirmation email, SMS, in-app notification, or other communication confirming Your plan details. If You have initially enrolled in a Basic Plan or free access plan, You may have the option of upgrading the same to a Premium Account at any time through the subscription, upgrade, or payment options made available on the Platform.
- Where a payment, subscription, or purchase is made on behalf of a minor, the person making such payment shall be deemed to be the parent, legal guardian, or an adult authorised to make such payment. If a minor uses a payment method, card, bank account, UPI account, wallet, or other payment instrument belonging to a parent, legal guardian, or any other adult, it shall be presumed that such use has been authorised by the concerned adult. The parent, legal guardian, or account holder shall remain responsible for such payment, subscription, renewal, or purchase, subject to applicable law and the terms of the relevant payment provider.
- We do not mandate any KYC or government identity verification for standard User registration at this stage. However, We may, at Our discretion, require email verification, phone number verification, OTP verification, device verification, institutional email verification, educational eligibility confirmation, professional eligibility confirmation, or such other reasonable verification as may be necessary for account security, fraud prevention, access control, institutional plans, Premium Accounts, restricted features, promotional offers, or compliance with applicable law. Any such verification, where required, shall be carried out in accordance with Our Privacy Policy and applicable law.
- Upon successful completion of the registration, payment, and/or verification process, where applicable, You may attain the status of a Subscribed User. After successful completion, You are responsible for keeping the credentials used to access Your account secure and confidential, and You shall not share Your account details with any other person.
- The account details should belong to the same person registering with Hepatify. Once the account is created, only one person is permitted to use it. A Registered User or Subscribed User may access their account across permitted personal devices, subject to technical restrictions, security checks, fair usage rules, and subscription terms as may be determined by Us from time to time. However, only one active device or session may be permitted at a time, and concurrent usage across multiple devices or sessions may be restricted or blocked. The Registered User or Subscribed User shall not share, transfer, assign, sell, resell, rent, lend, or otherwise provide access to the account to any other person. Any such sharing, transfer, resale, concurrent misuse, or unauthorised use of account details may lead to temporary or permanent blocking of the account, suspension or termination of access to the Services, and/or appropriate legal action.
3. Services of Hepatify
- Our Services may be made available on Android, iOS, web, and/or such other platforms as may be introduced by Us from time to time. However, part of the Services may not be available on all platforms, devices, operating systems, or versions. Some devices, browsers, operating systems, or technical environments may not support Our Services, and Hepatify shall not be responsible for such unavailability, incompatibility, or limitation of Services.
- Our Services may include digital content and educational offerings, including but not limited to flashcards, question banks, test series, practice questions, explanations, notes, videos, revision tools, limited performance indicators, performance tracking, spaced repetition tools, study plans, bookmarks, tags, highlights, and other learning resources. Our Services may also include physical goods, printed materials, or other products, if made available by Us from time to time.
- To avail the full range of course content, study materials, features, or Services offered as part of the Platform, You may be required to be a Subscribed User and meet all applicable requirements set out in Clauses 2.2 and 2.3, as well as any additional requirements applicable to specific Services, plans, subscriptions, or features.
- The Services and amounts payable to access the Services may differ for different Subscribers and may be based on the individual plan, course, duration, subscription, combination of plans or courses chosen by You, and any promotional offers, discounts, or coupons applied by You. Such promotional offers may be made known to You through the Hepatify App, Hepatify Website, Platform, email, SMS, in-app notifications, advertisements, or through representatives who may reach out to select Users, subject to applicable law.
- In these Terms of Use, the term “Services”, hereinafter referred to as “Services”, shall mean and include, without limitation, the online content, learning resources, study materials, flashcards, question banks, test series, practice materials, notes, videos, explanations, revision tools, limited performance indicators, performance tracking, spaced repetition features, subscription-based features, and other educational or technology-enabled services that may be accessible to You as a Registered User or Subscribed User, as applicable. The term “Services” may exclude free demo content, limited free content, or sample content accessible to all Registered Users or visitors, unless expressly stated otherwise. The foregoing meaning and scope of Services may be subject to change and shall not in any way limit or restrict Our right to remove, add, modify, update, replace, or discontinue features, content, or offerings on the Platform.
- You agree that any Services provided by Us may be subject to change at Our discretion, and We may add, remove, modify, update, replace, suspend, or discontinue offerings within the existing scope of Services at such fees as may be solely determined by Us.
- We may, at Our discretion, start, stop, modify, rename, restructure, update, or revise the Services, course names, offerings, duration, plan structure, pricing, and amounts payable in respect of existing or future offerings forming part of the Services that may be made available to You at any time. We may also make improvements, modifications, or technical changes to the Services or Platform that may alter the usability, appearance, functionality, or availability of the Services.
- You agree that We may at any time and for any reason, including but not limited to actual or suspected breach of these Terms of Use by You or through the use of Your account credentials, terminate Your access to the whole or any part of the Platform, or restrict, suspend, or terminate Your access to Your Registered User or Subscribed User account, with or without prior notice, and without any liability to You.
- You agree that the Platform may use software logic, spaced repetition systems, study scheduling tools, limited performance indicators, revision tools, recommendation systems, and other automated or semi-automated features to support learning and revision. Such features are dynamic and may be modified, updated, recalibrated, reset, suspended, discontinued, or replaced by Us at any time. Any due dates, revision intervals, learning indicators, study schedules, performance summaries, progress information, recommendations, or similar metrics made available on the Platform are provided only as learning aids and do not constitute permanent, guaranteed, or immutable records.
- You agree that content, questions, flashcards, explanations, answers, tags, study materials, schedules, limited progress information, and other data linked to older, outdated, retired, deprecated, replaced, or modified content may be updated, archived, removed, reset, or made unavailable during content updates, platform updates, algorithmic changes, edition changes, technical maintenance, or major system overhauls. We do not guarantee that schedules, progress information, answers, explanations, or user history associated with previous versions of content will continue to remain available in the same form.
- The content, flashcards, questions, explanations, notes, analytics, and other learning materials made available through the Platform are intended strictly for academic learning, revision, and examination preparation. They are not intended to constitute medical advice, clinical guidelines, diagnostic tools, treatment recommendations, patient management protocols, or a substitute for independent clinical judgment, professional medical training, institutional protocols, or applicable laws and regulations. You shall not rely on the Platform for the diagnosis, treatment, or management of any patient or medical condition.
- We do not guarantee that use of the Platform, Services, flashcards, question banks, spaced repetition systems, analytics, recommendations, or study materials will result in any particular memory retention rate, academic outcome, examination score, rank, pass result, professional qualification, admission, employment, or other result. Your performance depends on multiple factors, including Your own preparation, effort, background knowledge, examination pattern, and other circumstances beyond Our control.
- You agree to abide by any fair usage policy, access limits, device limits, viewing limits, session limits, usage restrictions, or other platform usage rules as may be contained in Clause 16 below or as may be communicated by Us from time to time. You also agree to receive, download, and install updates from time to time, as released by Us. Access to and use of any beta version of the Services and/or Platform may be subject to additional terms, agreements, restrictions, or limitations, and may not be available to all Users.
4. Subscriber Account, Password and Security
- If You use the Platform and wish to avail Services by creating a User account, You may be required to submit Your phone number and/or email address and choose a password, generate an OTP, or use such other authentication method as may be made available by Us, based on which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password, OTP, login credentials, and other account access details. If there is any compromise to Your account, You may change Your password using the “forgot password” functionality or such other account recovery mechanism as may be available on the Platform. If there is a change in Your registered mobile number or email address, the same should be intimated to Us or updated through the Platform, where such functionality is available, in order to update Your User account.
- You may access Your account on multiple personal devices owned or used by You, subject to such device limits, session limits, platform restrictions, technical controls, fair usage rules, or subscription terms as may be determined by Us from time to time. Multi-device access is permitted only for Your own personal and non-commercial use and does not permit account sharing, resale, transfer, public access, group use, or use by any other person.
- You agree that We may use automated or manual security systems to detect suspicious activity, unauthorised access, unusual usage patterns, simultaneous concurrent sessions, access from widely different geographical locations, repeated failed login attempts, rapid sequential requests, scraping behaviour, excessive downloads, automated access, bot-like behaviour, account sharing, or any other activity that may indicate misuse of the Platform or breach of these Terms of Use. If such activity is detected or reasonably suspected, We may temporarily restrict, suspend, block, review, or terminate access to the account or Services, with or without prior notice, and without liability to You.
- You are responsible for all activity that occurs through Your account, whether authorised by You or not, except where such activity is caused solely by Our own proven fault or security failure. You agree to immediately notify Us of any unauthorised use of Your account, suspected compromise, loss of credentials, or other security breach. We shall not be liable for any loss, damage, or consequence arising from Your failure to maintain the confidentiality and security of Your login credentials or account access details.
- All account information, login data, device data, security data, and verification-related data, where collected, shall be collected, stored, used, and processed in accordance with applicable laws and Our Privacy Policy.
5. Third Parties
- We may use, integrate, link to, or rely upon third-party platforms, software, tools, services, application programming interfaces, payment gateways, in-app billing systems, app stores, analytics providers, communication providers, hosting providers, cloud service providers, customer support tools, security tools, or other third-party service providers on the Hepatify Website, Hepatify App, Platform, or in connection with Our Services. We may also use third-party platforms and service providers to provide services to Ourselves and to enable, operate, maintain, improve, secure, analyse, or deliver the Platform and Services to You. In such event, You may be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies, wherever applicable. You also agree and authorise Hepatify to share Your details, personal information, account information, payment-related information, usage information, device information, or other necessary information with such third parties to the extent necessary for Us to provide, operate, secure, improve, support, process payments for, or deliver the Services to You, in accordance with applicable law and Our Privacy Policy.
6. Payment Terms
- Any payments made to Hepatify in respect of the Services are subject to the payment terms of Hepatify, as may be notified to You once You initiate the process to become a Subscribed User. The current payment schedule, subscription plans, pricing, and available payment options shall be made available on the Platform or through such other mode as may be determined by Us.
- The fee payable in relation to any subscription, paid plan, Premium Account, Study Materials, physical goods, printed materials, delivery charges, or any other paid Services, including applicable taxes such as GST, if applicable, shall be shown to You prior to completion of the payment transaction. Any applicable taxes collected from You shall be collected and remitted in accordance with applicable law.
- In the unlikely event that, due to a technical error, the amount of the fee displayed on the Platform is incorrect, Hepatify will notify You as soon as reasonably practicable. If the correct amount of the fee is higher than the amount displayed on the Platform, Hepatify may contact You through Your registered email address, phone number, in-app notification, or any other reasonable mode of communication to notify You of the correct fee. To avail the relevant Services for the duration of the subscription, You may be required to remit any additional amount such that the correct fee is paid by You.
- Hepatify hereby notifies You that Hepatify may use third-party payment gateway service providers, banks, payment aggregators, app stores, wallet providers, UPI service providers, or other payment partners to process payments made by You towards any Service, subscription, Premium Account, or purchase. It is hereby clarified that Hepatify shall not be responsible for any payment failures, delays, reversals, errors, failed debits, duplicate debits, bank-side issues, payment gateway issues, app store issues, or technical issues attributable to such third-party payment providers. Such issues may need to be resolved directly between You and the concerned bank, payment gateway, app store, or payment partner, although We may provide reasonable assistance where practicable.
- The provision of Our Services or activation of a paid subscription is contingent upon Hepatify having received cleared funds from You in respect of the applicable fee for the relevant Service or subscription. Without prejudice to Hepatify’s rights and remedies under these Terms of Use, if any sum payable is not paid on or before the due date, or if payment is reversed, charged back, disputed, declined, or not received in cleared funds, Hepatify reserves the right, forthwith and at Hepatify’s sole discretion, to suspend, restrict, or terminate Your access to the Services.
- Successful payment does not automatically entitle a User to access a subscription or paid Service where additional account steps, eligibility confirmation, device verification, fraud checks, payment confirmation, app store confirmation, or other activation requirements are pending or incomplete. Hepatify may withhold, delay, restrict, or refuse activation of a subscription or paid Service if any required information is incomplete, inaccurate, suspicious, or inconsistent with these Terms of Use.
- In case Your bank account, card, wallet, UPI account, app store account, or other payment instrument appears to be debited, but the subscription plan or paid Service is not activated, You may contact Us through the support details, help page, or grievance/contact mechanism made available on the Platform. Activation may be subject to confirmation of successful payment from the relevant payment provider.
- Please note that Services once subscribed may not be cancelled and no refund may be provided except as expressly stated in Our refund policy available at https://www.hepatify.com/refund-policy, the applicable subscription policy, app store policy, payment provider policy, or as required under applicable law. Notwithstanding the foregoing, Hepatify may terminate, suspend, restrict, or modify Your subscription in accordance with these Terms of Use, and any decision to provide a refund shall be governed by Our refund policy and applicable law.
- Hepatify reserves the right to change pricing, subscription duration, plan structure, upgrade options, renewal terms, cancellation terms, refund terms, promotional offers, or payment policies at any time, with or without prior notice, subject to applicable law. You may renew, upgrade, downgrade, or modify Your subscription only in accordance with the terms made available on the Platform or by the relevant app store or payment provider, as applicable.
- If You purchase, subscribe to, renew, upgrade, downgrade, cancel, or manage any subscription or paid Service through the Hepatify Website, such transaction may be processed through third-party payment gateways, banks, payment aggregators, UPI service providers, wallet providers, or other payment partners, and shall be subject to these Terms of Use, Our applicable payment and refund policies, including https://www.hepatify.com/refund-policy, and the terms and policies of the relevant payment provider. A subscription or paid access purchased through the Hepatify Website may allow access to the same Hepatify account across the Hepatify Website and Hepatify App, subject to these Terms of Use, platform restrictions, app store rules, device/session limits, and technical availability. If You purchase, subscribe to, renew, upgrade, downgrade, cancel, or manage any subscription or paid Service through the Hepatify App on Android or iOS, such transaction may be processed through the Google Play Store, Apple App Store, or such other app store or in-app billing system as may be applicable. In such cases, the purchase, billing relationship, renewal, cancellation, refund, chargeback, and payment management may be governed by the terms, policies, and procedures of the relevant app store, marketplace, or payment platform. You may be required to manage or cancel such subscription through Your Apple, Google, app store, device, or payment provider account settings, and Hepatify may not be able to directly cancel, refund, alter, or manage such subscription except to the extent permitted by the relevant third-party platform and applicable law.
- Please note that all subscription payments and payments for paid Services must be made only through the Platform, authorised payment links, authorised payment gateways, Google Play Store, Apple App Store, or such other official payment methods as may be communicated by Us. We do not authorise any unauthorised third party, reseller, agent, social media page, messaging group, or individual to collect payments on Our behalf. Hepatify shall not be responsible for any payment made by You to any unauthorised person or third party. If You are unsure whether a payment link, offer, or collection method is authorised, You should contact Us at [email protected] before making payment.
7. Discounts or Offers
- Discounts may be availed through valid coupon codes, promotional codes, referral codes, institutional offers, launch offers, or such other offers as may be made available by Us from time to time. Information about offers, coupon eligibility, duration, usage restrictions, and other terms may be communicated through the Platform, website, email, SMS, in-app notification, advertisements, or through communication by sales, support, or authorised representatives of Hepatify.
- Hepatify reserves the right to introduce, modify, withdraw, suspend, cancel, extend, or replace any coupon, discount, promotional offer, referral benefit, institutional offer, or other offer at any time, with or without prior notice. Hepatify also reserves the right to provide discounts or offers that are not publicly communicated on the Platform. Hepatify is not responsible for any discount, offer, promise, representation, or claim made by any unauthorised third party, including but not limited to influencers, affiliates, advertisements, social media pages, resellers, or third-party websites.
- Please note that in the event of any gift, lucky draw, prize, scholarship, reward, referral benefit, promotional campaign, or similar benefit, Hepatify reserves all rights in respect of eligibility, selection, distribution, modification, cancellation, and interpretation of such offer, and any decision by Hepatify shall be final, subject to applicable law.
- We may offer a referral program wherein existing Users may share a unique referral code, referral link, or referral identifier with prospective new users. If a new user successfully registers on the Platform and purchases a paid subscription using a valid referral code, We may grant a subscription discount or other discount-based benefit to the referring User, the new user, or both, subject to the specific terms of the active referral offer.
- Any referral discount or benefit shall be applied, credited, or made available only after the new user’s payment has been successfully processed, fully realised by Us or the relevant payment provider, and any applicable fraud prevention, payment confirmation, eligibility, or account verification checks have been completed.
- Referral codes, referral links, and referral benefits are intended only for personal and non-commercial sharing. You shall not engage in spamming, bulk distribution, misleading promotion, posting codes on public coupon aggregators, self-referral using alternate credentials, creation of fake accounts, use of automated methods, or any fraudulent, deceptive, abusive, or unfair activity to exploit the referral program.
- We reserve the right to withhold, reverse, cancel, or recover any referral discount, benefit, coupon, promotional access, or other reward, suspend or terminate the associated accounts, and restrict future access to the Platform if We reasonably suspect any abuse, fraud, manipulation, self-referral, account sharing, payment reversal, refund abuse, or violation of these Terms of Use in connection with the referral program. We may modify, suspend, or terminate the referral program at any time, with or without prior notice, subject to applicable law.
8. Disclaimer as regards Study Materials
- The term “Study Materials”, hereinafter referred to as “Study Materials”, as used in these Terms of Use shall include, without limitation, flashcards, question banks, MCQs, test series, practice questions, mock tests, explanations, notes, videos, images, diagrams, tables, revision tools, study plans, limited performance indicators, performance summaries, spaced repetition schedules, tags, bookmarks, highlights, and any other learning material, whether electronic, digital, downloadable, printable, physical, or otherwise, that may be made available from time to time through the Platform.
- We do not make any representation, guarantee, warranty, or commitment to You that the Study Materials offered either in free, demo, basic, trial, or subscribed versions will be error-free, complete, uninterrupted, continuously available, or fully up to date at all times.
- The Services and all accompanying Study Materials are offered on an “AS IS” and “AS AVAILABLE” basis. We expressly state that the Study Materials and Services are intended only for academic learning, revision, and examination preparation, and are not intended to act as a substitute for professional medical opinion, clinical judgment, diagnosis, treatment, patient management, institutional protocols, or applicable clinical guidelines.
- The MCQs, flashcards, explanations, notes, test series, mock tests, limited performance indicators, and other Study Materials provided on the Platform may be constantly updated, added, removed, revised, replaced, reorganised, retagged, or modified in terms of number, content, structure, format, answer options, explanations, difficulty level, tags, or categorisation, with or without prior notice to You and at the sole discretion of Hepatify.
- Mock tests, test series, practice questions, flashcards, and other examination-oriented materials may be based on previous exam patterns, publicly available syllabus trends, academic judgment, or internal content design. They do not predict, guarantee, or recommend the possibility of similar or identical questions being asked in any actual examination. Any recall-based, memory-based, or representative content, where provided, is intended only for learning and revision purposes and may not reflect the exact questions asked in any examination.
- Notes, explanations, images, diagrams, tables, and other materials may be prepared by Hepatify, its contributors, faculty, authors, reviewers, editors, or third-party licensors. Where any material is not owned by Hepatify, it may have been contributed, licensed, referenced, adapted, or reproduced in accordance with the information available to Us and the permissions, licences, or rights applicable to such material.
- Hepatify may, at its sole discretion, publish, reuse, adapt, modify, restructure, or repurpose the same or similar flashcards, MCQs, explanations, notes, videos, questions, diagrams, or other Study Materials across different courses, subjects, examinations, modules, plans, or subscription offerings on the Platform, in the exact same manner or in any modified manner as may be deemed fit by Hepatify.
- We do not claim, represent, warrant, or guarantee any rank, mark, score, pass result, examination success, admission, certification, professional advantage, memory retention rate, learning outcome, employment outcome, or other academic or professional benefit from the use of the Platform, Services, Study Materials, spaced repetition tools, analytics, or any other feature.
- Please note that although We endeavour to update the Study Materials from time to time, changes may be missed due to rapid advances in medical sciences, changes in examination patterns, syllabus changes, academic updates, regulatory changes, or other factors beyond Our control. Users are advised to use independent judgment and refer to appropriate textbooks, official guidelines, institutional protocols, and authoritative sources where necessary.
- Where the Platform allows You to create, upload, enter, save, edit, tag, organise, or store personal notes, annotations, highlights, bookmarks, custom flashcards, custom explanations, personal study data, or other user-generated content, You shall remain responsible for such content and, where applicable, retain ownership of the rights You lawfully hold in such content. By creating, uploading, saving, or submitting such user-generated content on the Platform, You grant Us a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, display, transmit, modify, analyse, and use such content solely to operate, provide, secure, improve, and develop the Platform and Services, subject to Our Privacy Policy and applicable law. We do not undertake to review, verify, moderate, or validate such user-generated content for accuracy, completeness, medical correctness, legality, or suitability. We shall not be liable for any error, omission, inaccuracy, reliance, misuse, corruption, deletion, loss, or unavailability of such user-generated content, except to the extent required under applicable law.
9. Online Subscription and Access Terms
- Except as set out in the description of the subscription model, plan, course, or offering available on the Platform, no additional Study Materials, content, features, services, physical goods, printed materials, or access rights shall be provided by Us.
- Upon receipt of confirmation from Us, whether by email, SMS, in-app notification, app store confirmation, payment confirmation, or any other reasonable mode of communication, You will be notified when You, only if You are a Subscribed User, have access to the purchased Services and the length of time such access will be made available to You, subject however to Our absolute right to suspend, restrict, modify, or terminate access in accordance with these Terms of Use.
- A subscription received is personal to You and You shall not transfer, share, assign, sell, resell, rent, lend, commercially exploit, or otherwise allow access to the Study Materials, subscription, account, Premium Account, or Services to any other person, whether for consideration or otherwise. Such acts will be construed as contrary to these Terms of Use, and in such a situation We reserve the right to suspend, restrict, or terminate access to Your account, with or without prior notice. In the event that any unlawful activity or misuse is performed by another person using Your account credentials, You shall be held responsible for such activity, and We reserve the right to take appropriate legal action against You.
10. System Requirements
- Please note that it is Your responsibility to check that the mobile phone, tablet, computer, browser, operating system, internet connection, or device You plan to use to access the Platform or subscription is compatible with the minimum technical requirements applicable to the Service You are opting for. You acknowledge and accept that We cannot be held responsible for any technical problems, compatibility issues, performance issues, loading issues, syncing issues, playback issues, display issues, notification issues, or other device-related problems encountered by You following the commencement of the subscription.
- The minimum system requirements for using the Platform may be notified on the Platform from time to time and may include requirements relating to operating system version, device security status, browser version, storage availability, internet connectivity, app version, screen compatibility, and other technical specifications. Rooted, jailbroken, modified, emulator-based, tampered, unsupported, or insecure devices may not be supported, and certain Services may be restricted or unavailable on such devices.
- While We endeavour to support major devices, operating systems, and browsers, it is possible that certain manufacturers, devices, operating system versions, browsers, regions, network conditions, or technical environments may not support Our Services fully or at all. Users should ensure that their devices and software conform with applicable system requirements and eligibility at all times. System requirements are indicative and not exhaustive, and Hepatify is not responsible for device-specific, browser-specific, operating-system-specific, or network-specific issues.
- We are not responsible for technical limitations, service disruptions, compatibility issues, data loss, syncing issues, notification failures, display errors, performance issues, or access restrictions caused by upgraded or modified technical standards, third-party software, operating system changes, app store policies, browser updates, internet service providers, device settings, network conditions, or any other reason beyond Our reasonable control. We shall have no responsibility for any loss or damage caused to any mobile phone, tablet, computer, device, hardware, software, data, or instrument, including loss of data or effect on processing speed, resulting from Your use of Our Platform, products, or Services.
- We may recommend the latest stable version of major browsers, operating systems, and the Hepatify App for optimal use of the Platform. Other browsers, operating systems, device types, or older app versions may or may not be supported.
- The minimum and recommended internet speed requirements for using the Platform may vary depending on the nature of the Service, including whether the User is accessing flashcards, question banks, images, explanations, analytics, videos, downloads, syncing features, or other content. Any internet speed, data consumption, or performance estimate provided by Us shall be indicative only and shall not constitute a guarantee of uninterrupted or error-free access.
- Please note that any amount of internet data indicated or estimated, including during download, syncing, streaming, or use of the Platform, is under standard or estimated conditions and may vary based on network speed, content format, media quality, device type, app version, usage pattern, and other technical factors. The cost of data consumed shall be borne by the User and shall remain the responsibility of the User.
- Please note that any offline access, downloaded content, cached content, saved content, or locally stored content, where made available, may still require an active internet connection from time to time for authentication, syncing, licence validation, account verification, subscription validation, updates, or continued access.
- In addition to the disclaimers set forth hereinbefore, Hepatify shall not be liable to You for any damages, losses, inconvenience, delay, interruption, or inability arising from Your inability to log into Your account, access the Platform, use the Services, sync Your progress, retrieve data, receive notifications, or access any content at any time.
- Hepatify may restrict, block, or refuse access to the Platform or any part of the Services on rooted, jailbroken, modified, tampered, emulator-based, virtualised, insecure, or unsupported devices, or where We reasonably detect attempts to bypass security controls, device restrictions, regional restrictions, subscription restrictions, fair usage limits, anti-piracy systems, or other technical protections. Use of emulators, screen-scraping tools, automated scripts, bots, unauthorised APIs, database extraction tools, excessive request automation, VPNs or proxies used to bypass restrictions, credential-sharing systems, or any other method intended to copy, scrape, extract, redistribute, or misuse Platform content or data shall constitute a material breach of these Terms of Use and may result in immediate suspension or termination of access, without refund, subject to applicable law.
- Only one active device or session may be permitted at a time for each account. Concurrent access from multiple devices, browsers, sessions, or locations may be restricted, blocked, or treated as suspicious activity, subject to Our fair usage, security, and anti-sharing policies.
11. Modifications to Subscription
- We reserve the right to make modifications, enhancements, clarifications, corrections, updates, additions, removals, or changes to any subscription, plan, course, content, feature, Study Material, learning aid, spaced repetition feature, performance metric, user interface, pricing, validity, duration, access model, Edition, or Service, including but not limited to changes in the number of Services available, introduction and modification of Editions, pricing changes, duration changes, plan changes, and changes to the validity of subscription duration.
- When We make such changes, We may or may not notify the User of the same, and the User shall be bound by such modifications, enhancements, changes, updates, corrections, additions, removals, and amendments, as the case may be, subject to applicable law and these Terms of Use.
- We may, at Our sole discretion, permit certain existing Users to continue on older plans, legacy pricing, previous subscription structures, or earlier feature sets for a limited or indefinite period. However, We are under no obligation to provide, continue, or maintain any grandfathered plan, legacy pricing, previous feature set, or older subscription structure. We may require Users to migrate to new subscription tiers, revised pricing, updated plans, modified features, or new access models upon renewal, expiry, upgrade, downgrade, reactivation, or at such other time as may be determined by Us, subject to applicable law.
- We may, from time to time, provide access to beta, experimental, trial, early access, or testing versions of certain features, Services, content, tools, or Platform functionality. Access to and use of such beta or experimental features may be limited to certain Users and may be subject to additional terms, restrictions, or instructions. Such features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain bugs, errors, defects, interruptions, or incomplete functionality. We make no representation that any beta or experimental feature will be made generally available, and We reserve the right to modify, suspend, discontinue, or remove such features at any time, with or without prior notice.
12. Technical Support and Access
- We do not warrant or guarantee uninterrupted, continuous, secure, error-free, or defect-free operation of the Platform, subscription, Services, Study Materials, or any feature made available through the Platform.
- We are not obliged to offer You any technical support in relation to Your subscription or use of the Platform other than such support as may be expressly included as part of the subscription plan, Service, or support mechanism You have opted for, or as may be made available by Us from time to time.
- You accept and acknowledge that We cannot be held responsible for any delay, disruption, suspension, interruption, loss of access, syncing issue, data delay, notification failure, performance issue, or technical difficulty affecting Your subscription, account, or use of the Services as a result of circumstances including but not limited to the operation of the internet, mobile networks, cloud services, the World Wide Web, viruses, malware, third-party attacks, firewall restrictions placed on Your network or device, failures of telecommunications links or equipment, browser issues, operating system issues, app store issues, device incompatibility, server downtime, hosting provider issues, payment provider issues, third-party service provider failures, failure to meet minimum system requirements, rooted or jailbroken devices, security restrictions, or any other technical factor beyond Our reasonable control.
- You agree to receive, install, and use updates to the Hepatify App, Website, Platform, or Services from time to time. Such updates may include bug fixes, security patches, performance improvements, new modules, modified features, removed features, or new versions. Certain Services may not function properly, or may not remain available, if You do not install or use the latest required version of the Hepatify App, browser, operating system, or other supported software.
13. Disclaimer of Warranties and Liabilities
- We shall not be liable for any interference, virus, hacking, unauthorised access, security incident, technical failure, data loss, service disruption, network issue, internet issue, device issue, operating system issue, browser issue, or any similar consequence caused by network providers, internet service providers, device manufacturers, operating system providers, app stores, cloud service providers, payment providers, third-party platforms, or any other third party beyond Our reasonable control.
- Any content posted, shared, promoted, advertised, or made available by Us or by any authorised third party on any third-party platform, including but not limited to app stores, social media platforms, video platforms, messaging platforms, advertising platforms, educational partner platforms, or community platforms, shall be subject to the terms and conditions, privacy policies, community guidelines, and other policies of that third-party platform in addition to these Terms of Use.
- Subject to applicable law, in no event shall Viable Dreams, Hepatify, its proprietor, employees, agents, contractors, consultants, contributors, partners, affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, punitive, exemplary, or remote damages, or for any loss of profit, loss of data, loss of opportunity, loss of goodwill, loss of business, academic loss, examination loss, professional loss, or other intangible loss arising from or related to Your use of, or inability to use, the Platform, Services, Study Materials, subscription, or any related feature.
- Subject to applicable law, the aggregate liability of Viable Dreams, Hepatify, its proprietor, employees, agents, contractors, consultants, contributors, partners, affiliates, licensors, or service providers arising from or related to the Services provided to You shall not exceed the payments actually received and retained by Hepatify from You for the specific subscription or Service giving rise to the claim. In the event that You are not a Subscribed User or have not paid any amount to Hepatify for the relevant Service, Hepatify shall not be liable to You for any monetary claim, except to the extent required under applicable law.
14. Disclaimer of Services
- Any information, content, Study Material, explanation, answer, flashcard, MCQ, note, video, diagram, table, analytics, recommendation, or other material provided to You through the Platform shall not be treated as medical advice, medical opinion, diagnosis, prescription, treatment, patient management advice, clinical guideline, or substitute for independent clinical judgment, and may contain errors, omissions, or outdated information.
- You acknowledge that We are not authorised, recognised, affiliated, endorsed, approved, or certified by any regulatory body, university, examination authority, medical council, National Medical Commission, government authority, or professional body to provide medical advice, diagnosis, prescription, treatment, clinical training, or regulated medical education, unless expressly stated otherwise by Us in writing.
- You acknowledge that the content and information made available through the Platform cannot replace textbooks, official curriculum, coursework, university materials, institutional protocols, official guidelines, regulatory guidance, or standard reference materials prescribed or recommended by universities, institutions, examination bodies, hospitals, professional bodies, or regulatory authorities, and shall not be used as the sole reference to resolve disputes in examinations, results, clinical treatment, academic evaluation, or professional matters.
- The provision of subscription Services may be suspended, delayed, modified, or terminated in the event of a Force Majeure event, including but not limited to acts of God, war, riots, civil unrest, epidemic, pandemic, lockdown, government action, regulatory restriction, natural disaster, fire, flood, labour disruption, internet failure, cyberattack, server outage, cloud service failure, app store restriction, payment system failure, or any event beyond Our reasonable control.
- The views, opinions, explanations, suggestions, or educational comments shared by any faculty, instructor, author, reviewer, contributor, employee, representative, partner, or third party, whether through the Platform, videos, notes, explanations, live sessions, social media platforms, community groups, or any other medium, may be personal to such individual. Hepatify shall not be responsible for such personal opinions or for any claims, losses, or consequences resulting from reliance on them. Similarly, Hepatify is not responsible for user-generated content posted on social media, public forums, community groups, or third-party platforms.
- Hepatify shall not be held liable for any unauthorised use of any third-party intellectual property, copyrighted material, trademark, proprietary content, confidential information, data, or other protected material by any User. Any User who carries out such unauthorised use, upload, sharing, reproduction, distribution, or infringement shall be solely responsible and shall fully indemnify and hold Hepatify and Viable Dreams harmless against any and all claims, losses, damages, liabilities, costs, or expenses that may arise as a result of such use.
- Testimonials, reviews, ratings, feedback, success stories, score improvements, ranks, or other user experiences, if displayed on the Platform or elsewhere, are individual experiences of Users and may not represent typical, expected, or guaranteed results. Results may vary from person to person. We do not claim that such testimonials, reviews, feedback, or success stories are representative of the results that all Users will generally achieve by using Our products or Services.
- Any program, course, subscription, offer, certification, institutional plan, or learning initiative affiliated with an educational partner, institution, organisation, or third-party provider may be subject to the terms, policies, procedures, eligibility criteria, and conditions of the applicable educational partner, institution, organisation, or third-party provider in addition to these Terms of Use.
- You understand that the Study Materials, Platform, Services, analytics, recommendations, spaced repetition systems, revision schedules, and other learning tools are not a guarantee of success, rank, score, marks, qualification, certification, admission, employment, professional recognition, or academic outcome, and do not confer any degree, diploma, licence, registration, certification, accreditation, or formal recognition unless expressly stated otherwise by Us in writing.
- You understand that the Services provided to You shall not be construed as medical classes, clinical training, recognised medical education, university instruction, professional licensing training, or any regulated training recognised by the National Medical Commission, Medical Council of India, any state medical council, university, examination authority, or any other regulatory or professional body, unless expressly stated otherwise by Us in writing.
- You acknowledge and agree that any suggestions, recommendations, revision plans, analytics, study schedules, spaced repetition intervals, performance insights, predicted difficulty levels, or other guidance provided by Us through the Platform are only educational suggestions and learning aids. You may comply with or ignore such suggestions at Your own choice and discretion. We offer various Services through the Platform to help You prepare for academic, medical, healthcare, or entrance examinations with customised support and assistance, but We do not guarantee any particular result.
15. Data Protection
- You agree that We may collect, store, interpret, process, and analyse data provided by You or generated through Your use of the Platform, including account information, contact information, subscription information, device information, usage information, learning activity, performance data, study progress, flashcard interactions, question responses, analytics, and other information, in accordance with these Terms of Use, Our Privacy Policy, and applicable law. Such data may be used to provide, operate, maintain, personalise, secure, improve, analyse, and develop the Platform and Services.
- We may use aggregated, anonymised, or de-identified data for research, study, analytics, service improvement, educational insights, product development, publication, reporting, or business purposes, provided that such data does not directly identify You. Personal data will be anonymised or de-identified where it is shared publicly or used for general research or analytical publication.
- We do not sell Your personal data. However, We may use Your information for account-related communication, service communication, transactional communication, support communication, security communication, legal notices, promotional communication, product updates, offers, surveys, research, analytics, and service improvement, subject to applicable law, Your consent where required, and Your communication preferences.
- We may store and process Your information on servers located in India or in other countries, whether directly or through third-party service providers, cloud service providers, hosting providers, analytics providers, communication providers, support tools, or other service providers. We shall process information that We receive from You or otherwise hold about You in accordance with these Terms of Use, Our Privacy Policy, and applicable law.
- Although it is Our endeavour to provide reasonable security for information that We process and maintain, You acknowledge that no security system, electronic transmission, internet-based service, cloud system, or storage mechanism can prevent all potential security breaches. We do not guarantee absolute security of data, especially where such data is processed by or transmitted through third-party platforms such as payment gateways, app stores, analytics providers, cloud service providers, or communication providers.
- You may request deletion of Your personal data or account deletion through such process as may be provided in Our Privacy Policy or on the Platform. Please note that once an account has been deleted, it may not be capable of being restored, and You may need to create a new account if You wish to use the Platform again. Certain information may be retained where required or permitted by applicable law, including for legal, tax, accounting, audit, fraud prevention, dispute resolution, security, enforcement, or legitimate business purposes.
- You may, where applicable, withdraw consent previously provided to Us for the use of Your personal data by following the process set out in Our Privacy Policy or by contacting Us through the contact details made available by Us. In such event, We reserve the right to restrict or discontinue Your access to the Platform or Services where such data or consent is necessary for providing the Services. Withdrawal of consent shall not be retrospective in nature and shall apply prospectively, subject to applicable law.
- You acknowledge that We may share links, notifications, emails, messages, or other communications in a format that enables Us to track whether such links have been opened, clicked, followed, or acted upon. We may use such information to improve Our Services, customise content, improve communication, and analyse User engagement. Clicking on links may take You to websites, applications, or services outside Our domain or control. We are not responsible for the privacy practices, content, or policies of such third-party websites, applications, or services.
- We may use cookies, pixels, software development kits, local storage, device identifiers, analytics tools, or similar technologies to operate the Platform, remember preferences, improve functionality, analyse usage, prevent fraud, secure the Platform, and, where applicable, show personalised or relevant content or advertisements. Most systems allow users to manage cookies or similar technologies, but some features and Services of the Platform may not function properly if such technologies are disabled or restricted.
- Please note that if You share Your personal information, comments, messages, files, photos, screenshots, roll numbers, examination details, account details, or any other information in any public forum, community group, social media group, review section, discussion area, or third-party platform, such information may become available to other users or the public. Any such sharing of Your information is done at Your own risk.
- You acknowledge that We may conduct online surveys, feedback exercises, polls, interviews, or research activities from time to time. The data collected through such surveys or feedback mechanisms may be used to assess Our Services, improve the Platform, collect demographic or educational information, understand user needs, develop new features, or for such other purposes as may be described at the time of collection or in Our Privacy Policy.
- We may share non-personal, aggregated, anonymised, or de-identified information with third parties for provision, analysis, research, reporting, development, marketing, or improvement of the Services. By agreeing to these Terms of Use, You agree to Us using Your information in this manner and in the manner mentioned in Our Privacy Policy, subject to applicable law.
- We provide Users with the opportunity to opt out of receiving non-essential promotional or marketing-related communications from Us, where applicable. You may use the unsubscribe option, communication preference settings, or such other opt-out mechanism as may be made available by Us. Even if You opt out of promotional communications, We may still send You transactional, administrative, service-related, account-related, security-related, and legal communications.
- When You send an email, support request, feedback, complaint, message, form response, or other communication to Us, We may retain those communications in order to process Your inquiries, respond to Your requests, provide support, maintain records, improve Our Services, comply with legal obligations, and protect Our rights.
- If You reside outside India, Your information may be transferred to, processed in, and stored in India or other countries where We or Our service providers operate, subject to applicable law and Our Privacy Policy.
- You may request deletion of Your account through the account deletion option made available on the Platform, where available, or by contacting Us at [email protected]. Once Your account is deleted, You may lose access to Your account, subscription, Study Materials, saved progress, custom notes, custom flashcards, user-generated content, and other account-related data. Account deletion may be irreversible. We shall not be responsible for any loss of access, content, progress, or user-generated content arising from account deletion. However, certain information may be retained where required or permitted under applicable law, including for legal, tax, accounting, audit, fraud prevention, security, dispute resolution, enforcement, or legitimate business purposes.
16. Hepatify No Sharing Fair Usage Policy
- A Hepatify account, including a Registered User account, Subscribed User account, or Premium Account, is meant to be used by only one User.
- Sharing Hepatify account credentials, access links, OTPs, passwords, sessions, subscription access, downloaded content, cached content, Study Materials, or any other account access mechanism for personal, group, institutional, commercial, or non-commercial purposes is strictly prohibited and may result in account blockage, suspension, restriction, or termination without prior notice or warning.
- As part of this Fair Usage Policy, We may set and modify fair usage limits, including but not limited to limits on the number of devices, active sessions, concurrent sessions, login attempts, downloads, requests, sync actions, content views, question attempts, flashcard reviews, API calls, data usage, or other measurable usage parameters. Such limits may vary depending on the subscription plan, device type, platform, Service, content type, security risk, or other criteria determined by Us.
- Apart from fair usage limits, We may track and analyse a number of other parameters to identify account sharing, misuse, piracy, scraping, unauthorised access, automated usage, suspicious access, or breach of these Terms of Use, including but not limited to device signatures, IP addresses, approximate location patterns, login frequency, simultaneous usage, rapid sequential requests, unusual review patterns, abnormal content access, failed login attempts, app integrity signals, and other technical or behavioural indicators.
- If a violation of this Fair Usage Policy is identified or reasonably suspected, the same shall amount to a substantial breach of these Terms of Use, and Hepatify shall have the right to take appropriate action, including but not limited to warning, temporary restriction, device logout, forced password reset, suspension, permanent blocking or termination of Your account, denial of refund, restriction of future access, and/or legal action as provided under applicable law.
17. Prohibited Conduct
- You agree that You shall not use the Services or the Platform to host, display, upload, modify, publish, transmit, update, distribute, share, store, copy, reproduce, extract, scrape, download, mirror, frame, sell, resell, commercially exploit, or otherwise misuse any material, content, data, Study Materials, software, or information available on or through the Platform. You are bound not to cut, copy, decompile, distribute, modify, recreate, reverse engineer, disseminate, post, publish, create derivative works from, transfer, or sell any information, software, content, Study Materials, flashcards, MCQs, explanations, notes, analytics, data, or other materials obtained from the Platform. With Our prior written permission, limited use may be allowed, solely at Our discretion. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying, scraping, extraction, downloading, redistribution, or modification of content for commercial or non-commercial purposes is not permitted. You shall not use the Platform or Services in any manner: a. that violates any applicable law or regulation; b. that infringes any copyright, trademark, trade secret, patent, intellectual property right, proprietary right, privacy right, publicity right, or other personal or legal right of any person; c. that involves material, content, information, or data belonging to another person and to which You do not have any right; d. that is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive, hateful, racially or ethnically objectionable, disparaging, misleading, fraudulent, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; e. that harms minors in any way; f. that impersonates any person or entity, or falsely states or otherwise misrepresents Your identity or affiliation with any person or entity; g. that contains software viruses, malware, ransomware, worms, trojans, spyware, malicious code, corrupted files, unauthorised scripts, automated tools, bots, or any other computer code, files, or programs designed to interrupt, destroy, damage, access, extract, scrape, monitor, or limit the functionality of Hepatify’s systems, the Platform, the Services, or any User’s device, account, system, or data; or h. that threatens the unity, integrity, defence, security, or sovereignty of India or any other country, friendly relations with foreign states, public order, or causes incitement to the commission of any cognizable offence, prevents investigation of any offence, or insults any other nation.
- If You become aware of any misuse of the Platform or Services by any person, You may contact Us through the support or contact details made available on the Platform.
- You shall not, either as a browsing User, Registered User, Basic Plan User, Subscribed User, Premium Account holder, or otherwise, use the Platform either directly or indirectly, alone or with any third party, to disassemble, reverse engineer, decompile, decode, tamper with, bypass, or attempt to access the underlying software, source code, database, algorithms, proprietary technology, security systems, app logic, scheduling systems, analytics systems, or other technical infrastructure that enables the Platform, Services, or any functionality of the Platform. You shall not do anything with the intent to create derivative works, competing platforms, similar services, clone applications, copied databases, or alternative products using or based on any part of the Platform or Services.
- You shall not, either directly or through any third party, take, capture, post, publish, transmit, upload, share, distribute, or otherwise make available any Study Materials, flashcards, MCQs, explanations, notes, screenshots, screen recordings, videos, images, diagrams, tables, PDFs, downloaded content, cached content, or other Platform content on any other medium, platform, website, application, social media group, messaging group, file-sharing service, cloud storage service, or public or private forum. Furthermore, You undertake not to use, display, mirror, frame, embed, or reproduce the Platform or any individual element within the Platform, unless expressly approved by Us in writing.
- You shall not copy, record, screen-record, photograph, scrape, extract, bulk download, reproduce, redistribute, sell, resell, publish, or make any attempt to copy, record, capture, extract, or reproduce part or whole of the Services, Study Materials, Platform content, question bank, flashcards, explanations, analytics, or other materials for further distribution in any mode, whether for commercial benefit or otherwise, or engage in any form of piracy, unauthorised distribution, content theft, database extraction, or misuse.
- You shall not use automated scripts, bots, crawlers, scrapers, unauthorised APIs, browser automation tools, database extraction tools, screen-scraping tools, reverse engineering tools, emulator farms, credential-sharing systems, or any other technical method to access, copy, extract, index, store, redistribute, train, analyse, or misuse any content, data, software, or functionality of the Platform without Our express written permission.
- Any violation of this clause shall amount to a substantial breach of these Terms of Use, and Viable Dreams, operating inter alia under the brand name Hepatify, shall have all rights to take appropriate action as provided under applicable law, including but not limited to suspension, restriction, termination, denial of refund, blocking of account, removal of access, and/or legal action.
18. User Behaviour
- You agree to be respectful towards other Users, faculty, instructors, contributors, reviewers, employees, representatives, support staff, and any other person associated with the Platform. You shall not use abusive, threatening, harassing, defamatory, obscene, discriminatory, hateful, derogatory, or otherwise inappropriate language or behaviour against Hepatify, Viable Dreams, its proprietor, employees, contributors, faculty, reviewers, representatives, partners, or other Users, whether on the Platform, social media, community groups, public forums, private forums, messaging platforms, or any other medium.
- You shall respect patient privacy and confidentiality and shall not disclose, upload, share, publish, or transmit any personally identifiable information, clinical information, images, documents, investigation reports, prescriptions, discharge summaries, case details, or any other confidential information relating to any patient or third party, unless You have all necessary rights, permissions, consents, and lawful basis to do so.
- Where the Platform allows User interaction, comments, feedback, discussions, community participation, doubt posting, reviews, or similar interactive features, You agree to use such features responsibly and in accordance with these Terms of Use. Hepatify may not actively monitor all interactions that take place between Users on the Platform, social media, community groups, or third-party platforms. However, Hepatify reserves the right, at its discretion, to review, moderate, remove, restrict, suspend, or report any content or conduct that violates these Terms of Use, applicable law, or community standards.
- You shall not misrepresent, exaggerate, or falsely imply any relationship, affiliation, partnership, sponsorship, endorsement, authorisation, employment, agency, or association between You and Hepatify, Viable Dreams, its proprietor, employees, contributors, faculty, reviewers, representatives, or partners. You shall not use the Hepatify name, logo, brand, content, screenshots, Study Materials, or Platform access in any manner that falsely suggests that We support, sponsor, endorse, authorise, or are associated with You, Your business, Your services, Your social media page, Your coaching activity, or any third-party activity.
19. Termination or Suspension of Account for Illegalities or Suspected Illegalities
- If there is any suspicion of untoward, unlawful, abusive, fraudulent, suspicious, unauthorised, or illegal activity, We may suspend, restrict, block, or terminate Your account immediately and, if required, debar all future access by You to the Platform.
- We reserve the right to cancel, suspend, restrict, or terminate any subscription, account, Premium Account, or access which We believe has been compromised, misused, shared, resold, accessed fraudulently, used unlawfully, or used in breach of these Terms of Use, at Our discretion and without financial liability to You, subject to applicable law.
-
A User’s account may be blocked, suspended, restricted, or
terminated for reasons including but not limited to:
- If the account, device, access pattern, payment activity, or usage behaviour is found to be suspicious or indicative of high, abnormal, or unauthorised activity;
- Usage of rooted devices, jailbroken devices, emulators, virtual machines, cloned applications, tampered applications, modified APKs, app cloners, unsupported devices, insecure devices, or any device or environment that bypasses or attempts to bypass Platform security controls;
- Screen casting, screen recording, screen mirroring, photographing, copying, downloading, scraping, extracting, or otherwise capturing any Platform content, Study Materials, flashcards, MCQs, explanations, notes, images, videos, analytics, or other materials outside the authorised functionality of the Platform;
- Using a camera, phone, screen recorder, external device, software tool, browser extension, automation tool, or any other method to record, copy, reproduce, extract, or capture any Platform content;
- Sharing Hepatify screenshots, PDFs, notes, flashcards, MCQs, explanations, downloaded content, cached content, or any other Study Materials on social media, messaging groups, file-sharing platforms, cloud storage platforms, websites, applications, public forums, private forums, or any other network;
- Sharing Hepatify account credentials, OTPs, passwords, access links, session access, subscription access, or device access with any other person;
- Usage of multiple devices, concurrent sessions, geographically inconsistent access, device switching, or other access patterns beyond the device limits, session limits, fair usage limits, or personal-use permissions determined by Us from time to time;
- Abusing, harassing, threatening, defaming, impersonating, or making derogatory statements against Hepatify, Viable Dreams, its proprietor, faculty, contributors, reviewers, employees, representatives, support staff, partners, or other Users; or
- Attempting to sell, resell, rent, transfer, distribute, commercially exploit, or provide unauthorised access to Hepatify accounts, Premium Accounts, subscriptions, Study Materials, content, or Services.
20. Preservation/Disclosure
- You acknowledge, consent, and agree that Hepatify may access, preserve, and disclose Your account information, personal information, usage information, device information, communication records, payment-related information, User-generated content, or other relevant information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: a. comply with legal process, court orders, governmental requests, regulatory requests, law enforcement requests, or applicable law, whether nationally or internationally; b. enforce these Terms of Use, Our Privacy Policy, payment terms, subscription terms, fair usage policy, or any other applicable policy; c. respond to claims that any content, activity, account, or use of the Platform violates the rights of third parties; d. protect the rights, property, security, or personal safety of Hepatify, Viable Dreams, its proprietor, employees, contributors, partners, Users, subscribers, service providers, or the public; or e. act in accordance with Our Privacy Policy, including for communication, service delivery, security, fraud prevention, account administration, legal compliance, promotional communication, or other purposes permitted under applicable law.
21. Security Components
- You understand that the Platform, Hepatify App, Hepatify Website, software, Study Materials, Services, content, analytics, databases, and other materials accessible through the Platform may include security components, access controls, encryption, device checks, app integrity checks, session controls, watermarking, anti-piracy systems, rate limits, authentication systems, monitoring systems, and other technical protections. Use of the Platform, Services, and Study Materials is subject to usage rules and technical restrictions set by Hepatify. You shall not attempt to override, disable, bypass, circumvent, tamper with, manipulate, interfere with, or defeat any such security components, encryption, access controls, usage rules, or technical protections embedded in or used by the Platform, Website, App, or Services.
- You shall not introduce, upload, transmit, deploy, use, or attempt to introduce any program, routine, subroutine, exploit, vulnerability, malicious software, malware, virus, ransomware, worm, trojan, spyware, bot, automated script, corrupted file, harmful code, or data that is designed or intended to disrupt, damage, disable, interfere with, gain unauthorised access to, extract data from, monitor, scrape, overload, or impair the proper operation of the Platform, Services, software, systems, servers, databases, networks, user accounts, devices, or any other software, system, or data used by Hepatify or its service providers.
- In case of any violation or suspected violation of these security standards, We may suspend, restrict, block, or terminate Your account immediately, at Our sole discretion, and, if required, debar all future access by You to the Platform, without refund, subject to applicable law. We also reserve the right to take appropriate legal, technical, and remedial action to protect the Platform, Services, Users, Study Materials, and Our rights.
22. Proprietary Rights
- All materials on the Platform, including without limitation names, logos, trademarks, service marks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, source code, object code, databases, flashcards, MCQs, question banks, test series, explanations, notes, analytics, performance data structures, study schedules, algorithms, spaced repetition systems, user interface elements, designs, and any and all other elements, collectively referred to as “Material”, are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Us, unless specified otherwise. No Material may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, distributed, sold, resold, scraped, extracted, reverse engineered, or otherwise exploited in any way without obtaining Our prior written permission. Nothing on the Platform shall be deemed to confer any licence, right, interest, or title in or to any of Our intellectual property rights to You, except the limited right to access and use the Platform in accordance with these Terms of Use. We shall at all times retain full and complete title to the information, content, materials, software, technology, and all intellectual property rights on the Platform. Any intellectual property rights that belong to other owners are used by Hepatify after obtaining due permission, licence, or other lawful basis, where applicable. Any use of trademarks, logos, brand names, trade names, service marks, or other intellectual property belonging to Hepatify or Viable Dreams without prior permission and in the absence of due authorisation is strictly prohibited. Further, You recognise and acknowledge that the ownership of all trademarks, copyrights, logos, service marks, and other intellectual property owned by any third party shall continue to vest with such third party, and You are not permitted to use the same without the consent of the respective third party.
- You acknowledge and agree that all Material on the Platform is made available only for limited, personal, non-commercial, educational, learning, revision, and examination preparation purposes.
- You may not add, delete, distort, alter, tamper with, translate, adapt, scrape, extract, reverse engineer, or otherwise modify the Material. Any unauthorised attempt to modify any Material, defeat or circumvent any security feature, bypass technical restrictions, access restricted content, copy data, extract databases, or use the Platform or any part of the Material for any purpose other than its intended purpose is strictly prohibited and shall be considered a violation of these Terms of Use. Such actions may result in immediate account restriction, suspension, blocking, termination, denial of refund, and/or any other action that We deem fit, subject to applicable law.
- You agree not to engage in any activity which results in or may give rise to piracy, unauthorised reproduction, unauthorised distribution, unauthorised recreation, reverse engineering, scraping, database extraction, content theft, resale, redistribution, or sharing of any form of content, Material, Study Materials, software, data, or other materials available on the Platform or App. Any such action would require Our explicit prior written permission.
- Media, images, diagrams, illustrations, videos, or other materials used on the Platform that are not owned by Hepatify may be used with due permission, licence, attribution, contribution, or other lawful basis, wherever applicable.
- Any feedback, suggestion, idea, correction, improvement request, feature request, comment, review, or recommendation given by You to Us may be used by Us for product improvement, service improvement, content improvement, business purposes, and any other lawful purpose. You agree to grant Us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, adapt, modify, publish, distribute, display, and incorporate such feedback without any obligation to compensate You.
- By submitting, uploading, creating, saving, posting, or otherwise making available any content on or through the Platform, including but not limited to personal notes, annotations, custom flashcards, comments, feedback, doubt submissions, responses, explanations, tags, highlights, bookmarks, or other user-generated content, You grant Us a worldwide, non-exclusive, royalty-free licence, with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, host, store, and analyse such content for the purpose of operating, providing, securing, improving, and developing the Platform and Services, subject to Our Privacy Policy and applicable law. If You delete Your account, certain content, records, logs, anonymised data, aggregated data, or legally required records may continue to be retained or used in accordance with these Terms of Use, Our Privacy Policy, and applicable law.
23. Hepatify and Third Parties
- Any faculty, instructor, author, reviewer, editor, contributor, consultant, partner, or third-party expert whose content, explanation, review, contribution, or opinion is made available through the Platform may be an independent third party and not an employee of Viable Dreams, unless expressly stated otherwise. The professional, technical, academic, or educational information provided by such persons may represent their own academic views or contributions. Even though We may review content hosted as part of the Services on a best-effort basis, We disclaim warranties as regards the complete authenticity, correctness, completeness, or continued updated status of information communicated or contributed by such persons.
- The Platform may contain links to other apps, websites, platforms, tools, services, advertisements, affiliate partners, strategic partners, educational partners, payment providers, or other third-party resources. We are not responsible for examining or evaluating, and We do not warrant, the products, services, offerings, content, accuracy, policies, or practices of any such third-party businesses, individuals, websites, applications, or platforms. We do not assume any responsibility or liability for the actions, products, services, content, terms, or policies of such third parties. Before You access or visit any third-party app, website, or platform, You should review the applicable terms of use, privacy policy, and other policies of such third party. If You decide to access any such third-party platform, You do so at Your own risk. The hosting of such links or access to third-party content shall not, under any circumstances, be construed as Our endorsement of such third parties, and You shall not implead Us in any suit, claim, dispute, or proceeding involving You and such third parties.
- While We may make efforts to train or guide personnel, representatives, support staff, sales staff, service providers, contributors, or partners engaged in relation to Our Services, We make no warranties or representations regarding the conduct, quality, competence, statements, or independent actions of such personnel or third parties. We shall not be responsible for any unauthorised, deviant, misleading, or improper behaviour of any such person acting outside the scope of Our authorised instructions. We reserve the right and discretion to take appropriate action upon feedback from Users in this regard.
24. Intellectual Property Rights
- We provide You with a single, limited licence to use and access the Platform and Materials hosted as part of the Services on devices permitted by Us at the time of Your subscription or access, solely for the limited purpose of accessing the Platform, Services, Study Materials, flashcards, question banks, explanations, analytics, and associated educational materials. The licence is personal, revocable, limited, non-transferable, non-commercial, and non-exclusive. All content on the Platform, including but not limited to designs, text, graphics, images, information, logos, button icons, software, audio files, videos, flashcards, MCQs, explanations, notes, analytics, algorithms, databases, and any other similar content, is the exclusive property of Us or Our licensors, unless otherwise specified.
- All icons, logos, brand names, trade names, and marks associated with Hepatify or Viable Dreams are trademarks or proprietary marks of Us, unless otherwise stated. Unauthorised copying, modification, use, publication, distribution, or exploitation of these marks is strictly prohibited.
- All Material on the Platform, including images, illustrations, audio clips, video clips, diagrams, tables, flashcards, MCQs, explanations, notes, software, databases, third-party licensed images, and other materials, is protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for Your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, distribute, scrape, extract, sell, resell, mirror, frame, or otherwise exploit such Material in any way, including by email or other electronic means, whether directly or indirectly, and You must not assist any other person to do so.
- Without Our prior written consent, which may be granted or refused at Our sole discretion, modification of the content, use of the content on any other website, app, networked computer environment, social media platform, messaging group, public forum, private forum, file-sharing platform, cloud storage platform, or use of the materials for any purpose other than personal, non-commercial use is a violation of copyrights, trademarks, and other proprietary rights, and is prohibited.
- At all times, We and/or Our licensors remain the owners of the intellectual property in the Platform, Services, Study Materials, flashcards, question banks, explanations, notes, videos, software, algorithms, databases, and other materials. No course, Study Material, feature, content, database, software component, or any part thereof may be reproduced, stored in a retrieval system, transmitted, copied, scraped, extracted, redistributed, modified, reverse engineered, or exploited in any form or by any means without Our prior written permission.
- If You believe that any content, Study Material, user-generated content, image, text, note, flashcard, question, explanation, or other material available on the Platform infringes Your copyright, trademark, or other intellectual property rights, You may notify Us at [email protected] with the subject line “Intellectual Property Complaint”. Such notice should include sufficient details to identify the allegedly infringing material, the location of such material on the Platform, proof of Your ownership or authority to act on behalf of the rights holder, Your contact details, and a statement that You have a good faith belief that the disputed use is not authorised by the rights holder, its agent, or law.
- Upon receiving a valid complaint, We may review the complaint and take such action as We deem appropriate, including removal, restriction, disabling of access, or seeking further information from the complainant or the concerned User. We may also provide a copy or summary of the complaint to the User who uploaded or submitted the relevant material, where appropriate and permitted by law.
- If any User repeatedly uploads, shares, submits, or makes available content that infringes third-party intellectual property rights, or if We reasonably believe that a User has misused the Platform for intellectual property infringement, We may restrict, suspend, or terminate such User’s account and take such further action as may be available under applicable law.
25. Terms and Termination
- These Terms of Use shall remain in full force and effect for so long as You access or use the Platform or Services. You may discontinue use of the Platform at any time. You may request cancellation or termination of Your subscription or account through the support channels or account settings made available by Us, where applicable. We, however, may not offer any refunds because of Your termination, cancellation, or discontinuation of the Services, except as expressly stated in Our refund policy, payment policy, app store policy, or as required under applicable law.
- We reserve the right to terminate Your Services without prior notice. Your account or Your access to the Platform may be terminated immediately, with or without notice to You and without liability to You, if We believe that You have breached any conditions, restrictions, or limitations contained in these Terms of Use, the Privacy Policy, payment terms, subscription terms, fair usage policy, or any other applicable policy, or if You have provided false or misleading information, interfered with use of the Platform by others, caused or attempted to cause a security issue, engaged in misuse, or breached any applicable law.
- All content on the Platform, including but not limited to software, Services, Study Materials, flashcards, question banks, explanations, notes, analytics, and other materials included on or otherwise made available to You across all mediums, is provided on a limited-access basis, subject to permitted devices, permitted sessions, account restrictions, subscription terms, and fair usage limits, without any representations or warranties, express or implied, except where otherwise specified in writing. Without prejudice to the foregoing, Hepatify does not warrant that: a. the Platform will be constantly available; or b. the information made available through the Services on the Platform is complete, true, accurate, error-free, or fully up to date.
- We are not responsible to You for any data that You lose, including but not limited to data lost as a result of accessing or using the Platform, Services, Study Materials, flashcards, notes, analytics, downloads, cached content, account features, or any other feature, or otherwise during the course of Your subscription or use of the Platform. It is Your responsibility to ensure that You regularly save and back up all data which You hold on Your mobile phone, computer, tablet, or other device from which You are accessing the Services, and all data that You input, create, upload, save, annotate, or store while using the Platform, to the extent such backup is technically available to You.
- We will not be held responsible for any delay or failure to comply with Our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond Our reasonable control.
- Each provision in these Terms of Use shall be construed separately as between You and Us. If any part of these Terms of Use is held to be unreasonable, inapplicable, invalid, or unenforceable, but would be valid if some part thereof was deleted or modified, such provision shall apply with such modification as may be necessary to make it valid and effective, and the remaining provisions shall continue in full force and effect.
- The Platform, Services, Study Materials, flashcards, question banks, explanations, notes, analytics, and other content are for personal learning, knowledge enhancement, revision, and examination preparation purposes only. We do not accept any responsibility to any party for the use of the Services or the contents of the Study Materials for any purpose other than educational preparation, including but not limited to giving advice, medical advice, academic advice, professional advice, treatment advice, or any other guidance by You to any third party.
- We shall not be responsible for any claims that may arise as a direct or indirect consequence of any third party placing reliance on, or acting upon, information obtained as part of the Services, or any advice, explanation, interpretation, opinion, or guidance provided by You to any third party based on the Study Materials, Platform content, Services, analytics, or any other feature.
26. Exclusions and Limitations
- The Platform and Services are intended to be used primarily within the jurisdiction of India. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You. Nevertheless, all other provisions of these Terms of Use shall remain in full force and effect.
27. Indemnity
-
You agree to defend, indemnify, and hold Us harmless, including
Viable Dreams, Hepatify, its proprietor, employees, consultants,
contractors, contributors, representatives, agents, affiliates,
partners, licensors, and service providers, from and against any
and all claims, damages, obligations, losses, liabilities, costs,
or expenses, including but not limited to attorneys’ fees and
costs, arising from:
- Your use of and access to the Platform; b. third-party claims by persons who rely on Your representations, advice, explanations, or guidance based on information made available through Our Services;
- Your violation of any condition, obligation, restriction, or requirement under these Terms of Use, the Privacy Policy, payment terms, subscription terms, fair usage policy, or any other applicable policy; or
- Your violation of any third-party right, including without limitation any copyright, trademark, intellectual property right, property right, privacy right, publicity right, confidentiality right, or data protection right.
- This defence and indemnification obligation shall survive these Terms of Use and Your use of the Platform.
- In no event shall Viable Dreams, Hepatify, its proprietor, employees, consultants, contractors, contributors, representatives, agents, affiliates, partners, licensors, or service providers be liable to You or any third party for any special, incidental, indirect, consequential, exemplary, punitive, or remote damages whatsoever, including those resulting from loss of use, loss of data, loss of profits, loss of opportunity, academic loss, professional loss, examination loss, or any other claim arising out of or in connection with Your use of, or access to, the Platform or Services, subject to applicable law.
28. Additional Terms
- We reserve the right at any time to modify, edit, delete, suspend, withdraw, restrict, replace, or discontinue, temporarily or permanently, the Services or Platform, or any portion thereof, with or without notice, subject to applicable law. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension, withdrawal, restriction, replacement, or discontinuance of the Platform or Services. All prices are subject to change without notice, subject to applicable law.
- These Terms of Use and any rights and licences granted hereunder may not be transferred or assigned by You. We may assign, transfer, subcontract, or delegate Our rights and obligations under these Terms of Use to any successor, affiliate, service provider, purchaser, transferee, or other entity in connection with business restructuring, transfer, merger, acquisition, conversion, incorporation, sale, or continuation of business, subject to applicable law.
- These Terms of Use, together with the Privacy Policy, payment terms, subscription details, pricing tables, refund policy, fair usage policy, and any other legal notices or policies published by Hepatify on the Platform, shall constitute the entire agreement between You and Us concerning the Platform and shall govern Your use of the Services and Platform, superseding any prior agreements, communications, understandings, or representations between You and Us with respect to the subject matter covered in these Terms of Use.
- Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.
- These Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute, claim, matter, or proceeding arising out of or in relation to these Terms of Use, the Platform, the Services, or Your use thereof shall be subject to the exclusive jurisdiction of the competent courts located in Coimbatore, Tamil Nadu, India.
- Hepatify Security Reporting: If You have found a security-related bug, vulnerability, risk, exploit, or suspected security issue in the Hepatify product, Platform, Website, App, or Services, please report the same to [email protected].
- The headings used in these Terms of Use are for convenience only and shall not affect the interpretation, meaning, scope, or construction of any provision. Nothing in these Terms of Use shall be construed as creating any rights or benefits in favour of any third party, except where expressly stated otherwise.
29. Grievances
- In case of misuse, suspected misuse, breach, suspected breach, security concern, account sharing, piracy, fraud, or any other violation of these Terms of Use, We may temporarily or permanently restrict, suspend, block, or terminate the access of the User, with or without prior notice, subject to applicable law.
- 2We are entitled to take appropriate legal, technical, remedial, or enforcement action as We deem fit in case of any breach or violation of the terms and conditions set forth herein. The competent courts located in Coimbatore, Tamil Nadu, India shall have jurisdiction to decide any dispute arising out of or in relation to such breach, violation, dispute, or claim.
- In case of any grievance arising from the use of the Platform or Services, please contact Us at [email protected] or call Us on +91
- All notices related to grievances shall be sent in writing to the registered office or principal place of business of Viable Dreams, or through such other contact mechanism as may be made available by Us on the Platform.