2.1. Users should note that the Information Collected including Personal Information shared with the Company shall be primarily processed in India but may be processed in such other jurisdictions where a third-party engaged by the Company or its Business Partner(s) may process the data on the Company’s behalf in accordance with applicable laws. You acknowledge and accept that data protection regulations in India or such other jurisdictions mentioned above may differ from those of Your country of residence. However, We will on commercially reasonable basis require Our Business Partners and any other third-parties We engage and license to process the Information Collected that they adopt reasonable security standards to safeguard Your information/data in accordance with this Privacy Policy equivalent to the security standards maintained by Us under applicable laws.

2.2. By agreeing to this Privacy Policy, You provide the Company with Your explicit consent to collect, share and process Your Information Collected for the purpose(s) defined in this Privacy Policy. In case You have any concerns in the processing of Your Personal Information (including Your Sensitive Personal Information), please reach out to Our Grievance Officer in the manner specified in Clause 10 in this Privacy Policy.

3.1. In the course of providing Services to You through the Platform and through Your use of the Platform, You acknowledge and accept that We may collect User Data, Personal Information, Sensitive Personal Information and other types of information listed herein below (collectively, the “Information Collected”) from the User in the following ways: (i) as information voluntarily supplied by User via the Platform including through their interaction with OpenCura through use of the Services; (ii) as information automatically collected, processed and/or tracked during Users navigation/activity on the Platform; and/or (iii) as communicated directly to Us via e-mail or any electronic mode. You consent to Our collection, use and processing of the Information Collected in accordance with this Privacy Policy and for purposes specified herein.

3.2. It is clarified that Your Personal Information (including Your Sensitive Personal Information) is not retained or stored by Us by default. We retain Your Personal Information to the extent required for our business operation or compliance with applicable laws in the event You opt to create and maintain an Account on the Platform. We retain only relevant portion of Personal Information of Users as is necessary for Us to carry out Our business operation, including to facilitate the Services and fulfill the purposes set out herein, in accordance with applicable laws and this Privacy Policy. For further information regarding how We store and secure Your information, please refer to Clause 7 of the Privacy Policy.

3.3. Personal Information. We may collect Personal Information such as Your name, date of birth, gender, photograph, contact information (such as Your mobile phone number and e-mail or both) demographic information and Your geographic location, at the time of Your registration on the Platform or at any time during the process You avail the Services. In addition, We may collect account and authentication-related information, including user IDs, password (hashed), OTP or verification status, and related timestamps. This type of information is primarily used for the purpose of creating and maintaining Your User Account with Us, assessing Your eligibility for the services and to provide You with access to the Services on the Platform. Where relevant (in case You avail Our Paid Services) We may use geographic and demographic information to tailor responses or suggestions that are most appropriate to the User's location and demographic. We may also use such information to verify Your identity, authenticate your Account, to maintain security and operation of the Platform along with Our internal analytics and archiving purposes.

3.4. Content. We may further collect and process certain content (including Personal Information) that You voluntarily provide in the input to our (interactive chat) Services (in relation to OpenCura), during the provision of Services, including content like prompts select images, files and audios (to the extent required for the Services) as available on Your device (“Content”) upon taking Your prior consent to access such data. We collect and process such information to facilitate the provision of the Services (such as to provide responses including generating health symptom assessments, identifying potential next steps based on Our medical information sources and to share general responses to health queries) and to enhance your experience on the Platform. This type of information is primarily processed for the purpose of furnishing responses or inputs to provide general health and wellness guidance depending upon the queries, comments, and other Content shared by You.

3.5. Sensitive Personal Information. Users should note that the Personal Information which We access and process about You on the Platform for the purpose of the Services may include certain Sensitive Personal Information in the form of Health Information and Payment Information. It is reiterated that the type of Sensitive Personal Information We Collect from Users depends on their Service Tier. If You opt for Our General Services, You understand and agree that We will collect and process any Health Information You provide Us as part of the Content along with other Personal Information. Further, if You opt for Our Paid Services, You understand and agree We will collect and process Your Payments Information for the purpose of processing Your request for subscription or maintaining and managing Your subscription to any Paid Services made available on the Platform. We do not collect or process Your Sensitive Personal Information except as expressly provided herein.

3.6. Please note that applicable Business Partners that the Company engages for payment processing services may also collect and process certain Payments Information and Personal Information that You choose to provide for the purpose of facilitating payment transactions initiated by User in connection with the Paid Services on the Platform. Users should note that such information (as You provide to Our Business Partners) will be processed by Our Business Partners subject to third-party terms and policies independently maintained by them, which will be applicable to the User in addition to these Terms and Privacy Policy. In providing such Payment Information, User understands, acknowledges and agrees to be bound by such applicable terms and policies maintained by Our Business Partners.

3.7. User Data. We may automatically collect usage-related information and technical data relating to Your hardware devices and Your usage of the Platform when You access or register on the Platform for our Services. For example, when You utilize Our Platform, We may collect technical data and information about the type of device You use, the operating system and browser You use, Your IP address and Your geographic region/location. Further, We specifically collect information about the version of Platform being used by You, Your system language, screen size, network type (Wi-Fi/cellular) carrier. We may also collect select information about Your activity on the Platform including usage analytics (such as screens or pages viewed, clicks or taps, feature usage, session start and end times, duration, and referrer or UTM data), login and security signals (including failed login attempts and fraud or abuse indicators), and reliability logs (such as crash reports, error codes, and performance or latency metrics). We use cookies and similar technologies to operate and administer our Services and improve Your experience. (collectively, “User Data”). We may combine this User Data with other information, including Personal Information We have collected about You for maintenance and/or recovery of Your Account, in order to provide or enhance the Services and to offer features and functionalities on the Platform, including to prevent fraud, illegal activity, or misuses of our Services. We also use the information for session management and maintain security of our systems and Services.

3.8. Communication. We collect Personal Information comprising of Your name and phone number for the purpose of communicating with You (“Communication Data”). When You provide Us with the Communication Data, You understand and agree that We may reach out to You using such Communications Data.

If You reach out to Us and contact the Company through any communication mode, We may collect communications exchanged between You and the Company and related information provided by You (such as contact details associated with such communication and the contents of such communication along with any forms, files, data or information or documents You send to Company in accordance with this privacy Policy. It is clarified that where the User communicates with Us to provides feedback or grievances to Us in accordance with the Terms or this Privacy Policy, any information (including contents of the message) provided in such communication by User will be collected and processed by Us for the purpose of responding to the User, resolving Your queries and rendering Services and/or offering use of the Platform. We collect and process information that You choose to share with Us as part of Your communication with Us strictly for the purpose of offering You Services and improving Platform offerings in accordance with the Terms.

3.9. It is reiterated that We use the Information Collected (including the Personal Information and the Sensitive Personal Information) via the Platform and Services in the manner mentioned in the Privacy Policy. Except for the disclosures made in the Privacy Policy, We do not disclose or share the Information Collected (including Your Personal Information and Sensitive Personal Information) in any manner whatsoever. We do not sell or publish Your Personal Information and Sensitive Personal Information in any way.

3.10. You acknowledge and accept that We are not responsible for the authenticity of any Information Collected, including the Personal Information and Sensitive Personal Information that You provide to Us. You are solely and exclusively responsible for providing Us with information about Yourself that is true, authentic, and correct in all aspects and particulars. If You provide inaccurate or false information to Us, You shall be liable to indemnify and hold harmless the Company (and its officers, directors, contractors or agents and any third party relying on the information provided by You) in the event You are in breach of this Privacy Policy.

3.11. Correction, Update and Amendment of Information Collected: You shall have the sole responsibility to intimate Us and request correction of inaccurate Personal Information maintained by the Company about You. You may intimate Us in this regard by reaching out to Us using the relevant contact details listed on the Platform. Upon receipt of a verifiable request from You, We will use commercially reasonable efforts to correct the inaccurate Personal Information taking into account the nature of the information, the purposes of the processing and applicable laws and regulations. Further, Users shall also have the option to independently review, correct and update (as may be required) the Information Collected in relation to the User by accessing the relevant settings and options made available in their Account.

4.1. While We have implemented commercially reasonable physical, managerial, operational and technical security measures (as detailed herein below) to protect against the loss, misuse and alteration of Information Collected and to preserve the integrity and security of the Personal Information (including Sensitive Personal Information) in Our care, the User acknowledges and accepts that Information Collected on the Platform may be transmitted to third-party data servers for the purposes mentioned herein below and processed subject to the terms and policies of such data server.

4.2. We transmit certain Information Collected, including select Personal Information, with Our Business Partners in the manner and for the purposes elaborated hereinafter in Clause 5. Principally, We and Our Business Partners may share and process User's Payments Information to the extent required to facilitate transactions on the Platform and provide or maintain Your subscription (as may be applicable) for Our Paid Services.

4.3. You acknowledge and accept that We may disclose Your Personal Information (including Payments Information) as We may deem necessary in the manner mentioned herein i.e. by sharing such information with Our Business Partners who are responsible for fulfilling facilities including processing subscription related payments requested by Users in connection with Services on the Platform. It is clarified that any transfer or disclosure of Your Personal Information to third parties in the manner mentioned herein will only be done by the Company upon ensuring the relevant third party receiving such information has implemented an equivalent or higher level of security practices as We have in the manner mentioned herein in accordance with statutory requirements.

4.4. Other than as specifically stated in this Privacy Policy, We will only disclose Your Personal Information in the event it is required to do so by applicable law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements applicable to Us or if We, per Our sole discretion, deem it necessary in order to protect Our rights or the rights, property or personal safety of others; respond to claims, to prevent harm to persons or property, or to enforce or apply the Privacy Policy or Agreement, as and when deemed necessary. All transfers or disclosure of Your information pursuant to this Privacy Policy and the Agreement will be undertaken for lawful purposes only.

5.1. We use and process the Information Collected including Your Personal Information, Sensitive Personal Information and User Data along with other information as shared and allowed to be stored by You along with the information as available in or linked with Your Account to facilitate Your use of Our Services. It is reiterated that the type of Personal Information We collect and process from Users depends on the Service Tier You opt to access or avail on the Platform and whether or not You opt to create an Account on the Platform.

If You use or access any of Our Services without creating an Account on the Platform, and submit any of the information mentioned in this Clause on the Platform (such as by providing Content to the OpenCura AI for purpose of seeking response therefrom), You hereby understand and consent to the collection and processing of Your Personal Information in accordance with this Policy. In case of unregistered Users, it is re-iterated that We will only collect and process Your information to the extent required to fulfill the Services (and provide responses to the queries shared by You to the OpenCura AI). In case of unregistered Users, it is re-iterated that We will only collect and process Your information to the extent required to fulfill the Services (and provide responses to the queries shared by You to the OpenCura AI). We do not retain Your Personal Information (such as Your chat history with OpenCura) in the event that You do not register for Our Services by creating an Account on the Platform. Please refer to Clause 7 of the Privacy Policy for more information regarding Our data retention practices.

5.3. Depending on the Service Tier i.e. whether You opt for General Services or Paid Services, You acknowledge and agree that We (and Our Business Partners including third-party data processors, vendors and hosting partners who may be engaged and authorized by Us and acting on Our behalf) may also collect and process Information Collected for the following reason(s):

5.4. We may disclose Your Personal Information as part of any merger, sale of the Company assets or acquisition, as well as in the event of insolvency, bankruptcy or receivership upon prior written intimation to You.

5.5. Our Platform may contain links to third party websites or applications. The User agrees and understands that these website(s) and application(s) are not under Our control and subject to additional and separate terms and policies. The User acknowledges and accepts that once the User leaves Our Platform, use of any information provided by the User will be governed by the privacy policy and terms of the operator of these third-party website(s) and application(s).

5.6. Irrespective of the Service Tier, when You register on the Platform and access any of Our Services, We may process and anonymize certain Personal Information you provide in the manner outlined in Clause 1.10 of this Privacy Policy.

6.1. Subject to the Privacy Policy, You acknowledge and accept that Your Information Collected shall be disclosed, transferred and shared with the parties mentioned herein below who are responsible for fulfilling Services (including payments processing and relative functionalities) requested by Users on the Platform in accordance with the Privacy Policy. You further acknowledge and accept that while making use of Our Platform, You authorize Us to share Your Information Collected with the said parties in the manner described below.

6.2. We may share Your Personal Information (including Sensitive Personal Information such as the Payments Information) with Our Business Partners for purpose(s) defined under this Privacy Policy in the course of Your transactions and use of Services on the Platform. Except for Our Business Partners, We do not disclose or transfer Your Personal Information to any third parties without Your prior consent except in limited and specific circumstances where such disclosure is mandatory, as elaborated herein.

6.3. Where relevant for fulfillment of Services, We may share Your Personal Information (including Sensitive Personal Information) with Our Business Partners, who are contractually bound to safeguard the confidentiality and security of such information in accordance with applicable laws and this Privacy Policy. We may share Your Personal Information as well as Your non-personal information (such as Your User Data) with Business Partners that We work with for facilitating the Services as well as other associated business activities/facilities/transactions including not limited to payments, communication, consumer support, marketing, data and information storage, transmission, security, analytics, audit, investigation, forensics, fraud detection, risk assessment in the manner permitted under law on a need-to-know basis.

6.4. We re-iterate that other than is specifically stated in this Privacy Policy, We will only share Your Personal Information (including Sensitive Personal Information) in the event it is required to do so by applicable law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements applicable to the Company or where Company, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, or to enforce or apply the Privacy Policy and Agreement, as and when deemed necessary under applicable laws. We may share Your Personal Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to court orders, or for other legal process. We may share Your Personal Information with government or judicial or other competent legal bodies (such as law enforcement agencies) in the good faith belief that such disclosure is reasonably necessary to enforce Our Agreement, respond to claims or orders or notices or other lawful requisitions or for other compliance with applicable laws and regulations. Such transfer or disclosure shall be for lawful purposes and made subject to applicable laws in India.

6.5. We do not share Your Personal Information (including Sensitive Personal Information) with Business Partners for any other purposes except as may be necessary for the fulfillment of their part of Services or as mentioned in this Privacy Policy. However, User accepts and acknowledges that Personal Information may be collected directly from User and processed by Our Business Partners to render payment and transactions services in connection with Our Services. You agree and acknowledge that in respect of any information as You may provide to Our Business Partners (such as payment partners) shall be processed by them as independent data fiduciaries, and such processing may also be subject to separate terms and privacy policies. If You choose to avail any services offered by said parties, the services or facilities so availed will be governed by the terms and conditions of the privacy policy of the respective party providing such services per the Agreement.

6.6. We disclose Your Personal Information (including Sensitive Personal Information) subject to lawful contract and applicable statutory requirements such as for the purpose of or as part of any merger, sale of the Company assets or acquisition, as well as in the event of insolvency, bankruptcy or receivership upon prior written intimation to You.

6.7. In the interests of improving personalization and service efficiency, We may, under controlled and secure circumstances, share Your Personal Information with select customer support and marketing Business Partners. This will enable Us to provide You with information which might interest You in relation to the Services; or help Us address Your questions and requests in relation to Your use of the Platform.

6.8. If the Company's assets are acquired, Users should note that Our customer information (including Your Personal Information) may also be transferred to the acquirer depending upon the nature of such acquisition in accordance with this Privacy Policy. In relation, as part of business expansion/development/restructuring or for any other reason whatsoever, if We decide to sell/transfer/assign Our business, any part thereof, then as part of such restructuring exercise Our customer information (including the Information Collected herein) shall be transferred accordingly in accordance with this Privacy Policy.

6.9. We do not sell User's Personal Information to any advertisers or any third party. We may, however, use User's Personal Information to display relevant advertisements on the Platform, based on Your preferences.

6.10. Third Party Software.The Platform and Our Services may contain third party software such as application programming interfaces (APIs) and open-source solutions (“Third-Party Software”), which are governed by additional terms and conditions maintained by independent service providers. When You accept this Privacy policy, utilize the Services and/or access the Third-Party Software, You are also additionally accepting the independent terms and conditions of the providers of the Third-Party Software, which may access and process any Personal Information You provide as independent data controllers.

7.1. For Users accessing General Services offered on the Platform (related to OpenCura) without registering and creating an Account, it is reiterated that Information Collected is processed only for the purpose of providing General Services. At the outset, as part of General Services, it is clarified that We collect and process Your Personal Information (including SPI such as Health Information) as provided during Your chat session with OpenCura for the purpose of generating response to Your queries in the manner outlined herein. The information You provide during the course of availing General Services without registering or creating an Account is not stored or retained by Us but is processed in real time solely for the purpose of responding to your queries and providing Services. We collect and process such information for the duration of each active chat session You initiate using Our Services for the purpose of providing responses during such chat session and We delete/erase such information once the chat session is concluded by the User. We do not retain the Personal Information of unregistered Users except where necessary for security, legal compliance, or system integrity and security monitoring.

7.2. For Users who are accessing the General or Paid Services offered on the Platform upon registering and creating an Account on the Platform, We retain, store and process Information Collected including the Content and Personal Information and certain SPI such as Health Information and Payment Information as You may provide Us for the purpose of maintaining Your Account, personalizing Your Account and archiving Your chat history to enable continuity of use, managing Your subscription with Us and/or for any of the purposes described in Clause 5. Your information is stored and processed strictly as is necessary for the business purposes which are elaborated herein. We will typically retain or store Your Information Collected only for so long as is required for provision or facilitation of Services or to maintain Your Account with Us. We may retain the Information Collected for a longer duration where prescribed under statute or by a statutory authority, for the purpose of undertaking compliance under applicable laws.

7.3. The security of Your Personal Information is important to Us. Personal Information (including SPI where applicable) that is collected on Our Platform is securely transmitted to Our internal computer servers and to the Render (Service Provider), Supabase servers to ensure secure storage of data and is securely stored with Us and our relevant Business Partner (subject to applicable services policies of such Business Partner). The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. We implement commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration of the Personal Information in Our possession. We take necessary precautions to protect Your Personal Information both online and off-line and implement reasonable security practices and measures that are commensurate with respect to the information being collected and the nature of Our business in accordance with legal and industry standards and the applicable laws.

7.4. Although We make best possible efforts to store Your Personal Information in a secure operating environment that is not open to the public, the User acknowledges and agrees that there is no such thing as complete security, and We cannot guarantee safety or security of Your information as events beyond Our control can also occur, both during transmission of Your information and once We receive it. If We become aware that there has been any unintended disclosure of Your Personal Information in a manner not in accordance with this Privacy Policy, We will use reasonable efforts to notify such User of the nature and extent of such disclosure as soon as reasonably possible and as permitted by law. We encourage the User to follow certain security measures on their part, including: if using a computer in a public location, to always log out and close the website browser when You complete Your online session; keep Your Account details and passwords private; frequently change Your password; and avoid using the same password for multiple online accounts.

7.5. Tenure of Storage and Retention: We retain Your Information Collected for as long as is reasonably necessary to fulfill the purposes listed in this Privacy Policy so as to provide You with access to Our Services and Platform. You acknowledge, accept and understand that the Company will retain Your Personal Information including Your Sensitive Personal Information (where applicable) on its servers for as long as-is reasonably necessary for the purposes listed in this Privacy Policy. Please note that We may retain Your Personal Information (including Your Sensitive Personal Information) for longer periods of time, only where necessary, such as for instance where We are required to do so in accordance with any legal, regulatory, tax or accounting requirements.

7.6. The User acknowledges and understands that the third-party storage servers utilized by Us are subject to additional and separate terms and policies of their operators which may be applicable to the User. You acknowledge and agree that We may retain Your Personal Information in the manner mentioned in this Privacy Policy for the purpose of the Services and in accordance with any legal, regulatory, tax or accounting requirements.

8.1. Users are encouraged to communicate any grievances regarding User’s Personal Information (including Sensitive Personal Information) to Our Grievance Officer in writing by using the applicable contact details set out at Clause 10 of this Privacy Policy. In case the User opts to decline to provide consent or withdraw any consent granted to Us in respect of collection or processing of the User’s Personal Information (including Sensitive Personal Information) or request deletion of any of the Information Collected, the User acknowledges and agrees that such action may interfere with or render it impossible for Us to continue offering You the Services (or to offer You any additional Services) and We may be forced to limit, suspend or terminate Your access to the Platform and/or the Services.

8.2. User hereby agrees and acknowledges that We shall not be held liable in any manner whatsoever if We are unable to perform Our Services or if there is a deficiency in the Services provided by Us due to any Information Collected which You provide to Us which is incorrect (in whole or in part) or due to any withdrawal of consent. User acknowledges and agrees to indemnify and hold Us and/or Our employees, consultants, directors, representatives and/or associates, etc. harmless from any complaints, legal proceedings or claims filed or initiated by any third party against Us due to any breach by the User of the terms of this Privacy Policy.

8.3. We provide Users with the opportunity to opt-out of receiving non-essential (promotional, marketing related) communications from Us (on behalf of Our Business Partners, and from Us in general) after setting up an Account by writing to Us at the relevant contact details listed on the Platform or by accessing the relevant settings and options made available in Your Account. To the extent We use Your Personal Information to market to You, We will provide You the ability to opt-out of such uses. In case, You choose to opt-out in this manner, You understand and acknowledge that Your access to the Platform may be limited, or We might not be able to provide the Services (in whole or in part) to You.

8.4. We re-iterate that in case You have any concerns in the collection and processing of Your Personal Information or any relative consent or permission You have granted Us in this regard, please reach out to Our Grievance Officer in the manner provided in this Privacy Policy.

9.1. You acknowledge and accept that the Company may update this Privacy Policy at any time, with or without advance notice. In the event there are changes in the way Company treats User’s Personal Information (including Sensitive Personal Information) or in the terms of Privacy Policy itself, Company will display a notice on the Platform or send Users a notification (via e-mail or other electronic mode) as provided for above, so that You may review the changed terms prior to continuing to use the Services.

9.2. If You object to any of the changes to Our Privacy Policy, and You no longer wish to avail the services, You may contact Us at ceo@opencuraai.com to deactivate Your Account or You may deactivate Your Account Yourself by accessing the relevant settings and options made available in Your Account. Further, You may contact in the manner specified in Clause 10 herein for any other grievances or issues related to the collection of Your Personal Information under this Privacy Policy. Unless stated otherwise, Our current Privacy Policy applies to all information that the Company has about You and is associated to Your Account with Us. If a User uses the Platform, after a notice of changes published on the Platform, such User hereby consents to the changed terms.

In case You have complaints, queries or concerns pertaining to the Privacy Policy or our use of Your Personal Information, (including Sensitive Personal Information), You can direct any questions or complaints to Us by contacting Our designated grievance officer (“Grievance Officer”) in writing via e-mail or post using the contact details mentioned herein below. Any communication pertaining to any discrepancies, points of concern or grievances as regards the Privacy Policy and any complaints, abuse or concerns with regards to content and/or breach of the terms herein must be immediately informed to the Grievance Officer (using the contact information mentioned below) in writing. The Company shall not be responsible in the event that You address any communication to any non-designated person in this regard.
Name: Mr. Aryaman Singh Kohli.
Office Address: 2580 Bancroft Way, Berkeley, CA, 94704, USA & 3818, Sarai Phoos, Tis Hazari, Nawabganj, New Delhi, 110054, India
Email Address: ceo@opencuraai.com
You are expected to provide the Grievance Officer with all necessary information and/or documents to enable the Grievance Officer to resolve the issue. We shall not be responsible in the event of Your failure to provide Us with such reasonable information and documents as We may necessarily require to address Your grievance. The grievances received under this paragraph shall be dealt with in adherence to the timelines specified under the Information Technology Act, 2000 and the applicable rules notified thereunder.
While We will investigate and attempt to resolve any queries regarding the use or disclosure of Your Personal Information as soon as possible, occasionally it may take Us longer to respond to You, if Your request is particularly complex or You have made a number of requests. In this case, We will notify You and keep You updated.nce to help you make sense of health questions clearly and responsibly.