Terms & Conditions

These Terms and Conditions of Use ("Terms") concern the use and access to OpenCura, an AI powered chatbot, that is made available through the Platform (defined below) as part of Our Services ("OpenCura" or OpenCura AI). The Platform is operated by UnisonHealth Corporation (the "Company", "We", "Us") and is made available to Users through Our website located at OpenCuraAI.com ("Website") and mobile application(s) ("Application" or "App") under the name "OpenCura" (collectively "Platform"). OpenCura AI is well-trained on comprehensive data sources including without limitation reliable anonymized data and records and information responsibly sourced from official Business Partners in line with Our Terms, reputed third-party clinical studies, systematic reviews, journals, general medical guidelines and similar information available in the public domain. For more information regarding how We train OpenCura AI and Our data anonymization practices, please refer to Our Privacy Policy (as defined herein).

For the purpose of these Terms, wherever the context so requires, "You", "Your", "Yourself" and/or "User(s)" (as further defined below) shall mean any natural or legal person(s) who accesses, views or visits the Platform and accesses or participates in the Services offered on the Platform and registers or provides any information on the Platform, irrespective of whether such person constitutes an individual, company or other entity. Any titles or headings inserted in these Terms are for convenience only and shall not affect the interpretation of the provisions of the Terms.

Users understand, acknowledge and agree that the Company is the exclusive owner of the Platform, and these Terms govern Your access and the use of all features, content, related activities and other services that We own, control and make available through the Platform and any other applications, tools, products, and services that We may provide from time to time (collectively, "Services" as elaborated hereunder). By visiting or accessing the Platform, opting to register and create an Account on the Platform or otherwise using or accessing OpenCura AI and availing Services made available by the Company (with or without an Account), whether impliedly or expressly, You acknowledge and accept these Terms and enter into a binding contract with Us.

We encourage and advise all Users to read and understand these Terms prior to making use of the Platform and the Services. Your use of, and access to, the Platform and Services is subject to these Terms. Any usage of the Platform or Services in any manner whatsoever shall be governed by these Terms read with the privacy policy published on the Platform ("Privacy Policy") or any other policy which may be published on the Platform (collectively "Agreement"), and Users shall be subject to and bound by the same, regardless of how the Users, or anyone on the User's behalf, has accessed or used the Platform or Services. The capitalized terms not defined in the Terms shall have the meanings ascribed to them in the Privacy Policy and/or Agreement governing Your use of the Platform.

For the purposes of these Terms, in addition to any words, expressions or terms expressly defined in the introduction and in the text of these Terms, any references to the following terms, words and expressions, wherever used in these Terms, unless repugnant to the meaning or context thereof, shall have the following meanings:

1.1. Each User acknowledges and accepts that if the relevant User provides any information that is untrue, inaccurate, not current or incomplete as part of the User Information, and/or We have reasonable grounds to suspect that any information provided by the relevant User is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We have the right, at Our sole discretion, to (i) request You to promptly update or correct such User Information; and/or (ii) immediately and indefinitely suspend Your Account (if created), block Your access to the Platform, terminate and/or delete Your Account (if created) and/or refuse to provide any current or future Services to You, as may be offered on the Platform. If We are not satisfied with such verification or discover any non-compliance by a User, (such as User operating multiple accounts) We reserve the right to take suitable action against the User in accordance with these Terms, including but not limited to refusing the Services and/or the registration of an Account (as applicable) by such User, or cancelling such User's Account (if created), or taking suitable legal action under the Applicable Law, in its sole discretion.

1.2. Where You opt to create an Account with Us, You are solely responsible for security of Your Account, and ensuring that Your Credentials are not compromised, shared with anyone, or mishandled. Any loss resulting from the unauthorized use of Your Credentials is Your responsibility alone. If You suspect that an unauthorized person has become aware of Your User Credentials, You must change Your User Credentials forthwith and immediately contact Us for assistance. You are further responsible for ensuring Your compliance under the Terms or any other applicable Agreement of the Platform, including maintaining the security and confidentiality of Your Account (if created) and User Information, and Your activity on the Platform, including all and any activities that take place in, or occur under, or are associated with Your Account (as applicable), and any consequences thereof. User(s) acknowledge and accept that the account/Services shall not be used for any purposes which are prohibited under the Applicable Law, the Terms, or any other applicable Agreement of the Platform. We shall not be liable for any repercussions, legal or otherwise, including loss or damage arising from a User(s) failure to comply with the same. We shall not be responsible for any unauthorized use of Your Account (if created) in any manner whatsoever.

1.4. We do not publish and We do not permit Our Users to upload (for publication) any unlawful information or content which is prohibited under these Terms or Agreement or any law for the time being in force, including any content which is or is likely to be perceived as being harmful to interest of sovereignty and integrity of any country, security of India, friendly relations with foreign states, public order, decency or morality, amounts to contempt of court, defamation, incitement to an offence etc. Upon actual knowledge that any such information or content has been provided on the Platform, We shall have the right to promptly remove the same. Further, in such case and in any other case of any violation of these Terms, We have the right to take appropriate action against the User at Our discretion in accordance with the law. You shall be given reasonable and adequate opportunity to dispute the action being taken by addressing Your requests and complaints to Our Grievance Officer in accordance with Our grievance redressal mechanism (detailed hereinafter).

1.1. You expressly acknowledge and agree that You are solely responsible for verifying any information obtained through the Services with a licensed healthcare provider. The Services do not establish a doctor-patient relationship between You and the Company. The Company does not guarantee the accuracy, completeness, or reliability of any output received from the Services. You agree not to rely on the Services as Your sole source of medical information and not to make significant health decisions without consulting a qualified healthcare professional. Any delay in seeking appropriate medical care based on the Services is at Your own risk and option.

1.2. We reserve the right to add, amend or discontinue, temporarily or permanently, any of Our Services (or any part thereof) offered through the Platform or the design and functionality of the Platform, at any time, with or without notice and/or reason(s) in Our sole and absolute discretion. Users agree that We shall not be liable either to User or to any third party for any modification, suspension or discontinuance of any of the Services or participation in the Services including without limitation any failure of performance, inaccuracy, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

1.3. You acknowledge and accept that despite Our efforts, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Platform and/or Services may operate slowly from time to time. You further acknowledge and accept that due to circumstances, within and outside Our control, access to the Platform and/or Services may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, We shall not be liable for the effects any delay or unavailability of the Platform and/or Services may have on You and/or Your Account (if created), or for any damages arising from any such interruption, suspension, or termination of the Platform/ Services. We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect Your computer or other equipment, or any phishing, spoofing, or other attack and We advise You to make regular use of a reliable virus and malware screening and prevention software to guard against the same.

1.4. You agree and acknowledge that the Platform and Services is licensed and/or provided hereunder on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied conditions and warranties of fitness for a particular purpose to the extent permitted by the Applicable Law. Except as explicitly set forth herein, neither We nor Our authorized representatives (including agents, permitted successors and assigns ('Representatives') make any warranties of any kind, either expressed or implied, including, without limitation: warranties of merchantability or fitness for a particular purpose related to the use of Platform and/or Services; or that the same are accurate, error-free, reliable, uninterrupted, that defects will be corrected; or the completeness, accuracy, availability, timeliness, security or reliability of the Platform and/or Services or the functionality of thereof, or other use or consequence of the use of Platform and/or Services.

1.5. We will not be liable for or responsible for the consequences of any transactions made or entered into by You with for third party services on the Platform. We are not responsible for Your actions or omissions (whether online or offline) in relation to the Platform and Services and/or Us. We are not responsible for services and features offered by others, even if You access them through the Services. Our responsibility for anything that happens on Our Platform is strictly governed by the Applicable Law and is limited to that extent. You agree that We will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if We know they are possible. This includes when We delete Your Content, information, or Account (if created).

1.6. You understand, acknowledge and agree that there may be situations in which the OpenCura is unable to, or experiences difficulty, in providing sufficient assessment or output (in relation to the User Information You provide to the OpenCura AI as a prompt or query). In such a scenario (an “edge case”), You agree and acknowledge that We may anonymize any Personal Information You provide the OpenCura AI (as part of the User Information) in line with Our Agreement and Our Privacy Policy in the event of an edge case. In such case, Your Personal Information shall be fully anonymized in a manner that irreversibly prevents re-identification of an individual and thereafter processed (as “Anonymized Information”) in the manner elaborated in Our Privacy Policy for the purpose of optimizing the performance, accuracy, and efficiency of Our Platform and its related Services. For further details of Our anonymization practices, please refer to Our Privacy Policy.

1.1. We reserve the right to immediately disable or terminate or cancel Your Account (if created) and/or suspend Your access to the Platform and/or Services at any time, with or without notice to You, in Our sole and absolute discretion, in case of Your contravention or violation of these Terms and applicable Policies; or Your illegal acts or omissions; or misuse of the Services or Platform; or to protect You and others from identity theft or other fraudulent or illegal activity under the Applicable Law, or if We are unable to continue providing the Services to You due to technical or legitimate business reasons. In the event, Your access is disabled or Your Account is deleted by Us due to a violation of the Terms, the Agreement, and/or the Applicable Law, We reserve the right to take action against You and any other remedies We may have under the Terms, Agreement and Applicable Law.

1.2. You may opt to de-activate, cancel, or terminate Your Account (if created) with Us and/or Your use of any Services by contacting us at the following ceo@opencuraai.com in accordance with these Terms or by accessing the relevant settings and options made available on the Platform.

1.3. You acknowledge and accept that upon termination of Your Account (if created) or suspension or termination of Your access to the Platform or Services for any reason, Your agreement with Us shall be terminated, and You shall no longer be entitled to access the relevant Services or features of the Platform. You agree and acknowledge that Your rights in respect of the Services, and other benefits, associated with the Account (if created) or use of the Service may be irrevocably lost and You agree to release Us of any liability of any nature in respect to the loss of the same. You further acknowledge and accept that in the event of termination of these Terms in any manner or suspension or termination of Your access to the Platform and/or the Services, or deactivation or cancellation of Your Account (if created), You shall remain liable for all activity conducted with or in connection with Your Account (where applicable) and for all amounts due/charges incurred by Your Account (if created) while it was in operation at all times. The obligations and liabilities incurred by You prior to the termination/ withdrawal of access, shall survive termination of Your access and/or Account (if created) and agreement with Us.

We may send You promotional or marketing information from time to time, or any new Services and additional features added to the Platform, special offers for User(s), and other information which may be of interest to You. By agreeing to these Terms and by accessing the Platform, You hereby give Your consent to being sent such information by Us, including by notifications, post and email(s). If You do not wish to receive such information, You can request to opt-out of such marketing communication sent by Us by contacting Us in the manner outlined in Our Privacy Policy or updating Your marketing preferences through accessing the relevant settings and options in Your Account, provided You understand and acknowledge that this may impede the delivery of Our Services, and We shall not be liable if delivery of Services is so affected or obstructed.

1.1. Unless expressly provided or disclaimed otherwise in these Terms or any Agreement or under any other disclaimer published on the Platform, all material and content on the Platform including without limitation, ancillary texts, software, code, scripts, graphics, rights in get-ups, typographic typefaces, graphic user interface, photos, collages, sounds, music, audio, videos, interactive content, and the like, online databases, copyright, patents, related rights and moral rights, trademarks, trade names, product names, service marks, logos, rights in domain names, social media handles, rights in the design, rights in the information and all other or equivalent rights subsisting now or in future in any part of the world in each case, whether registered or unregistered, and all applications for the same (collectively 'IntellectualProperty'), are owned by or licensed to Us and are provided to You on an “as is” basis for Your access and use only for the purpose of rendering Services mentioned herein. Nothing in the Terms assigns, transfers or grants You ownership in Our Intellectual Property and nothing in these Terms shall be deemed to confer ownership or other rights in such Intellectual Property to the User.

1.2. You shall not use any device, program, algorithm or methodology, or any manual or digital process, to access, acquire, copy or monitor any portion of the Platform or any content, such as the Intellectual Property on the Platform to which You have no rights, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any such content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Platform and/or Services whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of these Terms, including any attempt to violate the security thereof. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Platform / Services, including any of the software comprising or in any way making up a part of the same.

1.3. All rights and interest in Intellectual Property comprised in Platform and Services (excluding User Information shared by You) are and will remain the exclusive property of Us and Our licensors (as may be applicable). You acknowledge and agree that all worldwide rights, title, and interest in any third-party software, products, and/or services (and any Intellectual Property Rights therein) are accessible on the Platform or through the Services, subject to third party licenses, if any, are owned by such third parties. Any copying or reproduction of these materials for commercial purposes without Our consent is prohibited. Any use for which You receive any remuneration, whether monetarily or otherwise, is construed as commercial use for the purpose of this clause and We shall hold You accountable for the infringement of intellectual property rights under Applicable Law.

1.1. To the extent permitted by the Applicable Law, We shall not be liable to You for any manner of damages or losses to You, and in relation, to any person(s) or property (including special, incidental, indirect, punitive, or consequential damages or losses) including, but not limited to, lost profits or data, whether based in contract, negligence, tort, Applicable Law, arising directly or indirectly in relation to the Terms, the Agreement, the Platform and Services (and any related activities, deficiencies, inaccuracy, omissions, interruptions, deletions or defects in the same including any action in connection with an investigation by Us or law enforcement authorities in relation to the use of the Platform and/or Services) in accordance with these Terms, even if advised of the possibility of such damages.

1.2. You agree to indemnify, defend and hold Us harmless from and against any claims (including any claims based on defamation, or invasion of privacy), proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Platform and Services; (ii) any breach by You of Your obligations, representations, and/or warranties outlined in these Terms, Agreement (iii) Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct or any of Your actions and omissions including Your use or attempted use of the Platform and its Services, or failure to take appropriate action where relevant while using the Services and Platform. It is clarified that Your obligation to indemnify Us will survive termination of the Terms, Agreement and Your access and Account (if created) for any reason, in the manner mentioned in these Terms.

1.3. You hereby agree and acknowledge that We shall not be responsible for any actions taken by any third party using the Platform including but not limited to, actions, omissions, or conduct of such third parties (including the Business Partners and other Users), online or offline. You acknowledge and agree that any disputes, complaints or grievances regarding the actions and omissions of such third parties and/or any other aspect of any transaction or other commercial dealings between You and such third party will be solely and entirely between You and the relevant third party.

The courts of competent jurisdiction at Delhi, India ('Court(s)') shall have exclusive jurisdiction to determine any and all matter(s), claim(s) or dispute(s), whether contractual or non-contractual arising out of, or in connection with, the Terms, Policies, the Platform and Services provided by Us ('Dispute(s)') including in relation to the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the User or Us, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any Dispute referred to arbitration in the manner mentioned herein. All Disputes shall be governed and construed by the Courts in accordance with the Applicable Law. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification('Notification') to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event the parties are unable to resolve the dispute within thirty (30) days of receipt of Notification, then the dispute shall be settled by arbitration. The place of arbitration shall be Delhi, India ('Venue'). All arbitration proceedings shall be presided by a sole arbitrator appointed by Us and conducted in English language in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the Rules made thereunder, as amended from time to time. The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. Nothing contained in these terms shall prevent from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on Our part to pursue any remedy for monetary damages through the arbitration described herein. You consent to the exclusive jurisdiction of the Courts and the Venue and waive any objection as to inconvenient forum.

1.1. The Terms read along with Agreement (including the Privacy Policy) constitute the entire agreement between You and Us in respect of the subject matter herein and supersedes all previous written or oral representations, agreements, and understandings, whether expressed or implied, with respect to such subject matter.

1.2. Each of the provisions of the Terms is severable. If any provision of these Terms (or part of a provision) is found by a governmental authority or court to be invalid, unenforceable, or illegal, that provision will be enforced to the maximum extent permissible under the Applicable Law and the other provisions of the Terms will remain in full force and effect. If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal if some part of it were deleted or modified, the provision will apply with whatever modification is necessary to give effect to the intention of provisions in these Terms.

1.3. You shall not, without Our prior written consent, assign the provisions of these Terms, in whole or in part, either voluntarily or by operation of Applicable Law, and any attempt to do so will be a material default of these Terms and such assignment will be void. We may assign the provisions of these Terms in part or in their entirety, including Our rights, interests, and obligations hereunder, without notice to You or Your consent. The provisions of these Terms are solely for the benefit of You and Us, Our successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

1.4. No failure or delay by Us in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by Us of any breach of any provision of these Terms or Agreement shall be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms or Agreement. If We fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending Your access to the Service or Account (if created), such failure to enforce Our rights will not be a waiver by Us.

1.5. We shall not be liable for damages for any delay or failure to perform Our obligations hereunder, if such delay or failure is due to causes which are unforeseen or beyond Our control, including, without limitation, internet attacks, emergencies, internet unavailability, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. etc. The time for performance of such obligations by Us will be extended for the period of the delay or failure to perform due to such occurrence. We shall use reasonable endeavors to overcome the effects of any such causes and to ensure resumption of normal performance of obligations as soon as reasonably practicable, however, it is clarified that We are not responsible for losses that were not foreseeable to You and the Company when these Terms were entered into.

1.6. Any provisions in the Terms or Agreement which are expressly referred to as surviving or intended to survive by their nature will survive the termination of Your relationship with Us for any reason.

1.7. You shall be responsible for providing such further information, documents or instruments, and take such further actions, reasonably requested by Us to effect the purposes of these Terms and carry out its provisions.

If any User or aggrieved person (including persons acting on their behalf) has any complaint or grievance in respect of any Services provided on the Platform or any breach of Our Terms, Privacy Policy or any other policy ('Grievance') the same can further be addressed to Our designated grievance officer, the name and contact details of whom are published on Our Platform ('Grievance Officer') . The Company shall not be responsible in the event that You address any communication to any non-designated person in this regard. Any 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.