The KalAssist® Application is offered subject to your acceptance without modification of this Agreement. By accessing or using the KalAssist® Application, you agree to be bound by all of the terms and conditions of this Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE KalAssist® Application. Please check this Agreement periodically for changes. Your continued access or use of the KalAssist® Application following any changes to the Agreement constitutes your acceptance of those changes.
The KalAssist® Application is an ancillary for amputees to use the bionic hand efficiently. The application is available on Android and iOS. Users can use the mobile application to test the various grip patterns. Users can get an insight into the device performance details like battery health, motor performance, and grip accuracy from the application. Users can also create custom grips, update device firmware and view the EMG signals. The application has a provision for raising any complaints or issues. The usage of the application would not be limited to the amputee and shall extend to the clinicians and the counselors involved in the fitment process of the hand. Clinicians can register the amputees and perform device tagging, and device setup of KalArm®.
2. Prohibited Activities You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Makers Hive to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the KalAssist® Application and all content provided to you as part of the application;
2. Attempt to decompile, reverse engineer, or otherwise disassemble the application
3. Attempt to copy the features of the application and in particular its source code, or attempt to decrypt any part of such application that is provided to you;
4. Create any derivative work or version of this application;
5. Access or use the App in any manner that could damage, disable, overburden, or impair any of the App servers or the networks connected to any of the servers on which the App is hosted;
6. Access or attempt to access any content that you are not authorized to access by any means;
7. Access the application through any other means other than through the interface that is provided by us;Alter or modify any part of the application; and
8. Disrupt or interfere with the security of, or otherwise cause harm to the Application or gain unauthorized access to the user accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated linked sites.
9. Take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors, or suppliers; or take any action that would cause us to violate any applicable law, statute, ordinance, or regulation, or that violates the Agreement.
10.Upload files that contain viruses, worms, Trojan horses, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the KalAssist® Application and KalArm®.
3. Intellectual Property Rights All content and other materials available at or through the KalAssist® Application, including without limitation trademarks, trade names, images, videos, audio, text, software, designs, and the “look and feel” of the KalAssist® are owned or licensed by us and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any KalAssist® Application Content without our express written permission. You must hold the Application and any related documentation in strict confidence for your own use only Any usage of KalAssist® contents, without the written authorization of Makers Hive, shall be considered a breach of this Agreement, and you shall be required to indemnify Makers Hive for all liability incurred in this regard. If you believe that any KalAssist® Content infringes upon your copyright, please notify us in writing at:Makers Hive Innovations Pvt. Ltd., Dwaraka One, Plot no. 6 & 7, Survey no. 85, Madhapur Near Raheja Mindspace, Hyderabad, Telangana 500081 Email: email@example.com
Your notice must include (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on the KalAssist® Application where the allegedly infringing content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the KalAssist® Application is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.
4. Feedbacks We are pleased to hear from our customers and welcome feedback on the KalAssist® application and KalArm®. Feedback is voluntary. However, if you send us any ideas, suggestions, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Feedbacks”) you agree that the Feedbacks are not confidential. You hereby assign such Feedbacks to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Feedback for commercial or non-commercial purposes with no compensation to you. For any Feedback that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable, and worldwide license to reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Feedbacks for commercial or non-commercial purposes with no compensation to you.
5. Termination This Agreement will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the Application, we may immediately terminate this Agreement. You are solely responsible for saving any custom grips-related data stored in the Application to the cloud. Without prejudice to any other rights, Company may terminate this agreement if you fail to comply with or breach the terms and conditions of this agreement or for any other reason upon delivery of the notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from the Company. In such an event, you must cease the use of the App and destroy all copies of the App and all of its component parts and associated documents. You agree that the Company may remotely disable the Application in the event of termination under this section.
6. Disclaimer of Warranty
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APP AT YOUR OWN RISK. THE APP AND ALL DATA AND CONTENT PROVIDED THROUGH THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY, TERMS, OR CONDITIONS OF ANY KIND. THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES, AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APP. THE COMPANY CAN NOT AND DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APP WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN, OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM, OR CONDITION WITH RESPECT TO THE APP OR OTHERWISE.
2. THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, OR DEFECT.
3. THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.
4. THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES.
5. THE APP USES THE READ-ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STANDBY MODE IF THE ROM ON YOUR CELLULAR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE APP HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.
6. IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.
7. Limitation of Liability YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED ON TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM, OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APP (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law
1. The jurisdictional court of Telangana shall have sole jurisdiction over any claim arising from, or related to the use of the KalAssist® application or KalArm®, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant countries. The laws of India govern this Agreement and these terms and conditions of use of the Services.
2. Makers Hive accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India, the mere fact that KalAssist®, KalArm® can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
4. For disputes relating to orders outside India, the International Arbitration Rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Hyderabad.
10. Contact Information Our Contact Information is:
Makers Hive Innovations Pvt. Ltd.,
Dwaraka One, Plot no. 6 & 7,
Survey no. 85, Madhapur Near Raheja Mindspace,
Hyderabad, Telangana 500081
11. Miscellaneous You agree to:
(a) provide true, accurate, current, and complete information when registering to use the Application and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. Our failure to insist upon or enforce strict performance of any terms in this Agreement shall not be considered a waiver of those terms or any of our rights. You may be required to agree to additional terms and conditions to access particular sections or functions of the KalAssist® and KalArm®. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement. The section headings used in the Agreement are for convenience only.