Effective Date: 12 Aug, 2021

 

REM42 Technologies Private Limited (hereinafter referred to as “REM42”), a company incorporated under the provisions of the Companies Act, 2013, with its registered office at #577/B, 6^th Sector, HSR Layout, Bangalore, Karnataka 560 068, is engaged in the business of providing personalized sleep improvement programs, for clients suffering from sleep related disorders (“Services”). Such personalized sleep related programs are formulated by REM42 with the help of personal information collected through our website – [https://rem42.ai/] (“Website”) and sleep related data collected via our mobile application (“App”).

 

This terms of use (“Terms of Use”) is between subscribers, visitors, users and any others who access the Service through the Website and the App (“User”, “you” or “your” as the context requires) and REM42 ("we", “us” or "our" as the context requires) governing your use of our Services through the characteristics and features as described on the Website and App. By accessing the Website or using the App, and thereafter using the Services, you agree to be bound by the terms of this Terms of Use.

 

This Terms of Use governs your access and use of the Website and App and applies to all subscribers, visitors, Users and others who access the Services. If you do not agree with the terms contained in this Terms of Use, you are not permitted to use the Website or App. REM42 will not be liable for any consequences arising from your unauthorized use. We may revise these Terms of Use at any time by amending this page and the terms hereof. The revised Terms of Use shall be posted on the Website and the App, and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website or App. All changes are effective as soon as we post them and by continuing to access the Website or use the App and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of the Website and the App is subject to the most current version of the Terms of Use posted on the Website or App at the time of such use.

 

1.                      Services.

 

1.1.                In order to avail the Services, you would have to visit our Website or be required to download the App and sign up using your valid mobile number.

 

1.2.                In case of using the App, pursuant to signing up, you shall be granted access to limited portions of the Services. Certain aspects of Services shall be granted only pursuant to payment of stipulated fees.

 

1.3.                REM42 reserves the right to modify which aspects of the Services shall require payment of fees for grant of access to Users.

 

1.4.                REM42 reserves the right to modify any fees, scope of the Services and/or suspend or discontinue the Services or any part thereof, at any time, at its sole discretion, and without liability of any manner whatsoever.

 

1.5.                REM42 shall not be liable if, for any reason whatsoever our App, or our Website or the Services provided therein (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to the entirety of or some parts of our Website or App, to our Users.

 

1.6.                You shall be required to provide your full legal name, valid mobile number and any other information requested from you, from time to time, in order to be entitled to use the Services. The information provided by you shall be used for providing the Services, payment procedures, record keeping purposes as set out in our Privacy Policy.

 

1.7.                REM42 reserves the right to refuse access to use the Services offered at the Website and/or App to new Users or to terminate subscription granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by REM42 from using the Website, App or Services for any reason whatsoever.

 

2.                      Payment.

 

2.1.                The fees applicable for availing certain paid Services shall be communicated by REM42 to the User at the time of signing up. User can verify the features of the Service, billing information and other details after which they will be directed to the payment gateway.

 

2.2.                The fees shall include any and all applicable taxes, which shall be borne by you.

 

2.3.                Upon receipt of payment, REM42 shall send you a confirmation of payment, process the order, and send the user the relevant invoice pertaining to the Service purchased.  You must notify us of any change in any payment account information, by updating your account at the time of relevant purchase.

 

2.4.                If periodic payment obligations apply to the User, REM42 shall be entitled to adjust any applicable fee and communicate the same to the User by way of the Website or App.

 

2.5.                All payments shall be made by way of authorized third-party payment gateways. Users acknowledge that REM42 is not responsible for any payment information shared with authorized third-party gateway. You agree that REM42 is not liable for misuse of any such information shared and shall be held harmless against any claims regarding sharing of payment information to a third party.

 

3.                      Terms and Conditions.

 

3.1.                REM42 does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.

 

3.2.                Services provided by the Website or App are not intended to be used in emergency circumstances. If you believe there is a medical emergency, you must directly contact your local emergency number/hospital/doctor.

 

3.3.                REM42, or its representatives may, at their sole discretion and professional judgment, determine that the Services are not appropriate for some or all of your treatment needs and accordingly, may elect not to provide our Services to you through the Website or App.

 

3.4.                Persons below the age of 18 (eighteen) years shall use the Service only under strict guidance and supervision of their parents/guardians.

 

3.5.                Once the signing up process for the App is completed,  you will upload and update your sleep related information periodically on the App, as may be prescribed by your doctor/sleep coach (“Sleep Data”) in order to offer best possible sleep improvement solutions.

 

3.6.                By using the Services you warrant that: (a) all the Sleep Data provided by you is accurate and complete; (b) you shall maintain the accuracy of such Sleep Data, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into and be bound by the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the same; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the App or such other Services provided through the App only in compliance with this Terms of Use and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the App. Your Subscription may be rendered void and your account deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Terms of Use or the Privacy Policy.

 

3.7.                You are responsible for making all arrangements necessary for you to have access to our Website and App, upload Sleep Data and thereby use the Services. You are also responsible for ensuring that any persons who access our Website or App and thereby the Services through your account are made aware of these terms, and that they comply with them. You are also solely responsible and liable to REM42 for all activities that take place or occur under your account. You agree that your ability to log into your account and access the Services is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account due to such factors.

 

3.8.                As part of your signing up process as well as in the course of providing the Service to you, you may receive phone calls, SMS or email or WhatsApp messages from REM42 its representatives on your registered mobile number and/or email address. These messages will relate to the Services. You hereby consent to receive such calls or messages from REM42 and its representatives. Such calls or messages shall only be made to the registered mobile number or email address or WhatsApp number. It is your responsibility to ensure that you provide the correct number and email address for the Services you wish to avail.

 

3.9.                REM42, pursuant to payment of stipulated fees and booking of appointment, the consultation shall be by means of video communication with our doctors/authorized sleep coaches. Subject to your explicit permission to the use of video communication, REM42 provides the requisite technology to facilitate consultation in this manner.  Further, REM42 shall in no event be responsible for any advice provided as a result of the Services.

 

3.10.            By accessing the Website, using App or availing of the Services, you are deemed to have accepted the Terms of Use and you are authorizing REM42 to collect your Sleep Data for the purposes mentioned herein which shall include storing in electronic records management system.

 

3.11.            You hereby permit REM42 to record, save and store all tele-consultations / instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between you and REM42, doctors/authorized sleep coaches or representatives for record purposes and produce these as evidence if required before or directed by a court of law.

 

3.12.            You can cancel a booked appointment upto 24 (twenty-four) hours prior to such appointment. REM42 will provide an acknowledgement of the cancellation at the time of the cancellation and will refund the complete amount of the booking within 5 (five) to 8 (eight) days of the cancellation. For any cancellation within 24 (twenty-four) hours of the appointment, no refund will be applicable, unless such cancellation is due to non-availability of the doctor/authorized sleep coach for consultation from REM42.

 

3.13.            You are not permitted to and shall not do any of the following acts, each of which shall entitle REM42 to terminate your Subscription and use of the Services, without prejudice to any other rights or remedies we may have against you:

 

3.13.1.    Attempt to decompile, reverse engineer or otherwise disassemble any Service or part of the Website or App;

3.13.2.    Attempt to copy any software provided to you as part of the Services, Website or the App, and in particular its source code, or attempt to decrypt any part of such software that is provided to you;

3.13.3.    Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;

3.13.4.    Remove from the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;

3.13.5.    Access or use the Website or the App in any manner that could damage, disable, overburden, or impair any of the Website or App’s servers or the networks connected to any of the servers on which the App is hosted, or the cloud software on which the Website or App’s data is stored;

3.13.6.    Access or attempt to access any content that you are not authorized to access by any means;

3.13.7.    Access the Website or App through any other means other than through the interface that is provided by us;

3.13.8.    Alter or modify or attempt to alter or modify any part of the Services; and

3.13.9.    Disrupt or interfere with the security of, or otherwise cause harm to the Website or App, materials, system resources or gain unauthorized access to the User ID accounts, passwords, servers or networks connected to or accessible through the App or any affiliated linked sites.

 

4.                      Representations and Warranties.

 

4.1.                You hereby represent, warrant and covenant that:

 

4.1.1.       you shall use and avail of the Services only for the purpose of your personal use and in doing so, shall not violate any applicable laws and regulations or the terms of this Terms of Use and Privacy Policy;

4.1.2.       shall observe and adhere to prevalent moral standards and ethics while availing of the Services; and

4.1.3.       you shall not assign any part of the Services to any third parties.

 

5.                      Indemnity and Limitation of Liability.

 

5.1.                You agree to defend, indemnify and hold harmless REM42, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, the Website and App; (ii) your violation of any term of this Terms of Use; or (iii) your violation of any third party right, including without limitation, any copyright or intellectual property rights. This defense and indemnification obligation will survive this Terms of Use and your use of the Service, the Website and App.

 

5.2.                In no event shall REM42 be held responsible, for breach of any services rendered by others to you, including but not limited to any advice provided by a doctor/sleep coach as a part of the Services.

 

5.3.                In no event shall either party hereto be liable to the other for any indirect, consequential or incidental losses or claims, arising out of or in connection with the provision/availing of the Services under these Terms of Use, even if advised of the possibility of the same.

 

5.4.                Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) on our Website or App to use the Services.

 

6.                      Disclaimers.

 

6.1.                The Services are provided by REM42 on an “as is” basis, without any representations or warranties of any kind, express or implied, including without limitation the warranties of the merchantability, fitness for a particular purpose, reliability, availability, timeliness, security or accuracy of the data, for any purpose whatsoever. No oral or written information or advice given by either REM42 or its doctors/authorized sleep coaches or representatives shall create a warranty nor in any way increase the scope of this warranty.

 

6.2.                REM42 assumes no liability whatsoever for any treatment or advice rendered on the basis of any inaccurate or incomplete Sleep Data that you upload on the App or otherwise provide to us or our doctors/sleep coaches.

 

6.3.                REM42 shall not be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the App, which includes but is not limited to the misinterpretation of the advice given by any representatives or doctors/sleep coaches using the App, to you.

 

6.4.                For the avoidance of doubt, it is clarified that the doctors/sleep coaches are independent professionals and REM42 shall have no liability whatsoever in relation to any manner of treatment, advice or plan rendered by a doctor/sleep coach, or any action taken as a result of the same, to you either through the Website, the App, the Services or otherwise.

 

6.5.                REM42 will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Sleep Data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. REM42 does not warrant that access to Services will be uninterrupted, error-free or secure, or that any information, software, or other material accessible or provided through Services is accurate, complete or free of viruses, bugs, glitches or other harmful contents or components.

 

7.                      Intellectual Property.

 

7.1.                REM42 owns or has rights to all intellectual property rights in and to the Website, the App (including all derivatives or improvements thereof) and the Services, information and data stored on the App during the course of performance of the Services. All suggestions, enhancement requests, feedback, recommendations or other inputs that you provide, relating to the Services shall be owned by REM42.

 

7.2.                Except as expressly provided in these Terms of Use, no part of the Website or App and no content or marks, data, statistics posted on the Website or App may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including mirroring to any other computer, server, website, or other medium for publication or distribution for any commercial enterprise, without REM42’s prior written consent.

 

7.3.                REM42 grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing, accessing or downloading any content while availing the Services from us for personal or non-commercial purposes only. All information contained in or accessed through the Website or App is protected under copyright, trademark, design, and patent laws and your usage is limited to the extent of browsing or availing the Services by accessing our Website or App and no further.

 

8.                      Misuse of Website and App.

 

8.1.                You must not misuse our Website or App by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other Users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website or App, the server on which they are stored, or any server, computer or database connected to our Website or App. You must not attack our Website or App via a denial-of-service attack or a distributed denial-of service attack.

 

8.2.                By breaching this clause 8, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments thereto). We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

 

8.3.                We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App or to your downloading of any material posted on it, or on any website linked to it.

 

9.                      Term and Termination.

 

9.1.                These Terms of Use shall be valid with respect to individual Users from the date of accessing the Website or downloading the App, and shall subsist as long as the Website or App are being accessed.

 

10.                  Miscellaneous.

 

10.1.            CONFIDENTIALITY: Any proprietary or non-public information of REM42, whether written, oral or visual, disclosed to or which comes into the possession or knowledge of the User in connection with these Terms of Use, shall be treated as confidential and not be disclosed to others, without prior written permission of REM42.

 

10.2.            ELECTRONIC RECORD. This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Terms of Use is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website and App.

 

10.3.            FORCE MAJEURE. REM42 shall be not liable for any failure or delay in providing its services under these Terms of Use, if it is due to force majeure events that are beyond the reasonable control of a party, including but not limited to the acts of god, uncontrollable technical glitches, ransomware, cyber terrorism, internet disconnection by governmental authority, cyber-attack, strikes, acts of terrorism, burglary, hijacking, robbery, epidemic, pandemic, riots, political disturbances, invasion, fire, floods, tsunami or events beyond its reasonable control.

 

10.4.            ASSIGNMENT. Usage of the Website and App is for your limited personal purpose and is not transferable or assignable. However, REM42 reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all the assets of REM42.

 

10.5.            NOTICE. Any notice in connection with these Terms of Use must be in writing and sent via registered post to the address first mentioned hereinabove or by e-mail to contact@rem42.ai.

 

10.6.            INDEPENDENT CONTRACTOR. These Terms of Use are on a principal to principal basis and nothing herein contained shall be construed or interpreted as constituting User hereto to be the agent, employee or representative of REM42, under any circumstance.

 

10.7.            WAIVER. Either party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights unless given in writing.

 

10.8.            SEVERABILITY. If any terms contained in these Terms of Use are held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected and the remainder of Terms of Use shall continue to be valid and binding on the parties.

 

10.9.            GOVERNING LAW & JURISDICTION. The Terms of Use shall be governed by and construed in accordance with the laws of India and the courts at Bengaluru shall have exclusive jurisdiction to try any dispute arising hereunder.

REM42 Technologies Pvt Ltd., with its registered office at 577/B, 1st floor, 100 FT Ring Road, HSR Layout, 5th Sector, Bengaluru, Karnataka, India 560068 understands and recognizes your right to confidentiality and is committed to protecting and preserving your privacy.

We provide you (“User”) access to our website https://www.rem42.ai (“Website”) and services (“Services”) with a view to addressing your sleep related disorders and providing a personalised sleep improvement programme. 

We gather personally identifiable information (“Personal Data”) from you when you access our Website, fill in a form, conduct a search, update or add information to your account, respond to surveys, post to community forums, participate in promotions etc. 

This privacy policy (“Privacy Policy”), describes how we collect and use your Personal Data through a variety of digital means. Your use of and access to the Website and any disputes arising therefrom, is subject to this Privacy Policy. You are advised to read the Privacy Policy carefully in order to obtain information on the terms governing the use of and access to the Website and Services.  By accessing or using the Website or using our Services on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy.

What personal information about you does REM42 gather?

Information You Give Us: 

We shall collect the following Personal Data which shall include but not be limited to:

• name including first and last name;
• email address;
• mobile number and contact details;
• address and postal code; and
• such other information as we may request from you from time to time.

We may also collect information pertaining:

• the links you click on the Website;
• the Services viewed by you;
• the Type of Device and its unique Device ID;
• IP address of your Device;
• number of times you access the Website’s page/portal; and
• the number of times you have interacted on this Website;

How we collect your information: We may collect information from you passively. We use tracking tools including, but not limited to, Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of the Website.

We use cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve the Platform in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data that you choose to share with us.  You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please refer to your web-browser provider or system guide for detailed information on disabling cookies. However, in case you choose to disable cookies, you may be prevented from taking full advantage of the Website.

Further, to help Us make e-mails more useful and interesting, We often receive a confirmation when you open e-mail from REM42 if your Device supports such capabilities. We also compare Our user list to lists received from other companies, in an effort to avoid sending unnecessary messages to Our Users. If you do not want to receive e-mail or other mail from Us, please use Our User Settings pages to adjust your preferences.

Does REM42 share the information it receives?

Personal Data about Our Users is an important part of Our business, and We are not in the business of selling, renting or otherwise sharing it to others. Your Personal Data will only be seen or used by our employees or contractors who have a legitimate business need to access such information personal data for the purposes set out in this Privacy Policy.

We take your privacy seriously and have implemented appropriate physical, technical and organizational security measures designed to secure your Personal Data against accidental loss, destruction or damage and unauthorized access, use, alteration or disclosure.

We may also share your Personal Data with our affiliates and third-party service providers, to enable the efficient and secure provision of services to you.

Other than the above, we will share your personal information only if it is reasonably necessary to:

• meet your request, any applicable law, regulation, legal process or enforceable governmental request;
• enforce applicable terms, including investigation of potential violations;
• detect, prevent, or otherwise address fraud, security or technical issues;
• protect against harm to the rights, property or safety of REM42, Our Users or public as required by law;
• provide such information with a successor to all or part of Our business; or
• provide as a part of the anonymous information we share with our partners and/or advertisers on an aggregate basis.

We may share your information for reasons not described herein. However, the same shall be done only upon obtaining your consent.

Links to Third party apps and websites

The Website and any communication sent to you may contain/display third party advertisements, contents, and links to other websites/mobile applications of interest. However, once you have used any of these links to leave the Website, you should note that we do not have any control over that other web-site(s)/mobile application(s). You agree and acknowledge that these websites/mobile applications are operated by third parties and are not controlled by, or affiliated to, or associated with Us unless expressly specified. We are not responsible for any form of transmission, whatsoever, received by you from any such third party. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites or mobile applications, nor do we control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites or mobile applications. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites/mobile applications and this Privacy Policy does not govern such sites/mobile applications. You should exercise caution and look at the privacy statement applicable to the website(s)/mobile application(s) in question. The information provided by you to such third party websites/mobile applications shall be governed in accordance with the privacy policies of such websites/mobile applications and it is recommended that you review the privacy policy on any such websites and/or mobile applications prior to using such websites/mobile applications.

Data Retention Policy. We will keep your data for as long as we provide services to you. We will then keep data for a limited period when we no longer provide services to you to deal with any queries or complaints or as required under law.

Jurisdiction

Regardless of where you live, you consent to have your Personal Data transferred, processed and stored in India. Any disputes arising under this Privacy Policy shall be governed by the laws of India and the courts at Bengaluru, India shall have exclusive jurisdiction.

Contact Us

If you have any other questions about this Privacy Policy or other privacy concerns, you can also email us at contact@rem42.ai and We will try to resolve it.