Augnito Terms of Use

  1. This software and the brand ‘Augnito’ is conceptualized, owned and operated by Scribetech India Healthcare Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 152 EL-CID13A, Ridge Road, Malabar Hill, Mumbai – 400 006 (the “Software” ). Scribetech India Healthcare Private Limited and ‘Augnito’ are collectively referred to as “Scribetech”, which term shall be deemed to mean and include its successors and assigns.
  2. These Terms of Use constitute a legally binding agreement, as amended, supplemented, varied or replaced from time to time between Scribetech and you (the “User” ), i.e. any natural or legal person (including their heirs, administrators, successors and assigns, as the case may be) who uses and/or registers itself/themselves on the Software (the “Agreement” ).
  3. Your rights under this Agreement may be subject to additional terms and conditions in a separate written software license agreement with Scribetech intended to govern the use of the Software, which supplements or supersedes all or portions of this Agreement.
  4. A User may use this Software only on the condition that you accept all of the terms and conditions contained in this Agreement. If you do not agree to any of the terms and conditions set out in this Agreement then do not download, install or use this Software and exit the download process by clicking the “I Do Not Agree” button found at the end of this Agreement. By clicking the “I Agree” button below or accessing and using any part of this Software (as set out in Clause 5 below), you agree to be bound by the terms of this Agreement.
  5. This Agreement is an electronic record under the provisions of the Information Technology Act, 2000 and rules framed there under, including the Information Technology (Intermediaries Guidelines) Rules, 2011 (as applicable and as amended from time to time). This electronic record is generated by a computer system. The acceptance of the Agreement is a pre-requisite to the usage of the Software and by using the Software in any manner whatsoever, the User confirms his/her/its acknowledgement and acceptance to the Agreement and agrees to be bound by the same as it were a legally binding contract.
  6. The Software may also require the User to execute this Agreement by way of a digital signature and/or manuscript signatures in a digital/electronic format, which shall be stored by the Software. The signatures provided by the User shall be treated as valid and authentic and constitute a legally binding contract.
  7. The use of the Software is available only to persons competent to contract as specified under the Indian Contract Act, 1872 and all persons incompetent to contract, including minors, are ineligible to use the Software. The acceptance of this Agreement necessarily implies that the User is above the age of 18 years. Scribetech reserves the right to terminate any registration and/or refuse access to the Software if at any time it is discovered that a User is below the age of 18 years and/or otherwise not competent to contract as per the terms of the Indian Contract Act, 1872.
  8. So long as the User complies with the Agreement, the User is granted a personal, non-exclusive, non-transferable, non-sublicensable and limited privilege to access and use the Software.
  9. If at any time, the User does not wish to be bound by this Agreement, the User may reject the same by emailing Scribetech at augnitosupport@scribetech.in The User shall immediately cease using the Software and/or avail of any services provided by it in such cases.
  10. Scribetech reserves the right to unilaterally update and/or improvise the Software from time to time. The User acknowledges that the Software shall monitor the usage by the Users from time to time for the purposes of improving the Software.
  11. The User acknowledges that the Software will collect data on real time and time to time basis, which data shall be used for research and development and other exploitation purposes and the User hereby consents to the same and further confirms that it has obtained necessary consents (in writing) required for allowing Scribetech to collect, store and exploit such data in accordance with applicable law.
  12. The User acknowledges that the Software is programmed to assimilate data, randomly and/or sequentially, even at the stage of testing (beta or otherwise). The data so collected is used for research and/or development purposes with respect to the enhancement of the features, uses and facilities of the Software.

Registration

  1. Scribetech requires registration for those Users who wish to access the services provided by Scribetech on the Software. When registering, the User will be required to provide certain information, including [a] name; [b] email address; [c] mobile number; and [d] such other information as may be requested by Scribetech at the time. At the time of registration, the User would also be required to confirm that he/she is above the age of 18 years. Users would also be provided with an option to enter in a username and password to access the Software using his/her/its Google / Facebook credentials.
  2. By registering with Scribetech, the User accepts that:
    1. the information provided is complete, true and correct;
    2. it is the User’s responsibility to promptly inform Scribetech, by emailing Scribetech at augnitosupport@scribetech.in , of any change in the aforesaid information;
    3. Scribetech may suspend and/or terminate any User account if it has reason to believe that the information provided is incomplete and/or false and/or an impersonation of any nature whatsoever; and
    4. the User is responsible for maintaining the confidentiality of the login information and password and will not hold Scribetech responsible for any failure and/or delay on the part of the User to: [i] intimate Scribetech of any unauthorised use and/or breach of security of the account; or [ii] log out of the account promptly at the end of each session.
  3. To be recognized as a registered member, the User will be required to login using the login credentials set up at the time of registration. At this time, the User may be alerted to optionally have the User’s login credentials remembered on the Software to expedite future logins.

Evaluation, Proof of Concept 

  1. If Scribetech authorizes a User to use the Software on an evaluation, proof of concept or similar basis (with or without charge) (the “Evaluation License”), the following additional terms, conditions and restrictions shall apply unless otherwise expressly agreed in writing: 
    1. the Evaluation License will remain valid for a period of 30 days from the installation of the Software or such other period as may have been agreed in writing by the parties (the “Evaluation Period”). The Evaluation License shall automatically terminate on the expiry of the Evaluation Period without any further action or notice. However, the Evaluation License can also be terminated by Scribetech at any time prior to expiration of the Evaluation Period by way of written notice, with or without cause;
    2. the User will only use the Software for evaluation purposes and solely for its own internal business in accordance with the Software documentation (if any) and other terms and conditions of this Agreement;
    3. the Software is provided on an ‘as is’ and ‘as available’ basis during the term of the Evaluation License; 
    4. Scribetech has no obligation to provide any support during the term of the Evaluation License and any support that is provided will be on an ‘as is’ and ‘as available’ basis; and
    5. the User will immediately stop using and uninstall the Software from its systems on expiry of the Evaluation Period. The removal of the Software will also be certified in writing by the User to Scribetech by no later than 5 days from the expiry of the Evaluation Period.
  2. The User’s continued use of the Software beyond the Evaluation Period will constitute a purchase of a license for the Software and Scribetech will be entitled to invoice the User accordingly.

Access to User’s system

  1. Scribetech shall be provided remote access to the User’s system via a secure VPN connection at all times until termination of this Agreement. The User shall ensure that Scribetech and its personnel are granted sufficient rights and privileges to troubleshoot, update, install and uninstall the Software through the VPN connection.
  2. Scribetech shall be entitled to terminate this Agreement without further notice if the User fails to maintain the VPN connection for a continuous period of at least 48 hours at any time during the term of this Agreement. In case of such termination, the User shall also allow Scribetech to, within 24 hours from receipt of written request to this effect from Scribetech, physically access the User’s system to uninstall and remove the Software from its systems.

Limitation of Liability

  1. Scribetech is not responsible for loss of access to the Software and/or its services due to failure and/or delay of network and/or heavy traffic in respect of internet connections and/or any other temporary hardware or software failure.
  2. While Scribetech takes every effort to ensure the accuracy and integrity of the information provided on the Software, there exists a possibility of human error and/or inaccuracies in the information provided and/or omitted. Any statement by Scribetech does not constitute a representation, warranty or assumption of liability of any kind. The use of the Software by the User is entirely at his/her/its sole risk. In the event that such an inaccuracy is observed, the User may inform Scribetech of the same by addressing an email to augnitosupport@scribetech.in .
  3. With respect to the above, Scribetech (including its directors and/or employees and/or affiliates and/or agents and/or representatives and/or subcontractors) shall not be liable for any loss and/or liability resulting, directly and/or indirectly, from this Agreement, delays or interruptions due to electronic or mechanical equipment failures and for reasons of force majeure, which are out of Scribetech ’s control, as may include but is not limited to health pandemics, weather conditions, earthquakes, floods, fire and other acts of God. Scribetech shall have no responsibility to provide the User with access to the Software while such interruption is ongoing.
  4. Scribetech shall, in no circumstances whatsoever, be liable for any direct and/or indirect and/or punitive and/or incidental and/or special and/or consequential damages and/or damages of whatsoever nature including but not limited to damages for loss of use, data or profits, goodwill and/or other intangible losses arising out of or in any manner connected with the use or performance of the Software or its content, with the delay or inability to access or use the Software or related services, the provision of or failure to provide services, or for any content made available or obtained through the Software or otherwise arising out of the use or access of the Software or use of the services, whether based on contract, tort, negligence, strict liability or otherwise, even if Scribetech has been advised of the possibility of damages. Any services or content made available or obtained through the use of the Software and all other use of the Software is done at the User’s own discretion and risk and the User will be solely responsible for any damage to his/her/its computer system or loss of data that results therefrom.
  5. The Software may include external and/or third-party links and it is the responsibility of the User and the User will be deemed to have acquainted himself/herself/itself with the privacy policies and terms and conditions of such third-party websites. Scribetech does not in any manner whatsoever vouch for and/or cannot in any manner be held responsible for the information set out therein.
  6. The User expressly agrees that Scribetech is not a licensed health care provider and that the Software is not a substitute for independent medical decision making by a qualified health care practitioner. The User is solely responsible for its own conduct with respect to patient care and any reliance upon the Software shall not diminish User's responsibility for patient care.

Indemnity

  1. Without prejudice to any other rights that may be available to Scribetech under this Agreement or law, the User hereby agrees to indemnify, defend and hold harmless Scribetech, its subsidiaries, successors, assigns and their respective affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
    1. any non-compliance with the terms of this Agreement;
    2. any violation of law;
    3. any violation by the User of the rights of third parties, including but not limited infringement of any intellectual property rights of such third party; and/or
    4. any activity related to the User’s account, whether by the User himself/herself/itself or any other person and/or entity accessing the User’s account without the User’s consent, unless such activity was caused by any action and/or omission by Scribetech. This provision will survive any termination of this Agreement.
  2. Notwithstanding anything contrary contained elsewhere under this Agreement and without prejudice to other remedies available in law, in the event of fraud, Scribetech shall be entitled to claim an appropriate sum towards damages and compensation from the User and any other responsible party, jointly and severally, towards loss of profit, if any.

Intellectual Property Rights

  1. All intellectual property relating to the Software, including but not limited to trademarks, copyrights, designs, logos, sound, artwork and/or any and/all text, graphics, user interfaces, visual interfaces, source code and any and/or all media of all types (collectively, the “Intellectual Property”) belongs to Scribetech who is the sole and exclusive owner of the same.
  2. Nothing contained in this Agreement shall give or shall be deemed to have been given, whether directly or by implication, any right, title or interest in or to the ownership or use of any Intellectual Property, whether registered under the law in force or otherwise, in the Software and its associated components to the User and the User shall not claim any right in respect thereof.
  3. Accordingly, the User will not infringe or make any unauthorized use of the Intellectual Property and further agrees not to:
    1. copy and/or transmit any part of the Software for commercial purposes;
    2. sub-license, rent, sell or lease any portion of the Software or otherwise provide the Software to a third party;
    3. reverse engineer, decompile, disassemble, modify, translate, make any attempts to discover the source code of the Software or create derivative works from the Software; or
    4. copy the documentation which accompanies the Software.

Termination

  1. Without prejudice to its termination rights under Clauses 16, 19 and 39 of this Agreement, Scribetech may terminate this Agreement, cancel any User registration, refuse access to the Software and/or take such other action (including recourse to legal remedies) as it may deem fit upon breach by the User of any terms or conditions of this Agreement.
  2. The User shall immediately cease using the Software, uninstall the Software from its systems and return all Confidential Information (defined below) in its possession to Scribetech on termination of this Agreement for any reason whatsoever. However, such termination shall not relieve the User of its payment obligations incurred prior to such termination or grant any rights to the User to claim a refund of any amounts paid to Scribetech in relation to the Software.

Modifications

  1. Scribetech reserves the right to unilaterally make changes or modify and/or change and/or update this Agreement at any time and from time to time and in any manner whatsoever, including without prior notice. The User hereby accepts that his/her/its continued access to and/or use of the Software post such modifications is deemed to be an acceptance of the same and will bind the User as such.

Assignment

  1. Scribetech reserves the rights to assign this Agreement, as may be amended, together with all rights and obligations thereunder to any successor-in-interest that may acquire rights to that information as a result of the sale or merger of Scribetech or otherwise.

Severability

  1. If any one or more provisions of this Agreement become illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement which shall be severable therefrom and shall remain in full force and effect.

Waiver

  1. The failure of Scribetech and/or any delay on its part at any time and from time to time, to enforce any terms of this Agreement and/or any right, power privilege or remedy thereunder shall not affect the validity of this Agreement or be construed as a waiver of the future performance of the terms and conditions.
  2. No single or partial exercise of any terms or conditions and/or any right, power, privilege or remedy under this Agreement shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

Prohibited Uses

  1. The User accepts and confirms that he/she/it shall not use the Software for and/or otherwise undertake any act that are illegal and/or unlawful and/or malicious and/or any other activities whatsoever that Scribetech deems to be improper in its sole judgment, including but not limited to:
    1. impersonating any person and/or entity or misrepresenting himself/herself/itself;
    2. providing any information to Scribetech that is inaccurate, misleading and/or fraudulent;
    3. preventing Scribetech from in any manner whatsoever from authenticating the information provided by the User;
    4. access and/or use (and/or attempt to access or use) the account and/or login credentials of any other User;
    5. transmit any software and/or any other media that contain any viruses, worms, trojan horses, defects, or other such destructive / malicious software;
    6. infringe upon the Intellectual Property in any manner whatsoever, including but not limited to modifying and/or adapting and/or decompiling any portion of the Software;
    7. harvest and/or collect information of or from other Users of the Software;
    8. act in a manner that is fraudulent and/or otherwise illegal for any reason whatsoever;
    9. acting in collusion and/or in connivance with other User(s);
    10. act otherwise than with complete decorum in his/her/its interactions with Scribetech and/or its employees and/or agents and/or representatives; and/or
    11. facilitate and/or encourage any of the aforesaid violations and/or destructive acts.
  2. In all such cases, Scribetech reserves the right to take such technical and/or legal steps as it deems necessary, including but not limited to termination of this Agreement and restraining the User from accessing or using the Software.

Confidential Information

  1. For the purpose of this Agreement, “Confidential Information” means any information or materials disclosed by Scribetech (the “Disclosing Party”) to the User (the “Receiving Party”) that are not generally available to the public and which, due to their character and nature, a reasonable person under like circumstances would treat as confidential, including, without limitation, financial, marketing, and pricing information, trade secrets, know-how, proprietary tools, knowledge and methodologies, the Software (in source code and/or object code form), information or benchmark test results regarding the functionality and performance of the Software, any Software license keys provided to the User and the terms and conditions of this Agreement. However, Confidential Information shall not include information or materials that [a] are generally known to the public, other than as a result of an unpermitted disclosure by the Receiving Party; [b] were known to the Receiving Party without an obligation of confidentiality prior to receipt from the Disclosing Party; or [c] are or were independently developed by the Receiving Party without access to or use of the Disclosing Party’s Confidential Information as evidenced by the Receiving Party’s written business records.
  2. The User shall [a] not disclose the Confidential Information to any third party; [b] not use the Confidential Information except to perform its obligations or exercise its rights under the Agreement; and [c] protect the Confidential Information from unauthorized use or disclosure by exercising at least the same degree of care it uses to protect its own similar information, but in no event less than a reasonable degree of care.
  3. The User shall promptly notify Scribetech of any known unauthorized use or disclosure of the Confidential Information and will cooperate with Scribetech in any litigation brought by Scribetech against third parties to protect its proprietary rights.

Dispute Resolution

  1. If any dispute arises between Scribetech and the User in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Agreement (including the validity, scope and enforceability of this arbitration agreement) then both parties shall endeavour to settle the dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if the parties after reasonable attempts for not less than 30 days, gives a notice of 30 days thereof to the other party in writing.
  2. In case of such failure, the dispute shall be solely and finally settled by reference to arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. The Arbitration shall be a fast track arbitration, as per Section 29B of the Arbitration & Conciliation Act, 1996.
  3. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties. The place of arbitration shall be Mumbai and the language of arbitration shall be English.
  4. The prevailing party in any arbitration proceedings shall be entitled to recover its costs (including, without limitation, its legal costs). Judgment upon any award rendered by the arbitrator may be entered in any court having competent jurisdiction in relation thereto, or application may be made to such court for a judicial acceptance or recognition of the award and an order of enforcement (including specific performance), as the case may be.
  5. Notwithstanding anything contained in this Agreement, the User acknowledges and agrees that in the event of a material breach of this Agreement (including but not limited to any breach under Clauses 16, 19, 39 to 42 above) Scribetech shall be entitled to seek immediate injunctive relief, without limiting its other rights and remedies.

Governing Law

  1. This Agreement shall be governed by and construed in accordance with the laws of India and subject to Clause 44 above, the courts in Mumbai shall have exclusive jurisdiction to deal with any matters or disputes arising between the parties under this Agreement.

No Partnership / Agency

  1. Scribetech and the User are independent entities and any all transactions have been entered into by the on a principal to principal basis. Neither party shall have right or authority to assume, create or incur any liability or obligation, express or implied, in the name and / or on behalf of the other party.

Survival

  1. The provisions relating to Indemnity, Limitations of Liability, Dispute Resolution and Governing Law will survive the termination and expiry of this Agreement.

Miscellaneous

  1. Scribetech is not obliged to ensure that the Software is available to all Users at all times. While all attempts will be made to deny access only to those individuals who violate the Agreement and terms of use of the Software, Scribetech may occasionally be compelled to use methods of access denial that result in a disruption in access for other Users. Scribetech reserves the right to periodically modify or discontinue, functions and features of the service, with or without notice, without any liability thereof.
  2. Scribetech reserves the right at any time and from time to time to discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice.
  3. If the User is at any time dissatisfied with the Software, as amended from time to time and/or of its contents, the only remedy available to him/her/it would be to discontinue the use of the Software.
  4. All rights to the Software and the Intellectual Property available therein not expressly granted, are reserved.
    1. The User has read, perused and is satisfied with the above Terms of Use; and has no objection whatsoever to the same and / or any part thereof.
    2. The User shall not in any manner violate any Intellectual Property whether through infringement, passing off, hacking, reverse engineering, etc.
    3. The User acknowledges that the Software will use tools for improvisation and will require regular updates from time to time.
    4. The User acknowledges that the Software will collect data on real time and time to time basis, which data shall be used for research and development and other exploitation purposes and the User hereby consents to the same and further confirms that it has obtained necessary consents (in writing) required for allowing Scribetech to collect, store and exploit such data in accordance with applicable law.