YOUR RELATIONSHIP WITH AIKENIST
Your use of Aikenist’s products, software (including but not limited to any and all versions, forms
renditions of QuickScan, QuickRad, QuickFlow ), applications such as the AikenistApp and its
website equivalent i.e. https://app.aikenist.com/, services, Devices and Website (referred to
collectively as the “Services”) excluding any services provided to You (“You” or “Your” or
“Customer”) by AIKENIST under a separate written agreement, is subject to the terms of a legal
between You and Aikenist. “Aikenist” or “Us” or “We” or “Our” means Aikenist.com Technologies
Private Limited, company registration CIN U72900KA2019PTC128949 having its
registered office at 007, Pushpanjali Apartments 1st Cross, 1st Main, Chamarajpet BANGALORE
Bangalore KA 560018 IN and any of its subsidiaries and affiliates.
The Terms here explain the legal agreement between You and AIKENIST and sets out the Universal
Unless otherwise agreed in writing with Aikenist, Your legal agreement with AIKENIST will always
a minimum, the terms and conditions as set out hereinbelow and under Acceptable Use Policy. These
are referred as the “Universal Terms”. We reserve the right to modify and amend these Universal
Terms from time to time at Our sole discretion, in which case the new Universal Terms will supersede
prior versions of the Universal Terms. We shall post the modified or amended version of these
Universal Terms in this section of the Website. By using Our Services after the
changes/modifications have been posted, You agree to automatically accept those
changes/modifications and it shall be deemed conclusively that You have agreed to comply with and be
bound by all terms and conditions of the modified version of Universal Terms thereafter.
Your agreement with AIKENIST will also include the terms of any agreed terms in writing or otherwise
applicable to the Services, in addition to the Universal Terms. All of these are referred to as the
“Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for You to
read either within, or through Your use of, that Service or would be under a separate written
agreement with You.
The Universal Terms, together with the Additional Terms, if any, (collectively referred to as
“Terms”), form a legally binding agreement between You and AIKENIST in relation to Your use of the
Services. It is important that You take the time to read them carefully.
If there is any contradiction between the Additional Terms and the Universal Terms, then the
Additional Terms shall take precedence in relation to that Service.
ACCEPTING THE TERMS
In order to use the Services, You must first agree to the Terms. You shall not use the Services if
You do not accept the Terms.
You can accept the Terms by:
clicking accept or agree to the Terms, where this option is made available to You by AIKENIST in the
user interface for any Service; or
by actually using the Services. In this case, You understand and agree that AIKENIST will treat Your
of the Services in any manner whatsoever (including without limitation to login into or accessing
Our Services or installing Services on any devices) as acceptance of the Terms from that point
By accepting the Terms in writing under a written agreement between You and Aikenist.
You shall not use the Services and shall not accept the Terms if (a) You are not of legal age to
enter into and form a legally binding contract with Aikenist, or (b) in the event You are entering
these Terms on behalf of any entity/company or its group or affiliates, You do not possess the
requisite authority to bind such entities, company, or its groups and affiliates to these Terms, or
(c) You are a person barred from receiving the Services or entering into binding legal contract
under the laws of India or other countries including the country in which You are resident or from
where You intend to use the Services.
Before You continue, You should print or save a local copy of the Universal Terms for Your records.
“Data” means any and all information and materials, including without limitation, Data of Users and
End Users, submitted to the Services by You through Your Account or any data provided by You /
Customer to AIKENIST in connection with Your / Customer’s use of the Services. Data that shall be
provided to AIKENIST shall be used for processing and aggregated de-identified Data may be used for
testing, improvement and development of the Services. Further, the outputs of the usage of the Data
with the Services may be used for publications including in peer reviewed journals and for
“Devices” means laptops, desktops, mobile phones, any electronic device capable of using Aikenist’s
proprietary software or any other device which contains Aikenist’s proprietary software provided by
to the Customer. AIKENIST shall have a right to access the Devices periodically to check on the
of scans processed as well as for routine maintenance. We shall have a right to remove the
software from the Devices and the Customer shall be obligated to return the Devices to its factory
settings, free from Aikenist’s software and Our intellectual property. Further, the Customer shall
obligated to return the Devices to Us within 30 days from date of such demand as and when raised by
“Eligible Data” means the following:
X-Ray Specifications Inclusion Criteria:
1. Patient Age: 6 years and above
2. Modality: CR/DR/DX
3. Study Description: Chest X-ray
4. Body Part Examined: Chest
5. Image View: AP/PA
6. Image Format: DICOM (.dcm)
7. Image Resolution: Minimum of 1440×1440
1. Lateral X-rays
2. X-rays that do not contain the entire lung field
3. X-rays of other body parts
4. X-rays of patients below 6 years of age
CT Scans Specifications Inclusion Criteria:
1. Non-contrast axial CT scan series with consistently spaced axial slices
2. Soft reconstruction kernel covering the complete brain
3. Maximum slice thickness of 6mm
4. Age is more than 18 years
1. Scans with obvious postoperative defects, or from patients who previously underwent brain surgery
2. Scans with artifacts such as burr holes, shunts or clips
3. Scans containing metal artifacts
4. Scans containing excessive motion artifacts
5. Scans containing improperly ordered slices
6. Series containing missing slices
“End User” means any person or entity other than You or Your Users with whom You interact using the
“Personal Data” means information relating to an identified or identifiable natural person that is
submitted by You to the Services as part of Data. Identified or identifiable natural person is one
who can be identified, directly or indirectly, in particular by reference to an identifier such as a
name, an identification number, location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic, cultural or social identity of
that natural person.
“Process” means any operation or set of operations which is performed on Data or on sets of Data,
whether or not by automated means, such as collection, recording, organisation, structuring,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure or
“User” means a designated user within the Services, including an account administrator, employee,
shareholder, auditor, lawyer, founder and other designated users
“Website” means www.aikenist.com.
2. YOUR / CUSTOMER’S ROLE AND OBLIGATIONS
You shall be solely responsible for receiving all explicit or implicit consents, as required under
applicable laws, from the patients, Users or similar Data owners and having accepted these Universal
Terms, it will be deemed that such consents have been duly received by You and will be available
upon request for Us to audit.
The responsibility of de-identification and anonymization of the Data shall solely vest with You and
the Data shall be de-identified and anonymized by You before being processed on Our Services. Any
Data that is processed by You on Our Services shall be presumed to be de-identified or anonymized by
You as required under applicable laws. To the maximum extent permitted under applicable laws,
is neither responsible for nor does AIKENIST undertakes any lability whatsoever arising from You
processing any Personal Data on Our Services.
You undertake and represent that You are well aware that (i) the Aikenist’s Services are supportive
medical image analysis tools which support radiologists in the radiology diagnostic process by
identifying some abnormalities which may be present in the medical image; (ii) Aikenist’s Services
intended solely for investigational purposes and is not intended for primary diagnosis; (iii)
Services are intended for use only by appropriately qualified and trained medical personnel, which
are board certified radiologists with a valid license to practice; and (iv) Aikenist’s Services are
intended for use only as a supplement to standard methods of interpreting radiological images.
Aikenist’s Services should not be exclusively relied upon for arriving at a diagnosis, treatment
or other decision that may affect patient care. It is clarified that use of Aikenist’s Services
not result in any change in clinical protocol, patient management policies, etc. that may be
maintained by You.
AIKENIST or any other person or party that contributed to this Services makes no representations or
warranties in relation to the medical information in these Terms. Reliance on any information
provided by the Services or any linked websites is solely at Your own risk. AIKENIST specifically
disclaims all responsibility for any liability, loss, or risk, personal or otherwise, which is
incurred as a consequence, directly or indirectly, of the use of the Services or the application of
any content contained or referenced therein.
The ultimate judgment regarding the propriety of any specific medical treatment must be made by the
expert medical physician and the patient in light of all the circumstances presented by the
individual patient, and the known variability and biological behaviour of the disease.
3. YOUR / CUSTOMER’S REPRESENTATIONS AND WARRANTIES
i. YOU REPRESENT AND WARRANT THAT YOU SHALL NOT:
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or
otherwise commercially exploit or make the Services available to any third-party, other than Users
in furtherance of Your internal business purposes and as expressly permitted by these Universal
Terms or Additional Terms;
modify, adapt, re-engineer, replicate, or hack the Services or otherwise attempt to gain or gain
unauthorized access to the Services or related systems or networks;
use the Services to Process any Personal Data;
violate any law or regulation, including, without limitation, any applicable export control laws,
privacy laws or any other purpose not reasonably intended by Aikenist;
use the Services to store or process any content that infringes upon any person’s intellectual
property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or
“crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (through
use of manual or automated means).
ii. You represent and warrant that the electronic Devices, systems and any other hardware or cloud
computing provided or used by You for availing the Services are free from:
all viruses known in the software industry at the time of its implementation and that could have
been detected by the use of the latest commercially available virus detection software;
all forms of electronic repossessions and logic bombs as far as those logic bombs could have been
avoided by You; and
all forms of disabling codes, applications or software that may affect the proper operation of the
Services, howsoever placed or manifested.
iii. You further represent and warrant that You shall take all necessary steps to ensure all Your
Devices are, up-to-date at all times and possessing the required capabilities to detect and tackle
all new forms of viruses, as may be detectable by the use of the latest commercially available virus
iv. You represent and warrant that You, Your affiliates, owners, directors, officers, employees and
agents will not at any time offer, promise, pay or arrange for payment or indulge in giving of a
bribe or any benefit, advantage or anything of value to any public official, individual, entity or
any other third party in exchange for an improper advantage in any form either directly or
indirectly. You further represent and warrant that You, Your affiliates, owners, directors,
officers, employees and agents will act in full compliance with any applicable anti-corruption laws
and regulations, industry and professional codes including the Prevention of Corruption Act, 1988,
FCPA, UK Bribery Act, and any other international or local legislation on the subject matter. You
shall ensure and always maintain appropriate records as per standard industrial practices with
respect to billing, accounting and other internal controls to ensure compliance with international
and other applicable anti-bribery and anti-corruption laws.
4. USE OF AIKENIST’S PRODUCTS, SOFTWARE, AIKENISTAPP AND DEVICES
You acknowledge that the use of Aikenist’s products, software, applications including the
Devices will at all times be pursuant to and only as detailed in the User manual provided along with
the Aikenist’s products, software, applications and Devices and as per the terms and conditions
contained in Aikenist’s products, software, applications such as the AikenistApp and Devices. We may
the User manual and the terms and conditions periodically. We undertake to provide, at Our sole
discretion, all necessary support to You in case such an update is done and a requirement for Your
identified personnel is deemed fit.
5. UPDATE OF SOFTWARE
We may update the Aikenist’s products, software, applications such as the AIKENIST App and Devices
(“Update”) anytime. However, in case the Update is not accepted, We shall not be responsible for any
malfunction in Aikenist’s product, software and Device, that could have been reasonably rectified
through such Update. You shall, within a period of five (5) business days from the Update, report
any issues with the Update to us. Upgrades to the Aikenist’s product, software, AIKENIST App and
which include but are not limited to new features or new findings, shall be provided at an
additional cost. It is clarified that providing Updates and upgrades for any offline deployment of
Aikenist’s software via Devices or for any on premise deployment shall be at sole discretion of
AIKENIST does not promise that it will always Update the Services (including mobile applications
AikenistApp) so that it is relevant to You and/or works with the Android & iOS versions that You
installed on Your Device. However, You promise to always accept Updates to the Services when offered
to You, We may also wish to stop providing the Services, and may terminate use of it at any time
without giving notice of termination to You. Unless we tell You otherwise, upon any termination, (a)
the rights and licenses granted to You in these terms will end; (b) You must stop using the
Services, and (if needed) delete it from Your Device.
Like all forms of online information, the content and quality of these Services may change over
time. It is the primary responsibility of the User to use their individual judgment and to consult
with their health care professional to ensure that Services are appropriate for their treatment.
6. PAYMENT TERMS
Each payment or deposit to be made by You to AIKENIST for use of Services shall be made by way of
transfer into current account of AIKENIST as per details provided by AIKENIST in writing. Customer
forthwith provide AIKENIST the proof of payment made by way of direct transfer.
Each payment and deposit to be made by You to AIKENIST shall be made without set-off or counterclaim
free and clear of and without any deduction or withholding of any kind whatsoever. If You deduct
income tax at source or withholding tax, if applicable from the payments to be made to Aikenist
hereunder, You shall do so at rates applicable to AIKENIST and shall issue TDS certificates to
In the event of any failure or delay by You to pay or deposit any amount on or before the due dates
as required under the Services, You shall pay AIKENIST interest at the rate of 1.5% (one point five
cent) per month on the amount delayed, for the period of such delay. Payment of such interest shall
be without prejudice to Aikenist’s other rights and remedies under law or otherwise.
All costs and expenditures arising from payment and deposit to be made to AIKENIST by You, including
without limitation, the wire transfer charges, transaction fees, etc. shall be solely borne by You.
IMPORTANT: You must inform Your bank/ financial payment partner that “Sender pays all fees" to
ensure that the full invoice amount is received by Aikenist.
Any costs, fees, expenses or disbursements incurred by the AIKENIST in recovering any monies payable
the Customer to Aikenist, including dishonoured cheques, failed wire transfers, debt collection
fees, legal costs and interest thereon shall be paid by the Customer on a full indemnity basis.
You shall submit a payment advice detailing the invoice(s) against which each payment is made along
with the details of TDS, if any, simultaneously with the payment. Such payment advice along with a
soft copy of the TDS certificate shall be submitted to email id email@example.com . The format of
payment advice is as below:
InvoiceDate Invoice No. Gross Amount TDS Net Amount Payment Date UTR No. / NEFT No. / Bank
7. PERSONAL DATA PROTECTION
We shall not accept any protected health information or Personal Data as defined under the
applicable laws, except as set out under these Universal Terms.
All Data shall be de-identified by You before being provided to Us or uploaded on Our Services. No
Personal Data will be disclosed by You to Us. Nevertheless, it is agreed that in the event that We
come into contact with any Personal Data, We shall not use such information for any purpose or
disclose it to any third parties, except as required by applicable law.
You, including Your authorized personnel shall view and Process the Data only on a need-to-know
basis and only to the extent necessary to perform Your obligations under the Universal Terms or as
expressly instructed by AIKENIST in writing. You agree to not disclose Data to third parties without
having first received express written approval from Aikenist.
The Data Processing Agreement (“DPA“), forms part of and is subject to these Universal Terms. You
acknowledge and confirm Your acceptance to the terms and conditions as set forth in the DPA and
agree to abide by the Customer (as defined in DPA) obligations under the DPA.
You shall at all times, from the date of accepting these Universal Terms maintain the secrecy of and
shall keep confidential, any and all information and documents which You may come to know of /
acquire in connection with use of Services (collectively “Confidential Information“) and shall not
use or disclose such information except for discharge of Your respective obligations any agreement
with AIKENIST or if required by law.
Confidential Information shall include all information and materials relating to or arising from use
of Services in any form whatsoever, and information which is by its nature confidential or which the
discloser advises the recipient is confidential. Confidential Information shall not include
information which is presently in the public domain or subsequently enters the public domain without
any lapse on Your part.
You shall not disclose any confidential information to any third party except that the disclosure is
permitted to Your counsel and advisers and government officials to the extent necessary for the
purpose of performing the transactions contemplated with AIKENIST under any agreement. Such
shall require prior written approval of Aikenist. You shall return information that has been
from AIKENIST including (if any) copies that have been made either in paper or in softcopy
You shall keep in Your possession and treat Confidential Information as confidential regardless of
when it is disclosed.
You acknowledge that any breach of Confidential Information will cost irreparable injury to
which cannot be compensated by monetary damages and as such AIKENIST shall be entitled to seek
injunctive relief against You for any threatened or actual breach of confidentiality.
You shall return and/or destroy all Confidential Information received (including any copies or
reproductions thereof) in Your possession or control file as soon as You permanently stop using
Services but not later than seven (7) days from date of last such use of Services and shall cease to
use any such Confidential Information. Proof in writing of such return, destruction and cessation
shall be provided by You.
You shall immediately inform AIKENIST in writing in case of any unauthorized use or disclosure of
Confidential Information to any third party.You shall cooperate with AIKENIST in every reasonable
help AIKENIST regain possession of such Confidential Information and prevent its further
9. INTELLECTUAL PROPERTY
Under an agreement in writing with You, AIKENIST may grant You certain rights/ license to use
products, software, or Devices solely for a purpose mentioned in the agreement therein. You shall
not directly or indirectly transfer, assign, sub-license to any third party or in any manner permit
Aikenist’s products, software, or Devices to be used outside the designated territory, beyond the
designated use and beyond designated Users as mentioned in the agreement. Notwithstanding anything
contained herein, You or Your representatives shall not, directly or indirectly, reverse engineer or
aid or assist in the reverse engineering of all or any part of Aikenist’s products, software or
Reverse engineering includes, without limitation, decompiling, disassembly, sniffing, peeling
semiconductor components, or otherwise deriving source code.
You hereby acknowledge and confirm that all intellectual property rights relating to the trademarks,
service-marks, copyrights (including in Services), patent, trade-names including Our corporate name
or any part thereof, are owned by, licensed to, possessed by or belong to AIKENIST and nothing
in herein shall be deemed to authorize You to use or give any rights with respect to Aikenist’s
(i) You hereby agree to indemnify, defend and hold harmless Us, Our employees, members, directors,
managers and officers from and against any loss, liability, damage, penalty or expense including
attorneys’ fees and costs of defense which We may suffer or incur as a result of any gross
negligence or willful misconduct or fraud by You, Your employees or agents;
(ii) breach of the representation, warranty and undertakings made and agreed by You under these
Universal Terms or under any agreement with AIKENIST and policies or documents they incorporates by
reference, or Your violation of any law, rules or regulation;
(iii) breach of confidentiality
(iv) by the use of the Data in the Services.
In no event shall AIKENIST have any liability to You or any Users for any damages whatsoever,
direct, indirect, special, incidental, punitive, exemplary or consequential damages, or damages
based on lost profits, however caused and, whether in contract, tort or under any other theory of
liability, regardless of whether such damages were foreseeable or whether You were advised of the
possibility of such damages.
The Services may include programs or code that are licensed under an Open-Source Software (“OSS“)
license model. OSS programs and code are subject to the terms, conditions, and obligations of the
applicable OSS license, and are specifically excluded from all warranty and support obligations
described elsewhere in these Universal Terms.
The Services may contain independent third-party products (software or hardware) which are not
manufactured or developed by AIKENIST and rely upon such third-party products (software or hardware)
to perform certain functionality. AIKENIST make no warranties either expressed or implied as to the
accuracy of any such third-party products (software or hardware). Third party technology that may be
appropriate or necessary for use with some software or hardware may be specified in the relevant
documentations. The subscriber’s right to use such third-party technology is governed by the terms
of the third-party technology license agreement specified by Us and not by these Universal Terms.
The AIKENIST App may contain (or You may be sent through the Site) links to other websites or
content belonging to or originating from third parties or links to websites and features in banners
or other advertising. Such external links are not investigated, monitored, or checked for accuracy,
adequacy, validity, reliability, availability or completeness by us. We do not warrant, endorse,
guarantee, or assume responsibility for the accuracy or reliability of any information offered by
third party website/app linked through the AIKENIST App. We will not be a party to or in any way
responsible for monitoring any transactions between You and third-party providers of products or
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall AIKENIST be liable to You for
special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits or wrong medical image tag detection or missed image tag
detection (both omission and commission) or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to meet any duty including of
reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out
of or in any way related to the use of or inability to use the Services, the provision of or failure
to provide support or other Services, information, software, and related content through the
Services or otherwise arising out of the use of the Services including, but not limited to, any
clinical diagnosis, misdiagnosis or consequences to patient well-being and software performance
changes or failures to You that may result directly or indirectly from integrating with the Services
None of the individual authors, contributors, developers of these Terms nor anyone else connected to
AIKENIST in take any responsibility for the results or consequences of any attempt to use or adopt
of the information presented by these Terms.
All information on the Services is provided in good faith, however /Without prejudice to the
generality of the foregoing paragraph, AIKENIST does not warrant that the medical information in
Universal Terms is complete, true, accurate, up-to-date, or non-misleading. Neither does Aikenist
assumes legal liability or responsibility for the points mentioned above.
Any misuse or abuse of the Aikenist’s Services, Website and mobile application is strictly
The Services and documentation are made available to You “as is” and without warranty of any kind.
AIKENIST specifically disclaims all warranties, express or implied, including without limitation,
warranties of merchantability, fitness for a particular purpose and non-infringement. AIKENIST does
warrant that Services, documentation, or any other information, materials and/or Data provided
hereunder will meet Your requirements or is complete, accurate or error-free. You shall not make any
representations or warranties on behalf of Aikenist. You are solely responsible for backing up any
13. TESTIMONIAL DISCLAIMER
The Site may contain testimonials by Users of Our Services. These testimonials reflect the real-life
experiences and opinions of such Users. However, the experiences are personal to those particular
Users, and may not necessarily be representative of all Users of Our Services. We do not claim, and
You should not assume, that all Users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and
are reviewed by Us before being posted. They appear on the Site verbatim as given by the Users,
except for the correction of grammar or typing errors. Some testimonials may have been shortened for
the sake of brevity where the full testimonial contained extraneous information not relevant to the
The views and opinions contained in the testimonials belong solely to the individual User and do not
reflect Our views and opinions. We are not affiliated with Users who provide testimonials, and Users
are not paid or otherwise compensated for their testimonials
Any personal information provided to AIKENIST will be dealt with in accordance with Aikenist’s
policy. Any information provided may be accessed by any employee of AIKENIST and its related
Assignment: Any rights or obligations hereunder may be assigned by AIKENIST without Your prior
consent. However, You shall not assign any rights or obligations hereunder without the prior written
consent of Aikenist. These Terms bind, and inure to the benefit of, the Parties and their respective
successors and permitted assigns.
Entire Agreement: The Terms together constitute the entire agreement and supersede any and all prior
agreements between You and AIKENIST with regard to the subject matter hereof. The Terms shall
over the terms or conditions in any purchase order or other order documentation You or any entity
that You represent provides (all such terms or conditions being null and void), unless otherwise
agreed and accepted in writing by Aikenist.
Amendment: We may amend these Universal Terms from time to time, in which case the new Universal
Terms will supersede prior versions. We will notify You of any material revisions not less than ten
(10) days prior to the effective date of any amendments to these Universal Terms and Your continued
use of the Services following the effective date of any such amendment may be relied upon by Us as
Your acceptance of any such amendment. You can review the most current version of the Universal
Terms at any time by visiting this page.
Severability; No Waiver: If any provision in these Universal Terms is held by a court of competent
jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so
as to best accomplish the original provision to the fullest extent permitted by applicable law, and
the remaining provisions of these Universal Terms shall remain in effect. Aikenist’s non-exercise of
right under any provision of these Universal Terms does not constitute a waiver of that right or
provision of these Universal Terms.
Relationship of the Parties: The Parties are independent contractors. These Universal Terms do not
create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among
Survival: All clauses which, by their nature are intended to survive, including without limitation
clauses 1 (Definitions), 3 (Your / Customer’s Representations And Warranties), 7(Personal Data
Protection), 8 (Confidentiality), 9 (Intellectual Property), 10 (Indemnification), 11 (Limitation Of
Liability), 12 (Warranty) 15 (Miscellaneous), shall survive any termination of Aikenist’s agreement
respect to use of the Services by You. Termination shall not limit either Party’s liability for
obligations accrued as of or prior to such termination or for any breach of the Terms.
Notices and Consent to Electronic Communications: All notices to be provided by AIKENIST to You
these Terms may be delivered in writing (i) by nationally recognized overnight delivery service
(“Courier”) or to the contact mailing address provided by You on subscribing to the Services; or
(ii) electronic mail to the e-mail address provided by You. Aikenist’s address for a notice to
writing by Courier is 7th Floor, Oberoi Commerz-II, International, Business Park, Oberoi Garden
City, Off Western, Express Highway, Goregaon East, Mumbai, Maharashtra, 400063, India with a CC to
firstname.lastname@example.org for electronic mail. All notices shall be deemed to have been given immediately
delivery by electronic mail, or if otherwise delivered upon receipt of mail or Courier as permitted
Publicity Rights: You hereby grant AIKENIST the right to identify Yourself as Aikenist’s Customer on
websites and/or marketing collateral and to include Your use of the Services in case studies,
research. You shall not use the trademark, trade name or the AIKENIST logo or any other mark or logo
Aikenist, except with the prior written consent and as per the directions of Aikenist.
Change in Law: AIKENIST shall not be liable for any increase in costs or reduction in net after Tax
return or other financial burden, loss, liability or damage on You arising as a result of Change in
Law. You acknowledge and agree that it shall not be entitled to any compensation from AIKENIST in
event of any Change in Law or the operation or enforcement of current applicable laws. “Change in
Law” for the purposes of this clause means the enactment, adoption, promulgation, modification or
repeal (including any change in interpretation or application by the relevant authorities), of any
Governing Law & Jurisdiction: These Universal Terms and all rights, duties and obligations arising
hereunder shall be governed by and in accordance with the laws of India; notwithstanding any
conflicts of laws principles. Subject to Dispute Resolution clause below, Parties submit to the
exclusive jurisdiction of the courts at Mumbai. The Parties waive any objections to such
jurisdiction, including venue and inconvenient forum.
Dispute Resolution: Any dispute arising under, relating to or in connection with these Universal
Terms, or the breach hereof, including any question regarding its existence, validity or
termination, shall be resolved by mediation first, failing which they shall be referred to and
finally resolved by arbitration in accordance with the arbitration rules of the Mumbai Centre for
International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in
this clause. The award rendered by the arbitrator shall be final and binding on the Parties. The
arbitration shall be conducted by a sole arbitrator, who will be appointed by MCIA in accordance
with MCIA Rules. The seat and the venue of the arbitration shall be Mumbai. The language to be used
in the arbitral proceedings shall be English.
Class Action Waiver: Any Claim brought by You or Your Users against AIKENIST shall be under
capacity, and not as a plaintiff or class member in any purported class, collective, representative,
multiple plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to
maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will
not have authority to combine or aggregate similar claims or conduct any Class Action nor make an
award to any person or entity not a party to the arbitration. Any claim that all or part of this
Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a
court of competent jurisdiction and not by an arbitrator. You understand that any right to litigate
in court, to have a judge or jury decide their case, or to be a party to a class or representative
action, is waived, and that any claims must be decided individually.
Injunctive Relief. You agree that a breach of Terms will cause irreparable injury to AIKENIST for
monetary damages would not be an adequate remedy and AIKENIST shall be entitled to equitable relief
addition to any remedies it may have hereunder or at law or equity without any proof of damages.
Disclosure: We reserve the right to access, read, preserve, and disclose any information that We
obtain in connection with the Site, and Your use thereof, as We reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii)
enforce the Terms, including to investigate potential violations of them, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v)
protect the rights, property or safety of Aikenist, its Users or the public.
Consent to Electronic Communications and Solicitation: By downloading the AIKENIST App, and/or
through notification settings, You authorize AIKENIST to send You (including via email and push
notifications) information regarding the Services, such as: (a) notices about Your use of the
Services, including notices of violations of use; (b) Updates to the Service and App and new
features or products; and (c) promotional information and materials regarding Aikenist’s Services.
can review and/or unsubscribe to such notifications by following instructions as provided by
Aikenist does not warrant the information on this Website, which is provided “as is" without
warranty of any kind, including without limitation, any warranty of design, merchantability or
fitness for a
particular purpose, and without warranty as to non-infringement or the performance or results
may obtain by using the information. The entire risk as to the results and performance obtained
using the information on this Website is assumed by You. Aikenist does not assume responsibility
any errors or omissions in the information or documents which are referenced by or linked to
Aikenist makes no warranty that:
1. This Website will meet Your requirements,
2. The content/material on this Website will be uninterrupted, timely, secure or error free,
3. The results that may be obtained from use of this Website will be accurate or reliable,
4. The quality of any content/material or other information obtained by You through this Website
meet Your expectations, and
5. Any errors in the Website will be corrected.
Any material downloaded or otherwise obtained through the use of this Website is done at Your
discretion and risk and that You will be solely responsible for any damage to Your computer
or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by You from Aikenist or through or
this Website shall create any warranty not expressly stated in this disclaimer.
In no event shall Aikenist be liable to You or any third party for any direct, indirect,
consequential, special, or exemplary damages, including, without limitation, any lost profits,
business interruption, lost savings or loss of programs or other data arising out of, in
with, or relating to any use of this Website, or of any site or resource linked to, referenced,
accessed through this web site, or for the use or downloading of, or access to, any materials,
information, products, or services as listed on this Website, even if Aikenist has been advised
the possibility of such damages. This exclusion and waiver of liability applies to all causes of
whether based on contract, warranty, tort, or any other legal theories.
This Website and the information contained therein could include technical or other inaccuracies
typographical errors. Aikenist periodically changes the information herein which will be
incorporated into new additions of the Website. Aikenist may make improvements and/or changes
described in this Website at any time and without prior notice.
Acceptable Use Policy
Pursuant to Our Universal Terms, this Acceptable Use Policy (“Policy”) establishes the
acceptable use requirements for ’s Services, primarily the technology infrastructure used to
provide such Services. may revise this Policy from time-to-time in its sole discretion and
notice of any revision will be made in accordance with the agreement under which provides You
with such Services.
(ii) Users are permitted to use the Services and technology infrastructure of solely for the
purposes authorized in the applicable agreement under which provides each User with such
(iii) You may not use, or facilitate or allow others to use, the Services:
(a) for any illegal or fraudulent activity;
(b) to violate the rights of others;
(c) to threaten, incite, promote, or actively encourage violence, terrorism, or other serious
(d) for any content or activity that promotes child sexual exploitation or abuse;
(e) to violate the security, integrity, or availability of any User, network, computer or
communications system, software application, or network or computing device;
(f) to distribute, publish, send, or facilitate the sending of unsolicited mass email or other
messages, promotions, advertising, or solicitations (or “spam”).
(iv) Users and Customers must report all breaches of this Policy of which they are aware of to .
Each User must do so by reporting the breach to ’s DPO (dpo@.ai).
Investigation and Enforcement We may investigate any suspected violation of this Policy and
Universal Terms and remove or disable access to any content or resource that violates this
Policy or Universal Terms. You agree to cooperate with Us to remedy any violation. When
determining whether there has been a violation of this Policy or Universal Terms, We may
consider Your ability and willingness to comply with this Policy and Universal Terms, including
the policies and processes You have in place to prevent or identify and remove any prohibited
content or activity.
Please contact email@example.com for information on Aikenist.ai’s information security measures.