Terms & Conditions
You acknowledge and agree that we reserve the right to modify the Service (or any part thereof) from time to time and that we shall not be liable to you or to any third party for any modification to the Service and all content and information provided on and through the Service shall be used only under these Terms.
The Service is owned and managed by Skyfire Applied Intelligence Private Limited.
For purposes of clarity and interpretation, certain words & expressions that may or may not be defined elsewhere have their meaning set out below:
“Service” means and refers to berry.care, including the application, the website, and services performed as a part of the application or the website.
“Service Provider” or “We” means and refers to Skyfire Applied Intelligence Private Limited that provides an oral cancer screening mobile application by the name of berry.care that enables people to click images of the parts of the oral cavity and have a doctor remotely review it and provide feedback. berry.care is an “intermediary” as defined under the Information Technology Act, 2000;
“User” means and refers to anyone accessing and/or using the Service except Doctors. It includes individuals directly accessing and/or using the Service, Organizations acting on behalf of individuals and individuals on whose behalf Organizations act on the Service;
“Organization” means and refers to any third party body corporate including but not limited to any company, non-government organization, government body or any other body corporate by any name, that creates or manages an account on the Service in order to conduct screenings of individuals.
“You” means and refers to both User and Doctor.
Intellectual Property Rights
The Service and all materials incorporated in the Service (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights. All the information and content made available through this Service to you, including the images / text / documents created or uploaded by you, shall remain the property of the Service Provider, and such information and marks are protected by copyright, trade mark, patent and /or other proprietary rights and relevant laws, rules and regulations. You shall not copy, reproduce, transmit, distribute or create derivative works of such content or information without prior express authorization. The Service Provider holds the right to display images, or pictures on its Service. The Service Provider owns all content, trademarks and logos provided on the Service. Nothing contained in the Service should be construed as granting any estoppel or otherwise any license or right to use any trade names, trademarks, or service marks without the prior written consent of the owner of such trade names or trademarks. The Service Provider also holds the copyright to the Service and all parts thereof as a collective work and/or compilation, including the selection, coordination and arrangement of the Service’s content.
Your Use of Material
Your right to make use of the Service and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of any content on the Service for any purpose not explicitly permitted by these Terms or an express written permission by the Service Provider may constitute a violation of Copyrights and / or Trademarks and is prohibited.
The material and all other content on the Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless explicitly authorized by the Service Provider. Using any material on any other website/application or networked computer environment is prohibited. De-compiling, reverse engineering, disassembling, or otherwise reducing the code used in any software as a part of the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited.
Limitations on Use
You shall not de-compile, reverse engineer, disassemble, rent, lease, sell, sub-license or create any derivative works from the content of the Service. You shall not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, User(s) or Doctor(s). You shall not use any robot, spider, other automatic device or manual process to monitor or copy the contents without taking prior written permission from the Service Provider. You shall not export or re-export the Service or any part of it in violation to the export control laws and regulations of India. No one shall use the Service without authorization; any such access of this Service or its content is prohibited entirely.
Your Submissions and Conduct
A. Any individual can download the app and register an account in accordance with Terms and can do a screening process. A screening process consists of 2 steps:
Meta Data : The individual is asked questions regarding habits that could pose a risk to their health, such as but not limited to chewing tobacco (Gutkha / Khaini / Beetle nut), smoking Beedi, smoking cigarette and consuming alcohol. and the duration for which the individual has had these habits.
Images : The individual uses a camera to take images of different regions in the oral cavity including but not limited to left inner cheek, right inner cheek, lower lip, upper lip, tongue, right side of tongue, left side of tongue, floor of the mouth and the area under the uvula. This data referred to as “User Submissions” gets uploaded for every individual for every screening.
B. Users shall be solely responsible for their own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, Users affirm, represent, and/or warrant that they own or have all the necessary licenses, rights, consents, and permissions to use and authorize the Service to use all forms of intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms.
C. The Service Provider validates every Doctor and allows the Doctor to have a profile on the system. Once the Doctor has a profile, (s)he will be able to screen the images uploaded to the application. The Doctor will be able to state whether each image is non-cancerous or whether there is any pre-cancerous or cancerous condition visible in each image uploaded and provide medical comments if needed and thereafter close a case / screening request.
D. Users that are Organizations can register as an Organization and buy subscription packs for screening (pricing model described below). Each volunteer in an Organization will be given a credential to be used in the Service Organization/Volunteer application. Organizations can setup camps or reach out to communities, register individuals and collect data to screen several people at one go.
Explain these Terms to the individual;
Register an individual;
Collect meta data and images of every individual and upload for screening;
Once the doctors have reviewed the data, an SMS will be sent to the individual in whose name it was registered in order to notify them that the report is ready, and a notification will be sent to the Organization in case they want to follow up;
It is then the responsibility of the individual and the Organization to take it forward and the Service Provider will not be involved in the further process.
E. You further agree that You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual proprietary rights or any other rights including privacy and publicity rights. You state that you are the owner of such rights or have permission from their rightful owner to post the content and to grant the Service Provider a license to use the intellectual property for any purpose.
F. You agree that your conduct on the application will conform to these Terms which may be updated from time to time.
G. The Service Provider does not endorse any User Submission or any opinion, recommendation, or advice expressed by a Doctor and expressly disclaims any and all liability in connection with User Submissions and the advice provided to Users. The Service Provider does not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove all infringing content and User Submissions if properly notified that such content or User Submission infringes on the Service Provider, User, Doctor or any third party’s intellectual property rights.
H. The Service Provider reserves the right to remove:
- any content published by the Service Provider without prior notice; and
- any other content including but not limited to accounts, reports, feedback and User Submissions with reasonable prior notice to the concerned User. The Service Provider will attempt to notify the User on a best effort basis prior to the deletion of any content related to the User.
The workflow for Organization is as follows:
I. If You provide any comments, suggestions or testimonials to us regarding the Service, you authorise us to use those comments, suggestions or testimonials, as the case may be, without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the comments, suggestions or testimonials, as the case may be, for any purpose.
The Service Provider will take all steps to maintain the confidentiality of any information and data submitted by You. Confidential information means any information which can be disclosed either in written, oral or any other media in relation to data regarding individuals’ health regardless of whether or not such information is designated as confidential information at the time of its disclosure.
The Service Provider shall take all necessary precautions to protect the confidential information of Users of the application, The Service Provider shall limit the disclosure of Confidential Information to:
Doctors for the purpose of providing feedback on the basis of the images uploaded and other meta data such as age of the User and whether the User smokes or chews tobacco as this information is essential to providing as accurate a report as possible.
Within its own Organization to its directors, officers, partners, employees and/or independent contractors (hereinafter referred to as “Representatives”) on need to know basis only.
Neither the Service Provider nor its representatives will disclose such confidential information to any third party. However, the Service Provider reserves the right to disclose any information as required by law and when the Service Provider believes that disclosure is necessary to protect the Service Provider’s rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
The confidentiality obligations do not apply to information which:
is available in the public knowledge at the time of disclosure;
is revealed by other party who is free to disclose it;
has been lawfully obtained by the disclosing party from a third party under no obligation of confidentiality.
Disclaimer of Warranties
Your use of the Service is at your own risk. The Service and all the materials, information, software, facilities, services and other content in the Service are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Service Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Service Provider does not warrant that the functions contained in the Service will be available uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make them available are or shall remain free of malware or other harmful components. The Service Provider does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in the Service or any sites linked to the Service in terms of their correctness, accuracy, reliability, or otherwise. The Service Provider makes no warranties that use of the materials, information, software, facilities, service or other content in the Service will not infringe the rights of others and the service provider assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of the Service. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of liability
The Service Provider does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use the Service or the material, information, software, facilities, services or other content on the Service, regardless of the basis upon which liability is claimed and even if the Service Provider has been advised of the possibility of such loss or damage. Without limitation, You (and not the Service Provider) will assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by the applicable law.
In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will the aggregate liability of the Service Provider arising out of or in connection with the Service provided hereunder, whether in contract, tort (including negligence, product liability, or any other theory), warranty, or otherwise, exceed:
in case of a User other than an Organization, the amount of money paid by to the Service Provider for the screening of that User to the Service;
in case of an Organization, the subscription fee paid by the Organization over the preceding three months; and
in case of Doctors, the amount of money collected by the Service Provider from Users for the total number of screenings done by that Doctor in the last six months, minus the money that has already been paid to the Doctor or is due to be paid to the Doctor.
Doctors that provide feedback on the Service agree to indemnify the Service Provider for any losses or damages caused to the Service Provider as a result of the feedback provided by the Doctor.
The Service Provider does not undertake to monitor or review actions taken by a User after provision of a report by the Service Provider to the User. A report shall be deemed to have been provided to a User once the report has been made available in a User’s account or an SMS or email or any other form of communication has been made to the User regarding the report.
The materials, information and opinions included and/or expressed in or on the Service are not necessarily those of the Service Provider or its affiliated or related entities or content providers. The Service Provider may remove or modify any content without notice or liability at any time in its sole discretion. Any use of the Service will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
The Service Provider may modify any of these Terms, add, or remove any part of these Terms at any time without notice. Any changes made to these Terms come into effect immediately upon being posted. If You continue to use the Service after modification of the Terms, You indicate your acceptance of those changes. The Service Provider reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the the Service Provider’s systems as well as your interests shall remain protected.
Charges and Payouts
Pricing Model for individual users:
INR 5000/- as a subscription fee every month. This fee includes screening of 100 patients. An additional fee of INR 55/- needs to be paid for every subsequent individual screened in the month;
The billing cycle is 1st of every month;
Concessions or offers if any woold be applied while paying the bill;
This is a post-paid plan which means the Organization will be paying at the end of every month's usage.
A. Organizations that do not have an oral specialist/doctor and want to use the Service come under the following pricing model:
Organizations are bound to have a minimum of two oral specialists for screening to be qualified to use this pricing model;
Organizations pay a flat 2000/- INR per month for using the platform for screening;
The billing cycle is 1st of every month;
Concessions or offers if any would be applied while paying the bill;
This is a post-paid plan which means the Organization will be paying at the end of every month's usage.
B. Organizations that have their own oral specialists/doctors and want to use the Service come under the following pricing model:
In case an Organization has its own specialists/doctors, the Service Provider or its pool of oral specialists/doctors are not responsible for any screening and will not be liable for any advice.
At all places wherever charges are mentioned in the use of this application, they are net product charges, the charges are based on assumption of activity involved but excluding all statutory taxes, government fees and any other out of pocket expenses.
Payouts to Doctors:
Doctors shall be paid a fixed fee of INR 20/- for each screening done by the Doctor.
Cancellation and Refund Policy
Berry.care reserves the right to reschedule or cancel a screening without prior notice. The time provided for consultation or assessment or services is indicative, and the actual time may vary depending on the availability of healthcare professionals. Customers/users have the option to reschedule or cancel the screening. Upon receiving a valid refund request, Berry.care will initiate the refund process after reasonable validation of the provided information. The customer will receive the refunded amount within 5-7 business days from the date of refund intimation. Please note that if third-party payment aggregators are involved, there may be additional clearance time, and in such cases, the refund will be processed within 15 days. Please be aware that Berry.care will not be responsible for any inconvenience or loss caused to the customer as a result of rescheduling or cancellation. Furthermore, BerryCare reserves the right to refuse service at any time without providing any reasons.
Remedies for Violations
The Service Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms.
If any part of these Terms is found to be unlawful, void, illegal or unenforceable in any respect under any applicable law then that provision shall be deemed to be severed from the remaining provisions and the validity, legality and enforceability of other provisions shall not be affected in any way.
Modifications to Terms
The Service Provider reserves the right to modify these Terms at any time without notice to the User. Updated Terms can be found on the Service. The User is responsible to check for any updated Terms before use of the Service.
Modification or Termination of Service
The Service Provider reserves the right to modify or discontinue the Service either temporarily or permanently. However, the Service Provider will take all reasonable steps to inform the User in the event of such discontinuance of Service and the Subscriber shall have the option of downloading the complete data. You agree that the Service Provider shall be neither liable nor responsible to You or to any third party for any such modification or termination of the services without prior notice.
Governing Law and Jurisdiction
Data collection via the Service and these Terms shall be governed by and construed in accordance with the laws of India. The courts at Bangalore in Karnataka, India shall have jurisdiction to settle any dispute or suit arising out of or in relation to this agreement or these Terms.
If you have any questions or notices of violations to these Terms and Conditions, please contact us at email@example.com
These Terms constitute the entire agreement between You and the Service Provider. These Terms shall supersede all other communications between You and the Service Provider with respect to the subject matter hereof. If You disagree with these Terms or do not accept these Terms then please do not use the Service. By using the Service, you agree to be bound by these Terms.