Last updated: 15 April 2025
This Terms and Conditions agreement ("Agreement") governs your ("You", or "Your") use of services made available by Skyfire Applied Intelligence Private Limited. ("Skyfire", "Berry.care", "Atom360" "We", "Us", or "Our"), websites at the URL https://www.atom360.io/, https://www.atom360.ai/, https://www.berry.care/ and any other service, product, app, or website provided by Skyfire that explicitly specifies the applicability of the Agreement (collectively, "Service") including, but not limited to, free trials, paid services, enterprise services and/or any other service made available by Skyfire that indicate the applicability of this Agreement.
Skyfire Applied Intelligence Private Limited 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. Please carefully read the contents of this Agreement before using the Services (as defined below).
By undertaking any of the following actions, You demonstrate that You have read and agree to this Agreement: (1) by signing up for the Service using Berry.care; (2) by using the Service (as defined below), or (3) by ticking a box indicating acceptance of this Agreement. You further indicate that You have read, understood, and agree to the Privacy Policy.
If the individual accepting this Agreement is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity to these terms and conditions, in which case the term "Customer" shall refer to such entity. If the individual accepting this Agreement does not have such authority, or does not agree with these terms of service, such individual must not accept this Agreement and may not use the services.
Your use of the Service is subject to your compliance with all of the Agreement. Your continued use of the Service constitutes your acceptance and adherence to all of the Agreement set forth. We reserve the right to modify the Service (or any part thereof) from time to time, without prior notice, and that shall not be held liable for any modification to the Service and all content and information provided on and through the Service shall be used only under this Agreement. This Agreement is effective between You and Skyfire as of the date on which You accept the Agreement.
For purposes of clarity and interpretation, certain words & expressions that may or may not be defined elsewhere have their meaning set out below:
means this Terms of Service agreement and includes the Privacy Policy, other Agreements transacted between You and Skyfire related to Service, and any other additional terms and conditions as may be agreed upon by the parties in writing prior to the provision of additional services by Skyfire.
means any law, rules, regulations, ordinances, orders, directives, codes, judgements, decrees, licenses, authorizations, and directives, as applicable from time to time.
means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement. Both Organisations and Individual Users are Customers.
means electronic data and information submitted by or for Customer to the Services, or collected by Skyfire on behalf of Customer. Customer Data includes Participant List but excludes content and Non-Skyfire Applications.
refers to any content, data, or materials uploaded, submitted, or transmitted by the customer to the Service, including but not limited to photographs of oral cavities, metadata, or other associated information. Customer Submissions specifically exclude data or content generated or processed by the Service itself, such as AI-generated analysis or reports derived from the uploaded photographs.
Skyfire will:
Skyfire will be responsible for the performance of its personnel (including its employees and contractors) and their compliance with Skyfire's obligations under this Agreement, except as otherwise specified explicitly in this Agreement.
Customer understands and agrees that Skyfire collects certain data and information about the Customer and its Users as described in the Privacy Policy. Customer agrees to the collection of such data on its behalf and on behalf of its User. The Customer further understands and agrees that in the event that a Customer does not agree to provide such data, the Customer may not use the Services. Skyfire will not be liable or responsible for any failure to provide Services resulting from the Customer's refusal to provide any data or information as described in the Privacy Policy. Skyfire will maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Customer Data, as described in detail in Our Privacy Policy. Those safeguards include but are not limited to, measures designed to prevent unauthorized access to or disclosure of Customer Data (other than by User or Users themselves). For more details on how Skyfire protects Customer Data, please refer to Skyfire's Privacy Policy.
Services under Free Trial will be available to the Customer on a trial or evaluation basis free of charge until the earlier of: (i) the end of the registered Free Trial period; (ii) the start date of any purchased Service subscriptions for such services; or (iii) termination by Skyfire at its sole discretion at any time without prior notice and without assigning any reason. Any additional terms and conditions appearing on the trial registration web page are incorporated into this Agreement and are legally binding.
Free Services are provided up to certain limits as described in the Documentation or in the Free Service. Usage beyond these limits requires the purchase of additional resources or services. Customer is prohibited from attempting to circumvent any usage limits. Customer is responsible for exporting its data from the Free Services before termination of access. Skyfire may terminate access to Free Services at its sole discretion at any time without prior notice and without assigning any reason. In case of termination by Skyfire, Customer will be provided a reasonable opportunity to retrieve its data, except as required by Applicable Law.
Skyfire may modify Free Trial, and/or Free Services (in this Section 3, collectively, “Unpaid Services”) at its sole discretion at any time and from time to time without prior notice. Skyfire may terminate Customer’s access to Unpaid Services at its sole discretion at any time without prior notice and without assigning any reason. Customer agrees that Skyfire will not be liable to Customer or any third party for such modification or termination of Unpaid Services.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTIONS 9 AND/OR 10, UNPAID SERVICES ARE OFFERED “AS-IS” WITHOUT ANY WARRANTY AND SKYFIRE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO UNPAID SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE SKYFIRE’S LIABILITY WITH RESPECT TO UNPAID SERVICES SHALL NOT EXCEED USD ONE HUNDRED ($100.00). WITHOUT LIMITING THE FOREGOING, SKYFIRE, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES AND LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF UNPAID SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF UNPAID SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, AND/OR (C) DATA OR OUTPUTS PROVIDED DURING THE USE OF UNPAID SERVICES WILL BE ACCURATE.
CUSTOMER ACKNOWLEDGES THAT UNPAID SERVICES (IF ANY) ARE PROVIDED BY SKYFIRE IN RELIANCE ON THE LIMITATION OF LIABILITY WARRANTY DISCLAIMERS IN SECTION 3.4 ABOVE, AND THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
Skyfire offers the following service tiers to its customers:
Unless otherwise provided in the applicable Order Form or equivalent communication: (i) purchased Services and access to content are purchased as subscriptions for the term stated in the applicable Order Form or in the applicable online purchasing portal; (ii) subscriptions for purchased Services may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added; (iv) access to free Services, including limited access to content and features specified in the Service’s documentation or as otherwise described by Skyfire, is provided at no cost to the Customer but may be subject to usage limits, feature restrictions, or discontinuation at Skyfire's sole discretion and (v) any added subscriptions will terminate on the same date as the underlying subscriptions. Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Skyfire regarding future functionality or features.
Skyfire may place technical or non-technical limitations on the use of the Service(s) by Customer, including but not limited to allocation of storage space or bandwidth; maximum photos per day, month, or year; number of photos per screening; size and count of data for a screening; total number of screenings; allowed screening limit; question display rules per screening; file library size and file count; report filters; screening completion notification emails; and any other limitation mentioned in the Order Form, Documentation, or as specified in the Service. Skyfire shall not be liable for any loss or damage faced by the Customer or any third party as a result of any technical or non-technical limitation, whether or not such limitation is explicitly mentioned above. Skyfire may, where technically possible and feasible, and subject to execution of an additional Order Form by Customer, offer to increase certain limits placed upon certain features and functionalities. Customer understands that Skyfire may refuse to increase a limitation with or without any reason at its sole discretion. Customer further understands that certain technical limitations cannot be increased as they may be beyond Skyfire’s control or may require disproportionate effort.
Customer shall be solely responsible and liable for Your conduct and breach of this Agreement by You, and if You are a company or any other entity, You are also responsible and liable for the conduct of Your Users and breach of this Agreement by Your Users.
Ensure that the details specified in the Order Form or any other document provided to Skyfire, are accurate. In an event where the details are incorrect, it is Your sole responsibility to notify Skyfire.
Provide true, accurate, and current information as requested by Skyfire at any time, and promptly and regularly update Your information to maintain its accuracy and completeness. Skyfire reserves the right to suspend or terminate Your access to Service and refuse any and all current or future use of the Service, in whole or in part, by You for providing any information that is untrue, inaccurate, incomplete or not current.
the Services include certain inherent AI and other risks that cannot be eliminated the Services. You agree and acknowledge to undertake the risks and hereby release Skyfire
be solely responsible for ensuring that the Customer’s (or its Users’) account is not used by or on behalf of any third-party without explicit written permission
be solely responsible for compliance with all Applicable Laws as applicable to Customer’s use of the Service
following all established protocols and guidelines provided by Skyfire for the execution of health checkups and the submission of oral photos, maintaining the quality and integrity of the screening process
use Services and content only in accordance with this Agreement, Documentation, Order Form, and the Applicable Law;
be solely responsible for any activity occurring in Customer’s (or its Users’) account, except any conduct that is both: (i) directly and solely attributable to Skyfire without Customer’s authorization; and (ii) in violation of this Agreement;
provide proper disclaimers to patients as directed by Skyfire during screening;
be responsible for creating and administering screenings through the application or Service unless expressly agreed otherwise.
Skyfire reserves the right to immediately suspend or terminate Customer’s account, and refuse any or all current or future use of the Services by Customer for any breach of the foregoing.
The Customer shall:
Applicable only for Subscription based Customers.
Subscription based accounts will receive an API key upon activation for seamless integration. SDK access credentials will be issued for Subscription Customers requiring deeper integration with our services.
Rate limits may apply to API calls, which will be monitored and managed for optimal service performance. Users must authenticate all API requests using the issued API key.
API keys must be stored securely and not shared with unauthorized parties.
Any individual can download the Skyfire application and register an account, and become a Customer, in accordance with this Agreement and can do a screening process. A screening process consists of two steps:
Customers shall be solely responsible for their own Customer Submissions and the consequences of posting or publishing them. In connection with Customer Submissions, Customers and its 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 Customer Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Agreement.
Skyfire 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 and provide medical comments if needed and thereafter close a case/screening request.
Organizational Customers ("Organizations") may register as an Organization and purchase subscriptions as detailed in Section 4.1 of this Agreement, based on the pricing model specified in the applicable Order Form. Each volunteer associated with an Organization shall be issued credentials to access the Service via the Organization/Volunteer application. Organizations are authorized to set up camps, reach out to communities, register individuals, and collect data to facilitate screening multiple individuals simultaneously. When carrying out activities described in this Clause, Organizations shall:
Upon completion of the review of the uploaded data by qualified medical professionals: (i) an SMS notification will be sent to the registered individual, informing them that their report is ready; and a notification will be sent to the Organization to facilitate any necessary follow-up.
Following the issuance of the notifications specified above, it shall be the sole responsibility of the individual, Customer and/or the Organization to take further steps, including but not limited to obtaining and acting upon the screening report. Skyfire shall not assume any liability or involvement in the subsequent actions taken by the individual or the Organization.
The Customer further agrees that they 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. The Customer states that you are the owner of such rights or have permission from their rightful owner to post the content and to grant Skyfire a license to use the intellectual property for any purpose.
The Customer agrees that their conduct on the application will conform to this Agreement which may be updated from time to time.
Skyfire does not endorse any Customer 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. Skyfire does not permit copyright infringement 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 Skyfire, User, Doctor or any third party’s intellectual property rights.
Skyfire reserves the right to remove, at its discretion:
If You provide any comments, suggestions or testimonials to us regarding the Service, you authorize 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.
Skyfire may add, alter, or remove features from any Service, at any time at its sole discretion. Skyfire may limit, suspend, or discontinue a Service at any time in its sole discretion. Provided, however, that no such addition, alteration, removal, limitation, suspension, or discontinuation, will result in an overall decrease in the functionality available to, and used by, Customer during the then ongoing term of this Agreement.
Skyfire may introduce new products and services to complement the existing Services. If such new services are not included in Your existing acquired Services, Skyfire reserves the right and sole discretion to decide whether or not the new services will be made available to Customer, whether or not such new services will be made available as part of Customer’s existing acquired Service, and whether or not the availability of such new services shall be subject to payment of an additional charge. Customer may, at Customer’s sole discretion, choose to provide comments or feedback to Skyfire. Skyfire may, but shall have no obligation to, use the comments or feedback to improve the Service(s) offered by Skyfire.
Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and subscriptions purchased, (ii) payment obligations are non-cancellable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term. Skyfire may offer personalized support, customized tools, or other custom/non-standard work subject to the payment of additional charges. Unless specified otherwise, such additional charges are not included in the fees specified in Order Forms. Customer shall be liable to pay such additional charges as may be specified by Skyfire prior to providing such personalized support, customized tools, or other custom/non-standard work.
Skyfire may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of Customer’s subscription. Skyfire will provide Customer with reasonable prior written notice of any change in fees to give Customer an opportunity to cancel Customer’s subscription before the price change becomes effective.
Unless explicitly specified otherwise in an Order Form or unless the subscription is cancelled by the Customer, subscriptions under Online Agreement will be renewed automatically, and all fees will be deducted from the specified payment method automatically. Customer agrees to provide Skyfire with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Skyfire.
If any invoiced amount is not received by Skyfire by the due date, then without limiting Skyfire’ rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) Skyfire may condition future subscription renewals and Order Forms on payment terms shorter than those specified in the “Invoicing and Payment” section above.
Initiating a chargeback for any fees or payment made to or deducted by Skyfire shall constitute a violation of this Agreement. Skyfire reserves the right to: (a) disable or delete Customer’s account(s) and all associated data, (b) revoke Customer’s licenses, (c) refuse to provide Services in future, (d) charge late interest at the rate of 1.5% of the amount per month, or the maximum rate permitted by law, whichever is lower, (e) condition future subscription renewals and Order Forms on payment terms shorter than those specified in “Invoicing and Payment” section above, and/or (f ) initiate appropriate legal action against Customer for violation of this Section.
If any charge owing by Customer under this Agreement for Services is 10 days or more overdue, Skyfire may, without limiting its other rights and remedies, suspend Services until such amounts are paid in full, provided that, other than for customers paying by credit card or direct debit whose payment has been declined, Skyfire will give Customer at least 10 days’ prior notice that its account is overdue, before suspending services to Customer.
Any account that has been terminated, suspended or any subscription that has been cancelled under the terms of this Agreement, may be reactivated by the Customer and Skyfire on mutually agreeable terms upon payment of such charges and fees as may be determined by Skyfire in its sole discretion.
Skyfire’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, goods and service, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all T axes associated with its purchases hereunder. If Skyfire has the legal obligation to pay or collect T axes for which User is responsible, Skyfire will invoice Customer and Customer will pay that amount unless Customer provides Skyfire with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Skyfire is solely responsible for taxes assessable against it based on its income, property, and employees.
Individuals or Organizations without oral specialists or doctors seeking to utilize the Service shall adhere to the pricing model as described in the applicable documentation or Order Form. This pricing model includes: (i) A subscription fee for a specified number of screenings; (ii)Additional charges for screenings exceeding the subscribed limit; (iii) A monthly billing cycle commencing on the 1st of every month;(iv) Application of any concessions or offers at the time of billing;(v) A post-paid billing structure, with payments due at the end of each month's usage.
The Service offers multiple self-service pricing tiers to meet the varied needs of Organizations. The specific pricing details are outlined in the applicable documentation or Order Form. Organizations with in-house oral specialists or doctors wishing to utilize the Service shall comply with the following conditions: (i) A minimum of two oral specialists must be available for screening to quali for this pricing model;(ii) fixed monthly fee applies for platform usage;(iii) a monthly billing cycle commencing on the 1st of every month; (iv) Application of any concessions or offers at the time of billing; (v) a post-paid billing structure, with payments due at the end of each month's usage.
In cases where an Organization employs its own oral specialists or doctors, the Service Provider and its associated specialists or doctors shall not bear any responsibility for conducting screenings or providing 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.
Doctors performing screenings under this Agreement shall be remunerated at a fixed rate per screening as detailed in the applicable documentation or Order Form.
Subject to the limited rights expressly granted hereunder, Skyfire, its Affiliates, its licensors, and content providers reserve all of their rights, titles, and interests in and to the Services, software, applications, content, logos, screening documentations, and other materials created by them, including all of their related intellectual property rights. Skyfire owns all rights, titles, and interests in and to Skyfire’s registered and unregistered, domestic and foreign trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyrights applications, discoveries, know-how, and trade secrets of and relating to the Services, including any and all survey templates created by Skyfire.
Customer has the right to access and use applicable content subject to the terms of applicable Order Forms, this Agreement, and the Documentation. The Service and all materials incorporated in the Service (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights. You shall not copy, reproduce, transmit, distribute or create derivative works of such content or information without prior express authorization. Skyfire owns all content, trademarks, and logos provided on the Service.
Skyfire may occasionally request feedback from Customer regarding Customer’s use of the Service. Customer grants to Skyfire, its Affiliates, assignees, subsidiaries, and successors a worldwide, perpetual, irrevocable, and royalty-free license to use and incorporate into its products and services any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer or Users relating to the operation of Skyfire’ or its Affiliates’ services without any obligations to Customer and/or its Users, including but not limited to acknowledgement, limitation, or notice of any kind.
Skyfire grants Customer a non-exclusive, non-transferable license to use the provided API and SDK solely for the purpose of integrating and utilizing Skyfire's screening services within Customer's app or website for the agreed-upon collaboration. Customer acknowledges that no license, express or implied, is granted to use Skyfire's intellectual property for any purpose other than the collaboration outlined in this agreement.
Customer grants Skyfire, its Affiliates, and applicable contractors a worldwide, royalty-free, non-exclusive, limited license to host, copy, use, transmit, display, and distribute any intellectual property as necessary to perform the obligations under this Agreement.
All AI-generated content created as part of the Services shall be the exclusive property of Skyfire. For avoidance of doubt, the content generated by the AI in the course of Services shall be deemed works made for hire, with all IP rights vested with Skyfire. If any rights in such content do not automatically vest with Skyfire, Customer agrees to assign all rights, title, and interest in such content to Skyfire.
In the event of any suspected IP infringement, the Skyfire shall notify the Customer in writing, including specific details of the alleged infringement and any supporting evidence. The Customer shall respond within three (3) days]and investigate, providing updates on the actions taken, including potential suspension or cessation of infringing activities. In the case of confirmed infringement by the Customer, Skyfire reserves the right to pursue remedies under law, including injunctions or other relief deemed appropriate. The Parties shall cooperate in such enforcement actions, with costs shared as per a mutually agreed-upon arrangement.
12. 1. “Confidential Information” means and includes all non-public and/or private information disclosed by the Disclosing Party to the Receiving Party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of User includes User Data. Confidential Information of Skyfire includes non-public aspects of the software, User Submissions, documentation related to the Services, and Skyfire’s technical know-how, materials, product development plans, marketing plans, and business information.
As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than a reasonable degree of care to: (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have confidentiality obligations not materially less protective of the Confidential Information than those herein. Notwithstanding anything to the contrary above, Skyfire may disclose: (a) 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; (b) the terms of this Agreement to a subcontractor or independent third-party service provider(s) [if any and hereinafrer referred to as “Representatives”] to perform Skyfire’s obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein.
12.3. Neither Skyfire nor its Representatives will disclose such Confidential Information to any third party. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law, law enforcement, or a court order, to do so, provided that the Receiving Party gives: (a) prior notice of the compelled disclosure to the Disclosing Party (to the extent legally permitted); and (b) reasonable assistance, at the Disclosing Party ’ s cost, if the Disclosing Party wishes to contest the disclosure. Skyfire may disclose Confidential Information of the User to the extent compelled by law, law enforcement, or a court order, to do so. If the Receiving Party is compelled by law or a legal proceeding to disclose the Disclosing Party ’ s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
12.4. In the event of any actual or suspected breach of confidentiality involving the Disclosing Party ’ s Confidential Information, the Receiving Party shall promptly notify the Disclosing Party in writing. Such notification must include a description of the nature of the breach, the data affected, and the corrective actions being taken to address and mitigate the breach.
12.5. Upon termination or expiration of this Agreement, or upon written request of the Disclosing Party, the Receiving Party shall promptly: (i) Return all copies of the Disclosing Party ’ s Confidential Information in its possession, custody, or control; or (ii) Destroy all copies of such Confidential Information and certify such destruction in writing to the Disclosing Party, unless retention is required by law.
13.1.Each party represents that it has (i) no legal or contractual obligations that prevent it from entering into this Agreement; and (ii) the legal power to do so. Each individual executing this Agreement on behalf of a party hereby represents and warrants that it is authorized to do so on behalf of such party.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE ARE PROVIDED "AS IS" AND "AS A VAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LA W , THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SKYFIRE 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. SKYFIRE 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. SKYFIRE 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 SKYFIRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICE. IF APPLICABLE LA W 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 LA W .SKYFIRE DOES NOT MAKE ANY KIND OF CLAIM, REPRESENTATION, OR GUARANTEE THAT THE SERVICES OFFERED WILL PROVIDE A THERAPUTIC BENEFIT TO YOU. SKYFIRE IS NOT A HEALTH CARE PROVIDER OR A MEDICAL SKYFIRE. THE SERVICES PROVIDED ARE NOT A REPLACEMENT OF ANY FORM OF MEDICAL ADVICE OR THERAPY. THE SERVICES PROVIDED ARE NOT INTENDED TO CURE, TREAT , OR DIAGNOSE ANY MEDICAL CONDITIONS WHICH YOU MAY HAVE. SKYFIRE UTILIZES ARTIFICIAL INTELLIGENCE (AI) DRIVEN TOOLS TO ENHANCE SERVICE EFFICIENCY; HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF AI OUTPUTS, AND USERS SHOULD EXERCISE INDEPENDENT JUDGMENT WHEN RELYING ON SUCH OUTPUTS.
MEDICAL LIABILITY : THE SERVICE IS DESIGNED TO ASSIST WITH DETECTING POTENTIAL SIGNS OF ORAL CANCER BUT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT .THE SERVICE PROVIDES CLINICAL DECISION SUPPORT AND SHOULD BE USED ALONGSIDE PROFESSIONAL HEALTHCARE JUDGMENT .HEALTHCARE PROVIDERS ARE RESPONSIBLE FOR INTERPRETING RESULTS AND COMMUNICATING FINDINGS TO PATIENTS. CUSTOMERS MUST INFORM PATIENTS ABOUT THE LIMITATIONS OF THE SERVICE AND RECOMMEND PROFESSIONAL FOLLOW-UPS. THE SERVICE IS NOT INTENDED FOR USE IN EMERGENCIES OR LIFE-CRITICAL SITUATIONS. SKYFIRE DISCLAIMS LIABILITY FOR INACCURACIES OR ERRORS IN THE RESULTS PRODUCED BY THE AI SYSTEM, EXCEPT AS CAUSED BY GROSS NEGLIGENCE.CUSTOMERS ASSUME RESPONSIBILITY FOR INTERPRETING AND ACTING UPON THE RESULTS PROVIDED BY THE SERVICE.SKYFIRE INDEMNIFIES CUSTOMERS FOR CLAIMS ARISING FROM TECHNICAL DEFECTS IN THE AI SYSTEM, PROVIDED THE SERVICE WAS USED AS INTENDED.SKYFIRE SHALL NOT BE LIABLE FOR DELAYS OR FAILURES CAUSED BY FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING UNFORESEEN AI-RELA TED CHALLENGES.
CUSTOMER DISCLAIMER: CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT SERVICE SERVES SOLELY AS AN INITIAL SCREENING TOOL AND IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL EXAMINATIONS OR PROVIDE A DEFINITIVE DIAGNOSIS. THE ACCURACY OF THE RESULTS DEPENDS ON THE QUALITY OF THE IMAGES SUBMITTED; THEREFORE, CUSTOMERS MUST ENSURE THAT ALL IMAGES MEET THE REQUIRED QUALITY STANDARDS AND ADHERE TO THE APP'S PROVIDED GUIDELINES FOR PROPER IMAGE CAPTURE. THE SOFTWARE HAS DIAGNOSTIC LIMITATIONS AND MAY NOT DETECT ALL INSTANCES OF ORAL CANCER OR PRECANCEROUS LESIONS, POTENTIALLY RESULTING IN FALSE NEGATIVES. ADDITIONALLY, THE SOFTWARE MAY GENERATE FALSE POSITIVES BY IDENTIFYING AREAS OF CONCERN THAT ARE NOT CANCEROUS, NECESSITING FURTHER PROFESSIONAL MEDICAL EVALUATION OF ALL POSITIVE FINDINGS. CUSTOMERS ARE RESPONSIBLE FOR REGULARLY UPDATING THE APP TO ENSURE THEY ARE USING THE LA TEST VERSION WITH THE MOST CURRENT ALGORITHMS AND SAFETY FEATURES, AS OUTDATED VERSIONS MAY HAVE REDUCED ACCURACY OR KNOWN ISSUES. CUSTOMERS ALSO ACKNOWLEDGE THE INHERENT LIMITATIONS OF AI TECHNOLOGY, WHICH MAY NOT ACCOUNT FOR ALL POSSIBLE VARIATIONS IN ORAL LESIONS OR ACCURATELY IDENTIFY RARE OR UNUSUAL PRESENTATIONS OF ORAL CANCER. FINALLY, THE APP IS NOT SUIT ABLE FOR EMERGENCY USE, AND CUSTOMERS EXPERIENCING ACUTE OR SEVERE SYMPTOMS SHOULD SEEK IMMEDIATE MEDICAL ATTENTION FROM QUALIFIED HEALTHCARE PROFESSIONALS.
15.1.SKYFIRE 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 SKYFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SKYFIRE) WILL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LA W 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 LA W .
15.2.IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LA W , IN NO EVENT WILL THE AGGREGA TE LIABILITY OF SKYFIRE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE PROVIDED HEREUNDER, WHETHER IN CONTRACT , TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY), W ARRANTY, OR OTHERWISE, EXCEED:
15.2.1. IN CASE OF A USER OTHER THAN AN ORGANIZA TION, THE AMOUNT OF MONEY PAID BY TO SKYFIRE FOR THE SCREENING OF THA T USER TO THE SERVICE;
15.2.2. IN CASE OF AN ORGANIZA TION, THE SUBSCRIPTION FEE PAID BY THE ORGANIZA TION OVER THE PRECEDING THREE MONTHS; AND
15.2.3. IN CASE OF DOCTORS, THE AMOUNT OF MONEY COLLECTED BY SKYFIRE FROM USERS FOR THE TOT AL NUMBER OF SCREENINGS DONE BY THE 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.
15.3.USER ACKNOWLEDGES THAT SKYFIRE HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
16.1.Claims Brought Against Customer. Skyfire will defend at its expense any cause of action brought against You, to the extent that such cause of action is based on a claim that the Service, as provide by Skyfire for Customer, infringes a patent, copyright, or trade secret of a third party. Skyfire will pay those costs and damages finally awarded against Customer pursuant to any such claim or paid in settlement of any such claim if such settlement was approved in advance by Skyfire. The Customer may retain its own counsel at the Customer’s own expense.
16.2.Skyfire will have no liability for any claim of infringement based on: (i) Services which have been modified by parties other than Skyfire where the infringement claim would not have occurred in the absence of such modification; (ii) Your use of the Service in conjunction with data or third-party software where use with such data or third-party software gave rise to the infringement claim; (iii) Your use of the Service outside the permitted scope of the Agreement; (iv) breach of Agreement by You.
16.3.Claims Brought Against Skyfire. Customer will defend, indemnify, and hold Skyfire and its officers, directors, employees, consultants, sub-contractors and/or agents harmless from and against any and all damages, costs, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), and settlement amounts incurred in connection with any claim arising from or relating to Customer’s: (i) breach of any of its obligations set forth in this Agreement; (ii) actual or alleged use of the Services in violation of this Agreement or Applicable Law by Customer or User; (iii) medical negligence based on Customer’s screening and/or report or (iv) any actual or alleged infringement or misappropriation of third party intellectual property rights arising from data provided to Skyfire by the Customer or otherwise added into the Service by the Customer or Customer.
16.4.Each indemnifying party's obligations as set forth in this Section are subject to the other party: (i) giving the indemnifying party prompt written notice of any such claim or the possibility thereof; (ii) giving the indemnifying party sole control over the defence and settlement of any such claim; and (iii) providing full cooperation in good faith in the defence of any such claim. Any settlement of a claim will not include a financial or specific performance obligation on, or admission of liability by, the party against whom the claim is brought.
16.5.This Section states the indemnifying party’s sole liability to, and the indemnified party's exclusive remedy against, the other party for any third-party claim described in this Section.
16.6.Doctors that provide feedback on the Service agree to indemnify Skyfire for any losses or damages caused to the Skyfire as a result of the feedback provided by the Doctor. Skyfire does not undertake to monitor or review actions taken by a Customer after provision of a report by Skyfire to the Customer. A report shall be deemed to have been provided to a Customer once the report has been made available in a Customer’s account or an SMS or email or any other form of communication has been made to the Customer regarding the report.
his Agreement commences on the date Your first accept it and continues until the subscription has been terminated by either party under the terms of this Agreement. Services purchased renew automatically until the subscription is cancelled by the Customer or this Agreement is terminated by either party. The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party terminates this Agreement and/or the subscription or Service purchased under this Agreement. Except as expressly provided in the applicable Order Form, promotional or one-time priced subscriptions shall not be renewed at the promotional or one-time price, but shall instead be renewed at Skyfire’s applicable list price in effect at the time of the renewal.
Customer or Skyfire may prevent renewal of any subscription and/or Service(s) purchased under this Agreement without cause (i) in case of a signed Agreement, by either party by providing a written notice of cancellation of renewal to the other party at least thirty (30) days prior to the date of renewal of the subscription; or (ii) in case of an online execution: (a) by Customer by using the “cancel” button or its equivalent in the customer’s account at least one (1) working day prior to the date of renewal of the subscription, or (b) by Skyfire by providing a notice of at least 1 working day to the Customer through the website or Service interface, or by means of a written notice to Customer. Upon cancellation of renewal of a subscription under this Agreement, Customer shall be entitled to continue using Service(s) as per Customer’s subscription until the end of the current term of subscription. Customer shall be liable to pay to Skyfire any unpaid fees, dues, or amounts. In no circumstance shall Skyfire be liable to provide any refund to Customer for cancellation of renewal by either party.
Skyfire may terminate this Agreement and/or subscription(s) or Service(s) purchased under this Agreement for cause: (a) upon thirty (30) days written notice to Customer of a breach of this Agreement by Customer if such breach remains uncured at the expiration of such period; or (b) immediately upon sending a written notice if Customer becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors; or (c) immediately and without notice for failure to make timely payment; or (d) upon 30 days written notice to Customer without assigning any reason.
Customer may terminate this Agreement for cause: (a) upon thirty (30) days’ written notice to Skyfire of a material breach of this Agreement by Skyfire if such breach remains uncured at the expiration of such period; or (b) immediately upon sending a written notice if Skyfire becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. The written notice must be sent to support1@Skyfire.com with the subject line “Notice of T ermination of Agreement”.
17.5. In no circumstance shall Skyfire be liable to refund any amount to Customer for termination of this Agreement or any Service by Customer except as per Section 16.3(d). Upon termination of this Agreement by either party, Customer shall pay to Skyfire any unpaid fees, dues, or amounts for Service(s) that have been provided by Skyfire prior to the effective date of termination of the Agreement or Service, regardless of whether such Service(s) were used by Customer, regardless of which party terminated the Agreement or Service, and regardless of the reason for termination of the Agreement or Service.
17.6. Skyfire 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, Skyfire 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 Skyfire will not be responsible for any inconvenience or loss caused to the User as a result of rescheduling or cancellation. Furthermore, Skyfire reserves the right to refuse service at any time without providing any reasons.
17.8. Sections 3.4, 3.5, 10, 11, 12, 13, 14, 15, 16, 17, 19 and 20, and any other provisions of this Agreement that by their nature are intended to survive termination or expiration, will survive any termination or expiration of this Agreement.
Skyfire reserves the right to conduct audits of Customer's compliance with this Agreement, including but not limited to data usage, IP usage, and adherence to API/SDK licensing terms. Audits shall occur with fourteen (14) days written notice and be conducted during regular business hours. Customer agrees to provide access to all relevant records, personnel, and systems necessary for Skyfire to ensure compliance. Cost of such audit will be borne by the Parties equally.
During the term of this Agreement and for a period of two (2) years following its termination, Customer shall not directly or indirectly compete with Company by engaging in any similar business activity or soliciting the same customer base within [specified region, if any].
For one (1) year following termination of this Agreement, Customer agrees not to solicit or hire any employees or contractors of the other Party without prior written consent.
This Agreement is the entire agreement between Skyfire and Customer regarding Customer’s use of Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. The parties agree that any term or condition stated in a Customer purchase order or in any other Customer order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form; (2) this Agreement; and (3) any other Documentation applicable. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its Representatives, as well as all employment-related T axes.
There are no third-party beneficiaries under this Agreement.
No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.
Upon the occurrence of a Force Majeure Event, the parties agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
This Agreement may be modified by Skyfire from time to time. If We do this, we will post the modified T erms on this page and will indicate the date these T erms were last updated. Similarly, the modified Privacy Policy and the modified Anti-Spam Policy shall be posted at their respective pages, along with indications of the date on which they were last updated. Any such modifications will become effective no earlier than fourteen (14) days after they are posted, except that modifications required to provide new features without negatively affecting Customer’s rights under these T erms or modifications made to correct typographical errors or modifications made to comply with legal obligations, including but not limited to Skyfire’s or Customer’s obligations under a law, regulation, court order, or government order, will be effective immediately. Customer shall be responsible to review the Agreement from time to time so as to be aware of any such modifications to these terms. We may, for Our convenience only and without waiving Customer’s obligation to periodically review the Agreement, attempt to notify Customer of significant modifications to this Agreement through the website user interface, in an email notification, or through other reasonable means. Customer understands and agrees that Customer’s continued access, registration or use of the Service shall be deemed to be Customer’s acceptance of all modifications to the Agreement.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Order Forms), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. In the event of such a termination, Skyfire will refund Customer any prepaid fees covering the remainder of the term of all subscriptions for the period after the effective date of such termination. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
In the event Skyfire must initiate mediation, arbitration, litigation, or otherwise become a party to any other action at law or other proceeding against the Customer or related to Customer to enforce any of the terms of this Agreement, or by reason of any breach or default, Skyfire shall in any such action or proceeding be entitled to recover from Customer all costs and reasonable attorneys’ fees it incurred.
The Privacy Policy forms a part of these Agreement. Please refer Privacy Policy for use of this Service.
Data collection via the Service and these Agreement 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 Agreement.
The parties agree that they will attempt to resolve through good faith consultation, any dispute or difference in respect of, concerning, or connected with, the interpretation of this Agreement or performance of obligations under this Agreement, or otherwise arising out of this Agreement. The parties agree that such good faith consultation will begin promptly after either party has delivered a written request for such consultation to the other party.In the event that the parties are not able to resolve a dispute within thirty (30) days in accordance with the mechanism provided above, the dispute shall be settled by a single arbitrator appointed by mutual consent of both parties. In the event that the parties to this Agreement fail to appoint an arbitrator within fifteen (15) days from the date of expiry of the mechanism specified above, an arbitrator may be appointed by a court of competent jurisdiction. The venue and seat of arbitration shall be in Bengaluru, India, only. The decision of the arbitrator shall be binding upon the parties, and can be enforced in a court of competent jurisdiction. The clause constitutes a binding consent by the parties for any proceedings in terms hereof and no party shall be entitled to withdraw from the proceedings.
Notices by Skyfire under this Agreement may be shown in the user interface of the Skyfire website or Services, or sent to the contact information provided by You. Notices by You to Skyfire may be sent to the contact information provided in Contact Us section below.
If you have any questions or notices of violations to these Agreement and Conditions, please contact us at discover@atom360.io
These Agreement constitute the entire agreement between You and the Skyfire. These Agreement shall supersede all other communications between You and the Skyfire with respect to the subject matter hereof. If You disagree with these Agreement or do not accept these Agreement then please do not use the Service. By using the Service, you agree to be bound by these Agreement.