Last updated Terms & Conditions on September 8th, 2023.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS APPLICATION, YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, WE RECOMMEND THAT YOU DO NOT ACCESS, DOWNLOAD, REGISTER WITH OR USE OUR SERVICES PROVIDED VIA THE APPLICATION OR THE WEBSITE.
Aware is a mobile app-based Heart Attack risk measurement and prevention service that uses a proprietary risk assessment methodology using data from Smart Watch and blood testing to predict and reduce the risk of heart attacks.
The Aware solution is accessible via our mobile Application ("App"). The App and Website are developed, owned, and operated by Aware Precision Medicine Private Limited ("Company"), having its registered office at 8-2-334/1/1, Plot No 6, Sy. No.129/32, L Ns Harmony Park Rd No 3, Banjara Hills, Hyderabad, Hyderabad, Telangana, India, 500034.
In these Terms of Use, 'you' or 'your' is a registered user, and the terms "Aware," 'We,' 'Us,' 'Company,' and 'Our' refer to Aware Precision Medicine Private Limited. These Terms of Use and the Privacy Policy, together with any other policies applicable to specific portions of the Application and any disclaimers present in the Application, are referred to as "Agreement." If you are accessing our App or our Website to use our Services, this Agreement will continue to apply to such use. In addition to these terms, there may be additional terms (such as the terms imposed by mobile application stores) that will govern the use of the App. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you.
1.1 Aware is a mobile app-based Heart Attack risk measurement and prevention service that uses a proprietary risk assessment methodology using data from Smart Watch and blood testing to predict and reduce the risk of heart attacks.
1.2 Users who wish to avail the Services provided via the App or the Website will have to fill out a brief questionnaire, which will include certain non-medical information and your phone number. Consumers will integrate their Smart Watch into our App via an integration partner. The App will deliver a daily Heart Score, and users can access care plans through the Care Plan navigator.
1.3 Our App uses smartwatches and blood testing data to provide a composite Heart Attack risk score. At-risk individuals can access treatment plans through a no-hassle chat box within the App.
1.4 The chat box provides automated consumer interaction at appropriate intervals and access to qualified healthcare providers who offer specific clinical recommendations through chat.
1.5 The basic app features, including the Heart Score and care navigator, are free. In-app payments will be required to order lab tests and other services.
1.6 We do not provide emergency medical assistance, and we recommend that you contact Emergency Services in the event of any medical emergencies.
2.1 We do not provide emergency medical assistance, and we recommend that you contact Emergency Services in the event of any medical emergencies.
2.2 Upon registration, we will have access to your name, age, gender, phone number, and address provided by you via the App or the Website. We will also collect your health data and information, which will include your prior medical history, list of medications, information about previous testing (labs, imaging), names of your doctors, vital signs, anthropometry, BP, weight, glucose levels, and any info that is acquired as part of a medical evaluation ("Data"). We will, at our sole discretion, based on the data submitted, determine if you are eligible to avail of our services based on our assessment of your medical condition.
2.3 You understand that by registering on the App/ Website and sharing your data with us, you consent to our use of your data and information to provide you with the services. If you do not wish to share your Data, we ask you to refrain from registering or using our Services. Your data and information are protected in the manner set out in our privacy policy, which can be accessed here.
2.4 You agree to (i)provide factual, accurate, current, and complete data and information about yourself in your enrollment form and (ii) each time you log in, maintain and promptly update your information to keep it true, accurate, current, and complete. Suppose you provide any untrue, inaccurate, not current, or incomplete information, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete. In that case, we reserve the right to suspend or terminate your Services and refuse all current or future use of the Service.
3.1 You will use services for lawful purposes, not illegal ones. You will not use the services or any feature for purposes not intended under this Agreement.
3.2 You will not deliberately use the services unlawfully or harm us, our directors, employees, affiliates, distributors, partners, Specialists, service providers, and any Registered User and data or content on the Application.
3.3 By registering on the App or the Website, you authorize us to contact you via phone call, SMS, or WhatsApp, offer you services, impart product knowledge, and offer promotional offers.
3.4 You will not host, display, upload, modify, publish, transmit, update or share any information that:(i) Belongs to another person and to which the Registered User does not have any right to;(ii) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;(iii) Harm minors in any way (iv) Infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force(v) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature(vi) Impersonate another person(vii) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource(viii) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
4.1 All of the content available on the App or the Website or through the Services is the property of the Company or its licensors and is protected by copyright, trademark, patent, trade secret, and other applicable intellectual property law ("Content"). Content does not include your data or any information you provided. We allow you to display, download, store, and print the content only for personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to anyone. All software and accompanying documentation made available for download from the Service is the copyrighted work of the Company or its licensors. Any copy of information obtained through the services must include all applicable copyright notices.
4.2 Subject to the terms of this Agreement, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent and only to the extent, necessary to access and use the Service.
4.3 The license granted herein does not permit you, and you agree not to (a) modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the services; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the services to any third party or use the services to provide service bureau, time sharing or other services to third parties.
If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, in its sole discretion, Aware may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever for any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting our support team.
6.1 We offer certain Services for in-app payments.
6.2 You may use any payment options provided by a third-party payment method provider, made available on the App and the Website. Payment methods are sourced from various third-party providers, and each provider controls the terms that apply to its payment method. Consequently, the terms applicable to a payment method are subject to change at any time, and it is your responsibility to periodically review the terms to ensure that you are aware of and comply with the applicable requirements. 6.3 We retain the right to discontinue the Services after providing you with due notice of non-payment if you fail to pay all fees promptly.
7.1 Consultation Services: Please be advised that refunds are not provided for remote text-based consultations. If you have concerns or issues with a consultation, we encourage you to contact our customer support team to address and discuss your specific situation.
7.2 Lab Tests: Refunds are not applicable for lab tests, except in cases where the test was not conducted as ordered or there are errors in processing or handling. Requests for consideration must be submitted within 7 days from the date of receiving the test results.
7.3 How to Contact Us Regarding Refunds:
7.4 To discuss concerns or initiate a refund request, please contact our customer support team at support@aware.in with the following details: Your full name, Order/invoice number, Date of Test, Specific reason for the refund request.
7.5 Our customer support team will review your request promptly and respond within 3 business days with further instructions or to request additional information if needed.
7.6 Conditions for Refund Consideration:
7.7 Refund requests will only be considered if made within the specified timeframe mentioned in sections 7.2.
7.8 Exceptions: In exceptional cases, we may make considerations outside the stated policy for compassionate or extenuating circumstances.
7.9 Contact Information: For any inquiries regarding refunds, please contact our customer support team at support@aware.in.
7.1 We will not be responsible if you fail to give correct medical information or medical history or submit incorrect data, and we will not be responsible for the outcome of such failure.
7.2 THE APPLICATION IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. WE SHALL NOT BE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS THAT MAY RESULT IN THE LOSS OF YOUR DATA, PERSONALIZATION SETTINGS, OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE APP OR THE WEBSITE. WE ARE NOT LIABLE FOR DELETION, LOSS, MIS-DELIVERY, TIMELINESS, OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, LAB CONTENT, OR AWARE CONTENT OR YOUR PERSONALIZATION SETTINGS.
7.3 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
7.4 IN NO EVENT WILL AWARE OR ANY OF ITS DIRECTORS OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.
You agree to indemnify and hold harmless Aware, its directors, subsidiaries, and affiliates from any claim, cost, expense, judgment, or other loss relating to your misuse of the App or the Services that are provided through the App or the Website, including without limitation to the foregoing, any action you take which violates these Terms.
The laws of the Republic of India shall govern these Terms of Use without giving effect to its conflict of laws provisions. These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Hyderabad, Telangana, India.
Suppose, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable. In that case, the remainder of these Terms and Conditions will continue in full force and effect. Please email us at ceo@aware.in if you have any questions regarding these Terms and Conditions.
We reserve the right, in our discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the Application or Service constitutes your binding acceptance of these terms of use, including any changes or modifications made by us as permitted above. Please review this Agreement periodically to ensure familiarity with the most current version. If the terms and conditions of this Agreement are no longer acceptable to You, You should immediately cease all use of the Services.
If you have any concerns, complaints, or grievances about other users or their manner of use of the Application in any way to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit, or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate Your rights, please feel free to contact the Grievance Officer any time at:
Name: Satish Madiraju, M.D., MBA
Contact Details: ceo@aware.in
I HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
