Wysa Widget Terms of Service

Wysa Widget Terms of Service

Initial Effective Date: Aug 30, 2019 (GMT)
Latest Revised Date: July 16, 2021 (GMT)

Welcome to Wysa Widget Application, the online service of Touchkin eServices Private Limited (hereinafter referred to as "Wysa", or "We", or "Us" or "Our").

The domain name www.wysa.io (hereinafter referred to as "Website") and web browser based widget application ("Wysa Widget App" or "Web Software") is owned and managed by Touchkin eServices Private Limited, a private limited company, incorporated and existing under the laws of India and having its registered office at No. 532, "Manjusha", First Floor, 2nd main, 16th Cross, II stage, Indiranagar, Bangalore KA 560038 IN).

This Widget Agreement applies to all visitors, users, and others who access the Service ("User(s)" or "You/r").This page explains the terms by which You may use Our Wysa Widget App, Website, other websites maintained by Us relating to our Apps, Web Software (or "Platform") or any of Our online and/or mobile services, and software provided on or in connection with the services (collectively the "Service(s)"). By accessing or using the Service, You signify that You have read, understood, and agree to be bound by this terms of use Agreement ("Wysa Widget Terms of Service" or "Widget Agreement") and to the collection and use of Your information as set forth in the Widget Privacy Policy, and terms of any other policies of Wysa as may be applicable to You whether or not You are a registered user of Our Service. This Widget Agreement, Widget Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as "Terms and Conditions". If You disagree with any parts contained in this Terms and Conditions please do not use the Service.

PLEASE READ THIS WIDGET AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

IMPORTANT NOTE:

IF YOU ARE THINKING ABOUT OR COMMITTING SUICIDE OR IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL OR MENTAL HEALTH EMERGENCY OR IF YOU ARE IN A CRISIS OR TRAUMA OR ABUSE, PLEASE DISCONTINUE USE OF THE SERVICE IMMEDIATELY AND CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Use of Wysa Services

The Wysa Widget App is a virtual AI chatbot (“Bot”) that You can chat with, and through a conversational interface get access to tools and techniques to manage Your emotional wellness and to encourage You in building resilience. The Wysa Widget App is primarily a Web browser based application. Your Interaction with the Bot is with an artificial intelligence chatbot and not a human. The Bot is restricted in the means of response, and the intended usage of Wysa Widget App is as an early intervention tool. The Bot cannot and will not offer advice on issues it does not recognize. Using Wysa Widget App Bot, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Wysa Widget App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes ideation of suicide, harm to self and others, and any medical emergencies. Wysa Widget App and Service cannot and will not offer medical or clinical advice. It can only suggest that user seeks advanced (medical) help.

Eligibility

You may use the Service only if You are a natural/legal person and can form a binding contract with Wysa, and only in compliance with this Widget Agreement and all applicable local, state, national, and international laws, rules and regulations. If You are between 13 and 18 years of age, please read through this Wysa Widget Terms of Service with Your parent or legal guardian, and in such a case this Widget agreement shall be deemed to be a contract between Touchkin and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

Anyone under 13 is strictly prohibited from creating an account and/or using the Service. Wysa reserves the right to refuse access to the Service or terminate Your account at its sole discretion. The Service is not available to any Users previously removed from the Service by Wysa.

Wysa License

Subject to Terms and Conditions, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal, non-commercial use only and as permitted by the features of the Service. Wysa reserves all rights not expressly granted herein in the Service and the Wysa Content (as defined later in this Widget Agreement). Wysa may terminate this license at any time for any reason or no reason.

Wysa Accounts

You may be required to create an account with Wysa to avail certain Services with a user name and password or Access Codes ("Account"). Your Account gives You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion. It is hereby clarified that creation of an Account is presently not mandatory and may be required in the future only for certain Services as notified by Wysa from time to time. Wysa may, at its sole discretion, make the creation of an Account mandatory for all Services.

When creating Your Account, if required, You must provide accurate and complete information. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account and/or Device password secure. Whenever You need to set a password, We encourage You to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. You must notify Wysa immediately of any breach of security or unauthorized use of Your Account. Wysa will not be liable for any losses caused by any unauthorized use of Your Account.

You may never use another User's Account.

By providing Wysa Your phone number and/or email address and/or other identification You consent to our using the identification provided to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use Your phone number and/or email address to send You other messages, such as changes to features of the Service and special offers. If You do not want to receive promotional messages, You may opt out by unsubscribing from such phone and/or email communications from Wysa. Opting out may prevent You from receiving messages regarding updates, improvements, or offers. For further information regarding the use of Your Personal Information by Wysa, please read Our Widget Privacy Policy located here.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Wysa servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Terms and Conditions, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Terms and Conditions. You are responsible for all the device data usage resulting from the use of Service. Consult Your device operator concerning Your plan, data rate charges and limits. You are solely responsible for Your interactions with other Wysa Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Wysa shall have no liability for Your interactions with other Users, or for any User's action or inaction.

User Content

Some areas of the Service allow Users to post content such as chat content, profile information, videos, comments, questions, and other content or information [any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content")]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with Your settings and this Widget Agreement) to view, edit, and/or share Your User Content. Wysa has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that You know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Wysa reserves the right, but is not obligated, to reject and/or remove any User Content that Wysa believes, in its sole discretion, violates these provisions.

For the purposes of this Widget Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with Your User Content, You affirm, represent and warrant the following:

User Content License Grant

By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Wysa a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Widget Privacy Policy.

Use of User Content

Wysa conducts research on Our global platform. This research looks at how different activities on Web Software or Wysa Widget App (such as coach conversations, other activities, etc.) impact mental well-being measures. Wysa may use User Content and other data collected from the User in accordance with the Terms and Conditions for the purpose of this research. All data including User Content is anonymized (or anonymous) before use for research purposes. Research and outcomes are key to helping Users make real change and progress in their lives, and We are grateful at the support You provide towards this mission by sharing Your data.

Web Software

We make available Web Software to access the Service via a web browser. To use the Web Software You must have a device that is compatible with the Web Software. Wysa does not warrant that the Web Software will be compatible with Your device. Wysa hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Web Software for one Wysa Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Web Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Web Software to any third party or use the Web Software to provide time sharing or similar services for any third party; (iii) make any copies of the Web Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Web Software, features that prevent or restrict use or copying of any content accessible through the Web Software, or features that enforce limitations on use of the Web Software; or (v) delete the copyright and other proprietary rights notices on the Web Software. You acknowledge that Wysa may from time to time issue upgraded versions of the Web Software, and may automatically electronically upgrade the version of the Web Software that You are using on Your device. You consent to such automatic upgrading on Your device, and agree that the terms and conditions of this Widget Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Web Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Web Software or any copy thereof, and Wysa or its third party partners or suppliers retain all right, title, and interest in the Web Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Widget Agreement, is void. Wysa reserves all rights not expressly granted under this Widget Agreement.

The Web Software originates in India, and is subject to Indian export laws and regulations. The Web Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Web Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Web Software and the Wysa Service.

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Wysa Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wysa and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Widget Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wysa Content. Use of Wysa Content for any purpose not expressly permitted by this Widget Agreement is strictly prohibited.

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Wysa under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Wysa does not waive any rights to use similar or related ideas previously known to Wysa, or developed by its employees, or obtained from sources other than You.

No Professional Advice

If the Service provides any information (e.g. medical or legal) including recommending tools and techniques (e.g. Yoga or activity or exercises), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

Privacy

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your personally identifiable information and aggregate data as set forth in our Widget Privacy Policy, and to have Your personally identifiable information collected, used, transferred to and processed by Us in accordance with Our Widget Privacy Policy.

Security

We deeply care about the integrity and security of Your Personal Information and maintain security measures as required under applicable laws in India to ensure its unauthorized use. However, We cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal Information for improper purposes. You acknowledge that You provide Your Personal Information at Your own risk.

Third-Party Links

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Wysa. Wysa has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. Wysa does not endorse or assume any responsibility for any such third-party sites, information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third party website from the Service, You do so at Your own risk, and You understand that this Widget Agreement and Widget Privacy Policy do not apply to Your use of such sites. You expressly relieve Wysa from any and all liability, directly or indirectly, arising from Your use of any third-party website, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. Additionally, Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Wysa shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers. If You disclose Your information to others, different rules may apply to their use or disclosure of such information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your Personal Information to others. Wysa encourages the User to, at a minimum, be aware when he or she leaves a third party website and to review the terms of service and privacy practices related to third party sites;

Monitoring of the Website, Web Software and User Content

We have the right and liberty to monitor the content on the Website and Web Software at all times which shall include information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Widget Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Widget Agreement or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Wysa has a right to but not an obligation to monitor the content on the Website and the Web Software. Accordingly, Wysa shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website.

Payment

The Services are provided to the Users free of cost at present. The User may choose to avail additional services that may be made available on the Web Software ("Premium Services") upon payment of a subscription fees. Premium Services shall be considered as a part of Services for the purpose of the Terms and Conditions. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fee at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.

Subscriptions will be automatically renewed on a monthly basis until subscription is cancelled before the end of the current period. It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates. Cancelling Your subscription depends on Your payment method.

To the maximum extent permitted by applicable law, in no event shall Wysa, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in connection with the Services. The aggregate liability of Touchkin shall be limited to the subscription fee paid by You for a period of six (6) months for the Services.

Indemnity

You agree to defend, indemnify and hold harmless Wysa and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Widget Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYSA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WYSA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WYSA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WYSA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WYSA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WYSA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WYSA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WYSA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WYSA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE FREE WYSA HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WYSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from facilities in India. Wysa makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

Governing Law and Arbitration

Governing Law.

You agree that: (i) the Service shall be deemed solely based in Bangalore, Karnataka, India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Wysa, either specific or general, in jurisdictions other than Bangalore, Karnataka. This Widget Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Bangalore, Karnataka for any actions for which We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.

Assignment

This Widget Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Wysa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Widget Agreement.

Wysa may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Wysa in Our sole discretion. Wysa reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Widget Agreement. Wysa is not responsible for any automatic filtering You or Your network provider may apply to email notifications We send to the email address You provide us. Wysa may, in its sole discretion, modify or update this Widget Agreement from time to time, and so You should review this page periodically. When We change the Widget Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms of Use. If You do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability.

This Widget Agreement and Terms and Conditions, together with any amendments, policies and any additional agreements You may enter into with Wysa in connection with the Service, shall constitute the entire agreement between You and Wysa concerning the Service. If any provision of this Widget Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Widget Agreement, which shall remain in full force and effect.

No Waiver.

No waiver of any term of this Widget Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wysa's failure to assert any right or provision under this Widget Agreement shall not constitute a waiver of such right or provision.

Contact.

If You have any questions, comments, or concerns about this Agreement or our other privacy policies or practices, please contact us at [email protected] or by writing to:
Touchkin eServices Private Limited
Attn: Widget Terms of Service
1st Floor, Manjusha, No 532
16th Cross, 2nd Main Road, 2nd Stage
Indiranagar, Bangalore, 560038
Karnataka - INDIA