Legal

Terms of Use.

The terms that govern use of the Empaithy platform, API and journal app, for enterprise clients and individual users alike.

Last updated 11 September 2026See also the privacy policy.
Contents

This Terms of Use (“Agreement”, “Terms”) governs the use of the Platform owned and operated by VeriScript Private Limited, a company incorporated under the Companies Act, 2013, having its registered address at 7/20 Industrial Area, Kirti Nagar, West Delhi, New Delhi, India, 110015 (“Company”, “Empaithy”, “We”/”we”, “Us”/ “us”, “Our”/ “our”).

This Agreement is prepared in compliance with the Information Technology Act, 2000 and shall be read together with the Digital Personal Data Protection Act, 2023 (“DPDP Act”)and other applicable law.

In terms of the Information Technology Act, 2000, this document is an electronic record generated by a computer system and does not require any physical or digital signature.

The User is required to read this Agreement and the Privacy Policy carefully, and to agree to the terms herein, before accessing the Platform or continuing to use the Services. This Agreement constitutes a legally binding agreement between the Company and the User and becomes effective on the date the User first visits, downloads, or accesses the Platform.

1Definitions

  1. 1.1

    “AI” or "Artificial Intelligence" means the machine-learning, natural language processing, speech recognition and other automated technologies used by or on behalf of the Company to transcribe, classify, extract, summarise, analyse or otherwise process User Data and generate Output through the Platform.

  2. 1.2

    “AI Providers” means the Third Parties that provide, host or operate the AI Services, or any part thereof, for or on behalf of the Company.

  3. 1.3

    “AI Services” means the artificial-intelligence and machine-learning technologies and models used by the Company, or by AI Providers on the Company’s behalf, to transcribe, classify, extract, summarise, analyse or otherwise process text and audio on the Platform.

  4. 1.4

    “Application” means the Consumer Application or the Enterprise Application, as the context may require, and “Applications” means the Consumer Application and the Enterprise Application, collectively.

  5. 1.5

    “Authorised User” means an individual who: (a) is an employee, agent, contractor, or representative of an Enterprise Client; (b) has been granted access to the Enterprise Application, whether by the Enterprise Client directly or by the Company at the instance of the Enterprise Client; and (c) accesses or uses the Enterprise Application in connection with the rights of the Enterprise Client under the Enterprise Agreement.

  6. 1.6

    “Consumer Application” means the mobile application titled “Empaithy”, made available by the Company for download by individual users, through which such users may access journalling, screening, mental well-being check-ins and self-reflection features on a business-to-consumer basis.

  7. 1.7

    “Data Principal” , “Data Fiduciary”, “Data Processor”, “Processing” and “Personal Data” shall have the meaning ascribed to them under DPDP Act.

  8. 1.8

    “Enterprise Agreement” means the separate written agreement entered into between the Company and an Enterprise Client, governing, inter alia, the access to and use of the Enterprise Application by the Authorised Users of such Enterprise Client.

  9. 1.9

    “Enterprise Application” means the web-based and/or mobile application (as applicable) made available by the Company to Enterprise Clients and their Authorised Users, comprising the modules known as Origin, Trace, Bridge, Lens, and Signal, through which Authorised Users may access clinical documentation, assessment, and related features on a business-to-business basis.

  10. 1.10

    “Enterprise Client” means the hospital, clinic, healthcare institution, or other entity, including an individual practitioner operating in a professional capacity, that has entered into an Enterprise Agreement with the Company under which its Authorised Users are granted access to and use of the Enterprise Application.

  11. 1.11

    “Individual User” means a natural person who is competent to contract under the Indian Contract Act, 1872, being a person who (a) has completed 18 (eighteen) years of age; (b) is of sound mind; and (c) is not disqualified from contracting by any law for the time being in force, and who registers for and uses the Consumer Application directly with the Company for their own personal use.

  12. 1.12

    “Intellectual Property Rights” means and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, source codes, object codes, electronic codes, proprietary techniques and other confidential and proprietary information.

  13. 1.13

    “Output” means any content, transcript, extraction, summary, , , pattern, insight, notification or other material generated by the Platform or its AI Services in response to User Data.

  14. 1.14

    “Patient” means a natural person whose Personal Data including health-related information, is collected, generated, or processed through the use of the Enterprise Application by the Authorised Users of an Enterprise Client, in connection with the provision of services to such person; for the avoidance of doubt, a Patient is not a party to this Agreement, and the obligation to obtain and manage a Patient's consent for the processing of such Personal Data is that of the relevant Enterprise Client, which acts as the Data Fiduciary in respect of such Personal Data, as governed under the Enterprise Agreement.

  15. 1.15

    “Patient Data” means the content, data and information of, or relating to, a Patient that is input into, collected, generated or otherwise Processed through the Enterprise Application, including assessment responses, session audio, transcripts, clinical records and derived clinical elements, and includes the Personal Data of a Patient comprised therein.

  16. 1.16

    “Platform” means the Website and the Application(s), collectively.

  17. 1.17

    “Privacy Policy” means the privacy policy at /privacy and, in respect of the Enterprise Application, any data-processing addendum or agreement entered into between the Company and an Enterprise Client.

  18. 1.18

    “Services” means the services offered by the Company or the Platform, whether through the Enterprise Application or the Consumer Application.

  19. 1.19

    “Third Party” means any person, firm, company or entity other than the Company and the User; and “Third Parties” shall be construed accordingly.

  20. 1.20

    “Third Party Application” means any application or service developed by any person, firm, company or entity other than the Company.

  21. 1.21

    “User” means, individually or collectively as the context requires, an Individual User and/or an Authorised User; and “Users” shall be construed accordingly.

  22. 1.22

    “User Data” means electronic or digital content, data and information input into the Platform by or on behalf of a User (including, in the case of the Enterprise Application, Patient Data) or collected through the Platform by the Company. A significant proportion of User Data constitutes health and other sensitive or special-category Personal Data To the extent that any User Data is data about an identifiable individual, such User Data constitutes Personal Data. Any reference in this Agreement to the Company, an Enterprise Client or any other person acting as a Data Fiduciary or as a Data Processor, and any right, obligation or safeguard arising under the DPDP Act, shall apply only in respect of such part of the User Data as constitutes Personal Data, and not to User Data which does not constitute Personal Data.

  23. 1.23

    “Website” means the website(s) owned, operated, or controlled by the Company at empaithy.com, including any sub-domains, successor, or related websites, through which access to the Platform, or any part thereof, is made available.

2Platform

  1. 2.1

    The Company offers the Services through two distinct product lines, and this Agreement applies to both. The Company distinguishes throughout between an Authorised User and an Individual User, who are collectively referred to as the "User. Where a provision applies to only one category, it is identified as such; where it refers to the "User" without qualification, it applies to both.

  2. 2.2

    The Enterprise Application: software licensed to Enterprise Clients to support clinical care across the patient journey, comprising five modules: Origin (pre-visit assessments), Trace (during-session capture, including session audio), Bridge (post-session continuity), Lens (ongoing longitudinal intelligence), and Signal (proactive risk alerts) and including features for prescription drafting. Users of the Enterprise Application are Authorised Users. The Platform does not select, suggest, recommend, calculate or determine any drug, formulation, dosage, strength, route, frequency, duration or combination of medicines, and does not generate any therapeutic recommendation. Responsibility for the clinical appropriateness, accuracy and legality of every prescription, rests solely with the Enterprise Client.

  3. 2.3

    The Consumer Application: a micro-journaling and mental-wellbeing application distributed through the Apple App Store and Google Play, through which an individual may access journalling, screening, mental well-being check-ins and self-reflection features and receives a reflection and summary feature known as EmPulse. Users of the Consumer Application are Individual Users.

  4. 2.4

    Micro-journaling. The Platform offers micro-journaling, allowing Users to record their thoughts and feelings through:

    1. 2.4.1

      Text Entry: a typing interface enabling Users to record journal entries in written form; and

    2. 2.4.2

      Voice-to-Text: a feature enabling Users to convert spoken words into written text; whereby the audio or speech data is processed solely for the purpose of transcription and is promptly discarded following completion of the transcription..

  5. 2.5

    Personal Data collected through the features of the Consumer Application described in Clause 2.4 is used for the ongoing development and enhancement of the Company's AI model. All such Personal Data is anonymised prior to use for AI model training, with identifiers removed such that it cannot be linked back to a User, and upon such anonymisation such data shall cease to constitute Personal Data. The Processing of such Personal Data shall be subject to the Company's Privacy Policy. In accordance with the Privacy Policy and applicable law, the User, as a Data Principal, shall have the right to withdraw consent and exercise applicable rights in relation to their Personal Data, including the right to request correction, updating and erasure of their Personal Data, subject to applicable legal requirements and exceptions.

3Applicability Of Terms

  1. 3.1

    This Agreement applies to: (a) Authorised Users who access the Enterprise Application, on behalf of an Enterprise Client, to support the delivery of mental-health care; (b) Individual Users who use the Consumer Application to reflect on their own mental wellbeing; and (c) any other natural person who accesses or interacts with the Platform for any purpose.

  2. 3.2

    Additional or superseding terms may apply to an Authorised User's access to the Enterprise Application under the Enterprise Agreement entered into between the Company and the relevant Enterprise Client. In respect of such access, this Agreement, the Enterprise Agreement, and the Privacy Policy are intended to be read together, and in the event of any conflict or inconsistency between them, the following order of precedence shall apply:

    1. 3.2.1

      as between the Enterprise Agreement and this Agreement, the Enterprise Agreement shall prevail to the extent of the conflict; and

    2. 3.2.2

      as between the Enterprise Agreement and the Privacy Policy, the Privacy Policy shall prevail to the extent of the conflict.

  3. 3.3

    For the avoidance of doubt, nothing in the Enterprise Agreement or this Agreement shall reduce the protections afforded to Personal Data under the Privacy Policy or applicable data-protection law.

4Nature Of The Services

  1. 4.1

    The Enterprise Application (Authorised Users). The Enterprise Application is a software tool that assists Authorised Users in capturing, transcribing, organising and analysing information arising in and around clinical sessions, and in maintaining continuity of care and prescription drafting. In respect of Patient’s Personal Data processed through the Enterprise Application, the Enterprise Client is the party that holds the clinical relationship with, and determines the purposes and means of Processing of, such Personal Data. and accordingly acts as the Data Fiduciary in respect of such Personal Data. The Company acts as a service provider and Data Processor that Processes such Personal Data on the documented instructions of the Enterprise Client. Nothing in this Agreement makes the Company the treating provider of, or responsible for the clinical care of, any Patient.

  2. 4.2

    The Consumer Application (Individual Users). In respect of the Consumer Application, the Individual User signs up directly with the Company via the Platform, and the Company is the party that determines the purposes and means of Processing the Individual User’s ’s Personal Data and accordingly acts as the Data Fiduciary in respect of such Personal Data. The Company's handling of Individual User’s Personal Data is governed by this Agreement and the Privacy Policy.

  3. 4.3

    The Services are intended to support, and not to replace, the judgement of a qualified mental-health professional.

5Disclaimers

  1. 5.1

    The Platform's AI-driven insights aim to help in the understanding and support of a User's mental well-being, these should not be mistaken for a professional medical evaluation. The Platform's analysis is not equipped to serve as a diagnosis or an indication of a specific mental health condition. Users are strongly encouraged to consult with qualified healthcare professionals for any concerns or symptoms they may experience.

  2. 5.2

    Users should acknowledge the limitations of the Platform's feedback accuracy, which depends on the quality and completeness of the information provided by the User. The Platform is not an alternative to the critical and personalised care provided by mental health professionals.

  3. 5.3

    The Platform relies on AI and AI Services, including the AI Services made available by AI Providers, to transcribe audio and to classify, extract, summarise and analyse text. Output is probabilistic and imperfect by nature and may contain errors, mis-transcriptions, mis-attributions, incomplete or inaccurate extractions, and content that appears plausible but is incorrect. The Company does not warrant and cannot guarantee the accuracy, completeness, reliability or fitness for any particular purpose of any Output.

  4. 5.4

    The Company provides software tools and does not hold the Platform out as a medical device. The Platform is not designed, intended or marketed for any diagnosis, prevention, monitoring, treatment, cure or mitigation of any disease, disorder, illness or medical condition. The Company provides software tools and does not hold the Platform out as a medical device. In respect of Individual Users, the Consumer Application and any Output are intended solely for informational and self-reflective purposes and are not intended to provide or substitute for medical advice, diagnosis, treatment or other clinical care. In respect of Authorised Users, the Enterprise Application and any Output are intended solely as an informational, documentation or administrative aid and do not replace the independent clinical or medical judgment of the relevant qualified professional; the Platform does not independently diagnose, prescribe, recommend or determine any treatment, medication or other healthcare intervention. Any diagnosis, treatment, prescription, referral or other healthcare decision shall remain solely the responsibility of the relevant qualified professional and/or Enterprise Client, as applicable.

  5. 5.5

    The Platform is not a crisis, emergency or suicide-prevention service and does not provide emergency intervention, monitoring or supervision. If a User or any person is in crisis, experiencing thoughts of self-harm or suicide, or otherwise in need of urgent help, such person should contact local emergency services or a qualified crisis helpline immediately.

6Registration

  1. 6.1

    Users, as approved by the Company, shall have the right to use the Services. To register on the Platform, a User must sign up using their email or mobile number, along with additional details such as a username and password, if applicable. Each User shall be assigned a unique internal identifier, and identifying information associated with such identifier shall be stored separately from the User's account and other data.

  2. 6.2

    The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account, and must take appropriate measures to secure the devices and browsers they use to prevent unauthorised access to their account.

  3. 6.3

    Each Authorised User acknowledges that their access to the Enterprise Application may be created, managed, or disabled by the relevant Enterprise Client, and that they are responsible for all activity conducted under their own account, but not for activity conducted under the accounts of other Authorised Users.

  4. 6.4

    By registering, the User acknowledges that the Company will Process their Personal Data in accordance with the Privacy Policy. Any registration details which the Company identifies as untrue or misleading shall entitle the Company to terminate the use of the Platform by such User with immediate effect.

  5. 6.5

    Conditions of Registering.

    1. 6.5.1

      To register on the Platform, the User must be at least 18 (eighteen) years old. By registering on the Platform, or accepting this Agreement, the User affirms that they are 18 (eighteen) years of age or older and possess the legal right, authority and capacity to use the Services.

    2. 6.5.2

      The User shall use the Platform in accordance with this Agreement and the Privacy Policy.

    3. 6.5.3

      The Company may, at any time and with or without notice, revise any of the features and functions it provides on the Platform, including removing such features and functions completely.

    4. 6.5.4

      The Company reserves the right to integrate the Platform with any Third Party Application to provide additional services as it may deem fit.

7Authorised User Representations

  1. 7.1

    By accessing or using the Enterprise Application, each Authorised User represents and warrants that:

    1. 7.1.1

      they are an employee, consultant, contractor, or other representative of the relevant Enterprise Client;

    2. 7.1.2

      they have been duly authorised by such Enterprise Client to access and use the Enterprise Application on its behalf, in the manner and to the extent permitted under the Enterprise Agreement;

    3. 7.1.3

      their access to and use of the Enterprise Application, including any Patient Data Processed thereby, is within the scope of, and in accordance with, such authorisation;

    4. 7.1.4

      prior to any Patient Data being captured, recorded, transcribed, or otherwise Processed through the Enterprise Application, such Patient (or their lawful guardian, where applicable) has been clearly informed that such Patient Data will be recorded, transcribed, and analysed using automated and AI-based tools, and that such Patient Data may be Processed by Third Party sub-processors, including outside India;

    5. 7.1.5

      the Patient's free, specific, and informed consent to such recording and Processing has been obtained and documented in a manner capable of being withdrawn; and

    6. 7.1.6

      the Authorised User will honour any withdrawal of such consent, and any request by a Patient to cease recording, and will promptly communicate any such request to the Company where action by the Company is required to give effect to it.

  2. 7.2

    The Company shall provide reasonable functionality within the Enterprise Application to support the capture of consent under Clause 7.1.5; provided that the obligation to obtain, verify, and maintain valid Patient consent, and to determine the lawfulness of any recording or Processing of Patient’s Data, rests solely with the Authorised User and the relevant Enterprise Client, as further governed under the Enterprise Agreement.

8Risk Alerts

  1. 8.1

    The Platform may generate automated alerts where it detects possible indicators of risk, including risk of self-harm (“Risk Alerts”). The Company does not warrant that the Platform will detect, or correctly detect, any particular risk. Risk Alerts may be inaccurate, over-inclusive, delayed, or absent, and the absence of a Risk Alert must never be interpreted as an assurance that no risk exists. A Risk Alert is decision-support only; the Company does not monitor Risk Alerts and does not provide any intervention.

  2. 8.2

    Each Authorised User acknowledges and agrees that the duty to review, triage, escalate, and act upon any Risk Alert, and to provide or arrange any clinical or emergency response, rests solely with the Authorised User and the treating professional, and that the Authorised User is responsible for determining and discharging any professional, ethical, or legal duty (including any duty to warn, protect, or report) that may arise on detection of risk, consistent with applicable law and the Mental Healthcare Act, 2017.

9Mental Well-being Tracker

  1. 9.1

    The Platform offers a mental well-being tracker, enabling Users to document and understand their emotional states over time. The Platform analyses information voluntarily submitted by a User to identify trends and generate insights. Such insights are for informational purposes only, do not constitute medical advice, diagnosis or treatment, and may be affected by the quality and completeness of the information provided.

10Acceptance

  1. 10.1

    The User acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. This Agreement does not have to be signed in order to be binding; the User indicates its assent by clicking “REGISTER” or a similar button presented at the time of opening an account with the Company.

  2. 10.2

    By using any of the Services, a User acknowledges and agrees to be bound by this Agreement. If a User disagrees with any part of this Agreement, such User must refrain from using the Platform or the Services.

11Terms Of Payment

  1. 11.1

    Fees payable for the Services depend on the subscription plan selected by the User, and shall be as displayed on the Platform or otherwise communicated by the Company from time to time.

  2. 11.2

    Individual Users shall make payment through the online payment methods made available on the Platform, including credit cards, debit cards, net banking, UPI, digital wallets, or such other methods as the Company may support from time to time.

  3. 11.3

    For Authorised Users, the applicable fees, payment terms and invoicing arrangements shall be governed by the Enterprise Agreement entered into between the Company and the relevant Enterprise Client, which shall prevail over this Agreement to the extent of any inconsistency.

12User’s Responsibilities And Restrictions

  1. 12.1

    The User shall not, and shall not permit any Third Party to:

    1. 12.1.1

      use the Platform or Services in violation of any applicable law, regulation, court order or governmental requirement;

    2. 12.1.2

      use the Platform to harass, abuse, threaten, stalk, defame or otherwise violate the legal, privacy, intellectual property or other rights of any person;

    3. 12.1.3

      upload, transmit, publish or otherwise make available any content that is unlawful, defamatory, obscene, abusive, fraudulent, misleading, discriminatory, infringing or otherwise objectionable;

    4. 12.1.4

      upload or transmit any malicious code, virus, worm, Trojan horse, corrupted file or other harmful code, software or material that may interfere with or damage the Platform, Services or any device or system;

    5. 12.1.5

      attempt to gain unauthorised access to the Platform, its underlying systems, networks, servers, accounts or data, or circumvent any authentication, security or access-control measures;

    6. 12.1.6

      interfere with, disrupt, overload or impose an unreasonable burden on the operation, integrity, availability or security of the Platform or Services;

    7. 12.1.7

      reverse engineer, decompile, disassemble, decode or otherwise attempt to derive the source code, algorithms, models, underlying technology or other non-public components of the Platform, except to the extent expressly permitted under applicable law;

    8. 12.1.8

      copy, reproduce, modify, adapt, translate, create derivative works from, distribute, sell, lease, license, sublicense, commercially exploit or otherwise use any part of the Platform, Services or Company Content except as expressly permitted under these Terms or with the Company’s prior written consent;

    9. 12.1.9

      scrape, crawl, harvest, extract or systematically collect information, data or content from the Platform, or use automated means to access the Platform, except where expressly authorised by the Company;

    10. 12.1.10

      use the Platform or any AI-generated output to develop, train, fine-tune, validate or improve any competing artificial intelligence, machine-learning or similar model or service, except with the Company’s prior written consent;

    11. 12.1.11

      use the Platform or its outputs to make decisions concerning another individual where such use is prohibited by applicable law or where the relevant output is being treated as a substitute for appropriate professional assessment or advice;

    12. 12.1.12

      circumvent, disable, remove, alter or interfere with any technical restrictions, usage limits, security mechanisms, notices or other features of the Platform;

    13. 12.1.13

      access or use any account, feature, functionality, data or portion of the Platform that the User is not authorised to access;

    14. 12.1.14

      use another person’s account or credentials without the necessary authorisation;

    15. 12.1.15

      use the Platform for benchmarking, competitive analysis or the development of a competing product or service without the Company’s prior written consent; or

    16. 12.1.16

      encourage, assist, facilitate or permit any other person to engage in any activity prohibited under this section.

13AI Processing, Third Parties And Cross-border Transfers

  1. 13.1

    The Platform incorporates AI processing and relies on Third Parties, including AI Providers to deliver the Services. User Data (including clinical text and journal text, and any Personal Data comprised therein) may be transmitted to and Processed by AI Providers and other sub-processors, some of which are located outside India. By using the Platform, the User acknowledges and authorises such Processing and cross-border transfer of Personal Data, subject to compliance with applicable law and the safeguards described in the Privacy Policy and, where applicable, the Enterprise Agreement.

  2. 13.2

    The Company’s current categories of sub-processors include AI model providers, a speech-to-text provider, cloud hosting and storage, payment processing, app-store distribution, analytics and error-logging, and transactional messaging.

  3. 13.3

    The Company and its AI Providers implement security measures intended to safeguard the integrity and confidentiality of User Data. The accuracy of Output cannot be guaranteed, and Users must exercise judgement and discretion in their interactions with the Platform.

14User Data And Privacy

  1. 14.1

    The Platform employs technical and organisational measures designed to protect the confidentiality of User Data. Users register with a username and password and are represented within the Company's systems by a unique internal identifier, and identifying information associated with that identifier is stored separately from the User’s account and other data. Sign-in and account recovery operate through identity credentials, and Users are identified within the Company's systems using encrypted identifiers .

15Intellectual Property Rights

  1. 15.1

    The Company retains all title, rights and interest in and to the Platform including all Intellectual Property Rights, in and to the Platform, all software and applications used to provide and operate it, and any source code, artwork, media, improvements, enhancements, updates, modifications and derivative works thereof, whether patentable or not.

  2. 15.2

    Subject to Clause 15.3, content available on the Platform, including AI-generated Output, software, photographs, written content, images, graphics, audio, logos, video clips and animations, is the exclusive property of the Company, its partners, licensors and assignees, and is protected under applicable intellectual property laws.

  3. 15.3

    Notwithstanding the foregoing, as between the Company and an Enterprise Client, any Patient Data, clinical records and other data or information relating to or generated in connection with the provision of clinical services to the Enterprise Client's patients, including any AI-generated Output that constitutes, incorporates or is derived from such Patient Data or clinical records, shall remain under the control of the Enterprise Client, which retains all right, title and interest therein. As between the Company and an Individual User, the Individual User retains all right, title and interest in the User Data input by them into the Consumer Application, and may access, reproduce, download, print and retain any Output generated in respect of them, including any EmPulse report, for their own personal and non-commercial use.. The Company shall have the right to access, use, Process and store such Patient Data, clinical records and related Output solely to the extent necessary to provide the Services and in accordance with the Enterprise Agreement and applicable law.

  4. 15.4

    Users are prohibited from publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, publicly performing or publicly displaying any Company-owned material or content on the Platform, in whole or in part, without the Company's prior written consent. For the avoidance of doubt, the foregoing restrictions shall not apply to Patient Data, clinical records or other data and information belonging to or under the control of an Enterprise Client, including AI-generated Output to the extent that such Output constitutes, incorporates or is derived from such Patient Data or clinical records, and Authorised Users may access, reproduce, download, print, share or otherwise use such data and records for legitimate clinical, administrative or other purposes authorised by the relevant Enterprise Client, subject to applicable law and the Enterprise Agreement. For permissions, Users must contact support@empaithy.com. The Company owns and retains all right, title and interest in and to the Empaithy™ brand.

16Third Party Links And Content

  1. 16.1

    The Platform may feature links to external websites or platforms not under the Company's control, each with its own terms and privacy policies. A User who accesses such a site leaves the Platform and becomes subject to that site's terms, which the Company does not endorse, approve or verify. Users are advised to review the terms and conditions of any external site before engaging in any activity there.

17Compatible Devices And Availability

  1. 17.1

    To access and use the Platform, a User will need a personal computer, smartphone, or other device meeting the system and compatibility requirements the Company establishes from time to time (a “Compatible Device”).

  2. 17.2

    The Applications are available for handheld mobile Compatible devices running Android OS or iOS operating systems, as applicable. The Company will use reasonable efforts to make the Applications available at all times; however, a User acknowledges that the Applications are provided over the internet and mobile networks, and their quality and availability may be affected by factors outside the Company's reasonable control.

  3. 17.3

    The Company does not accept any responsibility for unavailability of the Platform, or any difficulty or inability to download or access content, or any communication system failure resulting in the Platform being unavailable.

18Limitation Of Liability

  1. 18.1

    In no event shall the Company, its officers, directors, employees or agents be liable to any User or any other person for any indirect, incidental, special, punitive or consequential damages whatsoever arising from or relating to: any errors, mistakes, inaccuracies, omissions or limitations of Output; any clinical, treatment or personal decision taken in reliance on the Platform or its Output; any failure to detect, or any delayed, incomplete or erroneous detection of, risk of self-harm or other risk; personal injury or property damage of any nature; unauthorised access to or use of the Company's servers or any personal information stored therein; interruption or cessation of transmission to or from the Platform; any bugs, viruses or the like transmitted through the Platform by any Third Party; or any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content made available via the Platform.

  2. 18.2

    Notwithstanding anything to the contrary in this Agreement, to the maximum extent permitted by applicable law, the aggregate liability of the Company arising out of or in connection with this Agreement or the Platform shall not exceed the total amount of fees actually paid by the relevant User to the Company for the Services during the 12 (twelve) months immediately preceding the event giving rise to the claim.

19Indemnification

  1. 19.1

    The User agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or any activity related to the User’s account (including negligent or wrongful conduct), by the User or any person accessing the Platform using the User’s account.

20Governing Law And Jurisdiction

  1. 20.1

    This Agreement shall be governed by and construed in accordance with the laws of India. Subject to Clause 21.1, any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.

21Dispute Resolution

  1. 21.1

    Any dispute, controversy, or claim arising out of or in connection with this Agreement or a User's use of the Platform shall first be attempted to be resolved amicably through good faith discussions. If not resolved within 30 (thirty) days, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended, by a sole arbitrator appointed mutually by the parties. The seat and venue of arbitration shall be New Delhi, India, and proceedings shall be conducted in English.

22Grievance Officer

  1. 22.1

    Questions about this Agreement may be directed to:

  2. 22.2

    Title: Grievance Officer

  3. 22.3

    Email: support@empaithy.com

  4. 22.4

    Address: 7/20 Industrial Area, Kirti Nagar, West Delhi, New Delhi, India 110015

  5. 22.5

    We assure you that we will make every reasonable effort to promptly respond to and resolve any concerns or questions you may have within the statutory timelines.

Questions about these terms can go to support@empaithy.com.