Smilo.ai (referred to as “we”, “us”, “Smilo.ai”) is the author and publisher of the internet resource www.smilo.ai and all its domains (together referred to as “Websites”) on the world wide web, other connected software and applications provided by Smilo.ai, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”).

  1. NATURE AND APPLICABILITY OF TERM
  • Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at www.smilo.ai and accept before you decide to access the Website or App or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Smilo.ai in connection with your visit to the Website/ App and your use of the Services.
  • The Agreement applies to you whether you are –
  1. A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
  2. A user of the Website or App (“you” or “User”).
  3. A third-party provider including Practitioners.
    • This Agreement applies to all services made available by Smilo.ai on the Website or App.
  • The Services may change from time to time, at the sole discretion of Smilo.ai, and the Agreement will apply to your visit and use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time. You can determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the top of these Terms.
  • This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member/user with us. If you have any questions about any part of the Agreement, contact us.
  • By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
  • This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement and the last updated version of this Agreement.
  • We reserve the right to modify or terminate any part of the Agreement for any reason at any time.
  • You should read the Agreement at regular intervals. Use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services/Website/App. Your continued use of the Services/Website/App shall be deemed to signify your acceptance of these provisions or amended provisions of these Terms and/or the Agreement. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
  • You acknowledge that you will be bound by this Agreement for availing any of our Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
  • Your access to use of the Website and the Services will be solely at the discretion of Smilo.ai. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
  1. the Indian Contract Act, 1872,
  2. the Indian Information Technology Act, 2000,
  3. TelemedicineAct,1997 and Telemedicine Practice Guidelines, and
  4. the rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2011 (the “IGRules”).
  1. CONDITIONS OF USE
  • You must be 18 years of age or older to register, avail Services, or visit or use the Website in any manner. By registering, visiting, and using the Website or accepting terms and conditions of the Agreement, you represent and warrant to Smilo.ai that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services and agree to and abide by this Agreement.
  • In case, you are less than 18 years of age, a consent from guardian or parent must be provided.
  1. USERS DATA
  • Users can register by signing in through their Facebook, Gmail, Apple or email id.
  • The User understands and agrees that if the User request to be connected to any Practitioner or request for purchase of any products the User data on the App/Website shall be shared with such Practitioner. Some of the User data may also be shared by Smilo.ai with members of the Haleon group of companies (collectively “Haleon”) who will process it solely for the purpose of facilitating delivery of Smilo.ai’s Services to you.
  • The User understands and agrees that the images requested by Smilo is for the oral health rating and the User consents to providing such images. The User understands the oral health rating is based on the images provided by the User and Smilo does not guarantee the results or rating provided.
  • The oral diagnosis and services is provided on a best-efforts as-is basis. While we strive to maintain the highest level of service availability, Smilo.ai are not liable for any interruption that may be caused to your access to the Services.
  • Any health-related reminder or notification service (like appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. Smilo.ai is not liable if for any reason a reminder or notification is not delivered to you or is delivered late or delivered incorrectly, despite its best efforts, or if your health is impacted negatively because of the same.
  • ai uses industry–level security and encryption to your personal health record. However, Smilo.ai cannot guarantee prevention of any unauthorized access if you lose your login credentials or that is otherwise compromised.
  • If you access your dependents’ record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have, had they maintained their own separate individual personal health record.
  • If you provide anyone else access to your personal health record, oral rating or images, you are deemed to be responsible for all actions, access, and transaction that that person takes related to your personal health record either on their own or independently. Smilo.ai is not responsible or liable for any action, transaction, loss, leakage, or any other liability arising out of this.
  1. LISTING CONTENT AND DISSEMINATING INFORMATION
  • The Services provided by Smilo.ai or any of its licensors are provided with no warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Smilo.ai  does not provide or make any representation, warranty, or guarantee, express or implied about the Website, App or the Services. Smilo.ai  does not guarantee the accuracy or completeness of any content or information provided by Users on the Website and App. To the fullest extent permitted by law, Smilo.ai  disclaims all liability arising out of the User’s use or reliance upon the Website, App, the Services, representation, and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Smilo.ai  or any User in relation to any User or services provided by such User.
  • The Website or App may be linked to the website of third parties, affiliates, and business partners. Smilo.ai has no control over, and not liable or responsible for the content, accuracy, validity, reliability, quality of such websites or made available by/through our website or App. Inclusion of any link on the Website or App does not imply that Smilo.ai endorses the linked site. Users may use the links and these services at User’s own risk.
  • ai assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s can write his/her feedback to support@smilo.ai.
  • If Smilo.ai determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete, or false information, Smilo.ai reserves the right to immediately suspend your access to the Website or App or any of your accounts with Smilo.ai and makes such declaration about suspension on the website alongside your name as determined by Smilo.ai for the protection of protecting its business and in the interests of Users. You shall be liable to indemnify Smilo.ai for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Smilo.ai or its Users.
  1. REVIEWS AND FEEDBACK

By using this Website/ App, you agree that any information shared by you with Smilo.ai or with any other person, oral healthcare service provider or anyone else using the Website, App or Services will be subject to our Privacy Policy.

You are solely responsible for the content that you submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of Smilo.ai in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Smilo.ai disclaims all responsibility regarding the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Smilo.ai shall not be liable to pay any consideration to any User for re-publishing any content across any of other platform including platforms operated by Smilo.ai’s third party partners.

Your publication of reviews and feedback on the Website is governed by Clause 6 stated hereinafter. Without prejudice to the detailed terms stated in Clause 6, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Smilo.ai, at its sole discretion, may choose not to publish your reviews and feedback, if so, required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Smilo.ai may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  • Obtaining feedback in relation to Website, App or Smilo.ai’s services; and/or
  • Obtaining feedback in relation to any oral healthcare service providers on the Website or App; and/or
  • Resolving any complaints, information, or queries by oral healthcare service providers regarding your Critical Content.

And you agree to provide your fullest co-operation further to such communication by Smilo.ai.

  1. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
  • As mandated by Regulation 3(2) of the IG Rules, Smilo.ai hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • Threatens the unity, integrity, defense, 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.
    • Users are also prohibited from:
  1. violating or attempting to violate the integrity or security of the Website, App or any Smilo.ai content;
  2. transmitting any information (including posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by Smilo.ai;
  3. intentionally submitting any incomplete, false or inaccurate information;
  4. making any unsolicited communications to other Users;
  5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;
  7. copying or duplicating in any manner any of the Smilo.ai Content or other information available from the Website or App;
  8. Framing or hot linking or deep linking any Smilo.ai content.
  • ai upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 6.1above, shall be entitled to remove or disable access to the material or contravenes of Clause 10. Smilo.ai is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Smilo.ai shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • In case of non-compliance with applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Smilo.ai has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website. If requested by governmental authorities or as per court directions, Smilo.ai may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.
  1. CONDITIONS FOR PRACTITIONER
  • Practitioner” shall mean dental practitioners or other healthcare professionals identified by Smilo.ai or Haleon.
  • The Terms and the Agreement shall apply to the Practitioner and any person that accesses the information on behalf of the Practitioner.
  • The Practitioner represent and warrants that:
  1. you are not a person barred from receiving the Practitioner services under the laws of India.
  2. You also undertake to inform us of any pending or decided cases/complaints against you in India/abroad for medical negligence and/or medical offences.
  3. you are qualified to provide oral healthcare services within the territory of India.
  4. you have obtained all licenses as required by law to provide oral healthcare services and have not committed any act or omission that might prejudice its continuance or renewal.
  5. You shall be solely liable for your dealings and interaction with patient or User, his/her representatives or affiliates and hereby understand and agree that the relationship between you and the User or patient, shall be independently governed as per the Applicable Laws.
    • Smilo only provides the User with the Practitioner details, and the Practitioner shall be solely responsible for the services, medication or consultation provided to the User.
    • The Practitioner hereby agree and undertake that you will not or attempt to:
  6. impersonate any other practitioner, person, or entity;
  7. misrepresent your affiliation with Smilo;
  8. use the website or Services to violate any local, state, national or international law;
  9. use abusive or derogatory language while communicating with the patients and Users;
  10. transfer, assign or sublicense their practitioner account or right to use the Practitioner services to any third party;
  11. use the Practitioner services provided by Smilo for any unauthorized and unlawful purpose; and
  12. Engage in any activity that interferes with or disrupts the Practitioner services, site or system.
  1. PAYMENT
  • The User may purchase the Service or products provided on the Website or the App. All payments shall be made through a payment gateway. ai does not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified on the Website or App for this purpose.
  • Payment terms –The User shall be directed to the payment gateway for any payments on the Website or App and shall make the payments as per the terms of the payment gateway.
  • The following is a summary of the key payment terms to note:
  1. Payment(s) may be made with a Credit Card, Debit card, Net Banking, UPI or any other mode of online payment as stated by the payment gateway.
  2. it is recommended that the User shall make necessary enquiry about the charges or fees payable against Credit Card, Debit card, Net Banking or any other mode of online payment from their service provider i.e., the respective Bank[s]/service provider[s].
  3. The credit card/ Debit card or any other mode of online payment information supplied at the time of using the service is processed by the payment gateway and is not supplied to Smilo. It is the sole responsibility of the User of to ensure that the information entered in the relevant fields is correct.
  4. The User agrees, understands, and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking/ any other online payment transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Smilo have no control over such matters.
  5. The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor the Smilo gives any assurance, that the information provided online by a User is secured or may be read or intercepted by a third party. Smilo does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
  6. Smilo shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Smilo, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the payment services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the service.
  • Debit/Credit Card, Bank Account Details
  • The User agrees that the debit/credit card details provided by him/ her payment through the payment gateway must be correct and accurate and that the User shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details or any other means of online payment details.
  • The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
  • The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
  • The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
  • The User authorizes debit of the nominated card or E- wallet/ bank account for the payment of fees selected by such User along with the applicable fees.
  • The User is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or fees dues selected by the User inclusive of the applicable fee/charges.
  • Shipping

The User understands that third party products are listed and linked on the Website and App for purchase. Any purchase of these products shall be subject to the terms and conditions of the third party and shipping terms of such third party. Smilo is not responsible for any shipping or delivery.

 

  • Cancellation and Refund Policy

The User understands that the reports may be generated immediately on request and payment from the User. In case the report is not generated within twenty-four (24) hours from the time of payment or there is any error on generating the report, the User shall contact us through the email address provided in these Terms and may request for a refund. The refund may be issued to the source of payment.

  1. INTELLECTUAL PROPERTY RIGHTS
  • The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website or App are the property of Smilo.ai or has been licensed to Smilo.ai  by the relevant owners for use. The User may use this material only as expressly authorized by Smilo.ai  and shall not copy, transmit or create derivative works of such material without express authorization from Smilo.ai .
  • The User acknowledges and agrees that they shall not upload post, reproduce, or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Smilo.ai.
  1. TERMINATION
  • ai reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law where:
  1. A third-party reports violation of any of its right as a result of your use of the Services;
  2. ai is unable to verify or authenticate any information provide to Smilo.ai by a User;
  3. ai has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or
  4. ai believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Smilo.ai or Haleon or are contrary to the interests of the Website.
    • Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any oral healthcare services the User has rendered in order to comply with the User’s record keeping process and practices.
  1. DISCLAIMER OF WARRANTIES
  • All information available on the Website or App, (the “Platform Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Smilo.ai will not be responsible for the same. Further Smilo.ai will not be responsible or liable in any manner for any data added, provided, stored, or managed by the User including all personally identifiable information.
  • The Platform Information does not constitute an invitation or recommendation to take oral healthcare services from Smilo.ai nor is such Information a substitute for professional advice or solicitation regarding oral healthcare services/ products or recommendation thereof. Smilo.ai urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
  • All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. In no event shall Smilo.ai be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
  1. INDEMNITY

User agrees to indemnify and hold harmless Smilo.ai, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Smilo.ai will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  1. APPLICABLE LAW AND JURISDICTION
  • The laws of India shall govern this Terms and the Agreement, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue located in Bengaluru, India, for all matters or disputes arising out of or relating to the Terms or Your access or use of the Website and App.
  1. CLINICAL DATA ANALYSIS DISCLOSURE

Clinical studies in humans must comply with ethical principles, which protect the safety and well- being of the study participants. Providing access to information about clinical research studies and their results benefits study participants, patients, healthcare providers and the wider public. This information helps people make informed decisions about potential treatment options as well as potential participation in clinical studies. Smilo.ai may use individuals personal information is (a) to be disclosed to a third party, or (b) to be used for clinical data analysis which can help health care service provider in doing his health care consultation for better outcomes. Smilo.ai would get into a separate agreement with the individual who has shown their consent for the trials. Smilo.ai will not process Sensitive Personal Information about individuals/Users for purposes other than those for which the information was originally obtained or subsequently authorized by the individual/User unless the User explicitly consents to the processing or as required or permitted, or where not prohibited by law or regulation.

All data provided is secured with respect to the privacy of patients who have participated in the trials in line with applicable laws and regulations.

  1. ARTIFICIAL INTELLIGENCE DISCLOSURE

Smilo.ai uses data for Artificial Intelligence and Machine learning algorithm to help patient and user to understand their comorbidities. Oral images of patient collected through the digital platform may be used for understanding and making improvements in Artificial Intelligence and Machine learning algorithm

  1. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the rest of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Smilo.ai. Any consent by Smilo.ai to, or a waiver by Smilo.ai of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  1. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER WEBSITE/APPS

Smilo.ai Website/App may from time to time provide links and pointers to Internet Website/Apps of third parties (“Third-Party Website/Apps”). These links and pointers to Third-Party Website/Apps are provided as a convenience only. Smilo.ai has not reviewed, and does not operate or control in any respect, any information, products, or services available on Third-Party Website/Apps, and Smilo.ai is not responsible for any information provided at any Third-Party Website/Apps. Smilo.ai makes no representations and provides no warranties whatsoever concerning Third-Party Website/Apps. The fact that Smilo.ai has provided a link to any Third-Party Website/App on this Website/App does not constitute an endorsement, authorization, sponsorship, or affiliation by Smilo.ai with respect to such Third-Party Website/App or its owners or providers, or any products or services mentioned or offered at the Third-Party Website/App. Smilo.ai expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by, advertised on, or sold through, all Third-Party Website/Apps. Further, Smilo.ai disclaims any responsibility for the privacy or security of any information exchanged in conjunction with the use of any Third-Party Website/App.

 

  1. LIMITATION OF LIABILITY

Under no circumstances shall smilo.ai, its subsidiaries, or its licensors be held liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if smilo.ai has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, smilo.ai’s liability in such jurisdictions shall be limited to the extent permitted by law.

  1. CONTENT

Statements made in Websites/App, newsgroups, message boards, e-mail, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on Smilo.ai are not authorized spokespersons, and their views do not necessarily reflect those of Smilo.ai.

  1. LICENSES AND IDEA SUBMISSIONS

You agree to grant to Smilo.ai a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Smilo.ai (such as forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Smilo.ai for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

  1. THIRD PARTY RIGHTS

The provisions of the sections titled, Disclaimer of Warranties, Limitation of Liability and Indemnification are for the benefit of Smilo.ai and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

  1. INTERNATIONAL USE

Smilo.ai makes no representation that materials on this Website/App are appropriate or available for use in locations outside India and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website/App from other locations do so on their own initiative and are responsible for compliance with local laws.

  1. LIMITED LICENSE

By this Agreement, Smilo.ai grants, subject to the terms of this Agreement, only a limited, non- transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use Smilo.ai in real time and to use the materials on this Website/App in a manner consistent with this Agreement.

  1. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.

Any software that is made available to download from the Website of Smilo (“Software”) is the copyrighted work of Smilo.ai. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

 In no event shall smilo.ai and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

  1. Padma Gadiyar is the designated Grievance Officer in respect of the Website and App. Any complaints or concerns with regards to any content on the Website and App or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at 6-4-56, Mangesh Apartments, Ground Floor, Near S.L.V Temple, Harish Chandra Marg, Udupi – 567101 and through an email signed with electronic signatures sent to info@smilo.ai.