Terms and Conditions

NATURE AND APPLICABILITY OF TERM

Please carefully review these terms and conditions ("Terms") and the privacy policy available at https://www.kynohealth.com ("Privacy Policy") before you access the Website or App or avail yourself of the Services we provide. These Terms, along with the Privacy Policy, collectively constitute a legal agreement ("Agreement") between you and Kyno Health governing your visit to the Website and your use of the Services (as defined below).

This Agreement applies to you whether you are:

• A patient, their representative, attendant, relative, friend, or affiliate ("you" or "User"), or
• A user of the Website or App ("you" or "User").

This Agreement encompasses all services made available by Kyno Health on the Website or App. Please note that the Services may change from time to time at the sole discretion of Kyno Health. Consequently, the Agreement will apply to your visit to and use of the Website or App to avail of the Services, as well as to all information you provide on the Website or App at any given point in time.

This Agreement delineates the terms and conditions under which you are permitted to use the Website and App and outlines how we will manage your account while you are registered as a member with us. Should you have any questions regarding any part of the Agreement, please feel free to contact us at support@kynohealth.com.

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 comply with them fully. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing yourself of any Service, you signify your agreement and acceptance of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. It is advisable to read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. 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 Services are also considered part of the Agreement.

You acknowledge that you will be bound by this Agreement to avail yourself of any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail yourself of any Services. Your access to and use of the Website and the Services will be solely at the discretion of Kyno Health.

The Agreement is published in compliance with and is governed by the provisions of Indian law, including but not limited to:

• The Indian Contract Act, 1872,
• The (Indian) Information Technology Act, 2000, and
• The rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").

CONDITIONS OF USE

To register, use the Services, or visit or use the Website in any manner, you must be 18 years of age or older. By registering, visiting, using the Website, or accepting this Agreement, you represent and warrant to Kyno Health that you meet this age requirement. You affirm that you possess the right, authority, and capacity to utilize the Website and the Services offered through it, and you agree to abide by the terms of this Agreement.

END-USER ACCOUNT AND DATA PRIVACY

The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules and are detailed in the Privacy Policy. Kyno Health and its Partners, through the Services, may collect information related to the devices you use to access the Website, your location, and anonymous data on your usage patterns. This information will be utilized solely to enhance the quality of the services and develop new offerings. The Website and App enable Kyno Health and its Partners to access users' personal email addresses or phone numbers for communication and analytics purposes.

3.1 Privacy Policy Overview

The Privacy Policy specifies:

• The types of information collected from users, including sensitive personal data or information;
• The purposes, means, and methods of using such information;
• The parties to whom Kyno Health may disclose such information;
• Additional information is mandated by the SPI Rules.

3.2 User Awareness and Responsibilities

Users are expected to read and understand the Privacy Policy to ensure they are aware of:

• The fact that certain information is being collected;
• The purpose for which the information is collected;
• The intended recipients of the information;
• The methods of collection and retention of the information;
• The various rights available to users concerning such information.

Kyno Health and its Partners are not responsible for the authenticity or accuracy of the personal information or sensitive data provided by the user to Kyno Health or any entity acting on behalf of Kyno Health or its Partners.

3.3 Account Security

Users are responsible for maintaining the confidentiality of their account access information and passwords if they are registered on the Website or App. Users are accountable for all activities conducted using their account and password, whether or not they authorize it. Users must immediately notify Kyno Health of any actual or suspected unauthorized use of their account or password. Although Kyno Health is not liable for losses incurred due to unauthorized use of your account, you may be liable for the losses of Kyno Health or others resulting from such unauthorized use.

3.4 Accuracy of Provided Information

If a user provides information that is untrue, inaccurate, outdated, or incomplete (or becomes such), or if Kyno Health has reasonable grounds to suspect that the information is untrue, inaccurate, outdated, or incomplete, Kyno Health reserves the right to discontinue the Services to the user at its sole discretion.

3.5 Contact Information Maintenance

Users are responsible for keeping their mobile number and email ID updated on the Website or App. All reminders and notifications will be sent to the account associated with the provided mobile number and/or email ID. Whenever users change any contact information (mobile or email), Kyno Health will send a confirmation. Kyno Health is not responsible for any loss or inconvenience caused by the user's failure to update their contact details.

3.6 Usage of Collected Information

Kyno Health and its Partners may use information collected from users for purposes such as debugging customer support-related issues. Kyno Health may offer Services that allow users to communicate with Kyno Health, its authorized representatives, doctors, or similar stakeholders via online chat, text messages, video calls, or voice calls. Records of such communications may be recorded and stored on Kyno Health's or its Partners' servers and are managed in accordance with the Privacy Policy. Kyno Health and its Partners are not liable if users choose to use this facility to interact with doctors or clinicians or if the facility is not used as intended.

3.7 Personal Health Record Facility

Users may be provided with a personal health record facility to add, modify, delete, and manage their health-related records and information. Specific terms related to this facility are outlined below, in addition to the Terms and Privacy Policy:

• This facility is enabled or created for users only after they have signed up and explicitly accepted the Terms.
• Information in the Health Account can be either:
  • Patient-created: Information generated and uploaded by the user.
  • Kyno Health-created: Information generated by using a Service from Kyno Health, such as consultations or diagnostic tests.
• Kyno Health-created information is provided "as-is," with no representations made regarding its accuracy.
• Users are solely responsible for the accuracy, adequacy, and reliability of any Patient-created information they generate or create. Users indemnify and hold harmless Kyno Health and its Partners from any inaccuracies, errors, losses, or liabilities arising from Patient-created information.
• The personal health record facility is provided on a best-efforts, "as-is" basis. While Kyno Health strives for high service availability, it is not liable for any interruptions in accessing the Services.
• Any health-related reminders or notification services (e.g., medication or appointment reminders) are supplementary notifications. Kyno Health is not liable for any issues arising from the non-delivery, late delivery, or incorrect delivery of these notifications despite best efforts.
• Kyno Health employs industry-standard security and encryption for personal health records. However, Kyno Health cannot guarantee the prevention of unauthorized access if login credentials are lost or compromised. Users must safeguard their login credentials and report any actual or suspected breaches to support@kynohealth.com.
• If users access their dependents' records through their personal health records by registering dependents under their account, they are responsible for those records and obligations as if the dependents maintained their own separate personal health records.
• If users grant others access to their personal health records, they are responsible for all actions, access, and transactions made by those individuals. Kyno Health and its Partners are not liable for any actions, transactions, losses, or liabilities arising from such access.

LISTING CONTENT AND DISSEMINATING INFORMATION

Kyno Health collects and displays relevant information about Practitioners listed on the Website, such as their specialization, qualifications, fees, location, visiting hours, and other details. This information is gathered directly or indirectly, and Kyno Health makes reasonable efforts to ensure it is updated frequently. Despite these efforts, Kyno Health cannot be held liable for any inaccuracies or incompleteness in the information provided.

4.1 Service Provision and Warranty Disclaimer

The Services offered by Kyno Health or any of its licensors or Partners are provided on an "as is" and "as available" basis without any warranties or conditions, whether express or implied. This includes implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, whether arising by statute, law, or from a course of dealing or usage of trade. Kyno Health and its Partners do not make any representation, warranty, or guarantee, express or implied, regarding the Website, App, or Services. They do not guarantee the accuracy or completeness of any content or information provided by users on the Website. To the fullest extent permitted by law, Kyno Health and its Partners disclaim all liability arising from the user's use or reliance on the Website, App, the Services, representations, and warranties made by other users, the content or information provided by users on the Website, or any opinion or suggestion given by Kyno Health, its Partners, or any user regarding any user or services provided by such user.

4.2 Third-Party Links

The Website or App may contain links to third-party websites, affiliates, and business partners. Kyno Health has no control over and is not responsible for the content, accuracy, validity, reliability, or quality of such websites. The inclusion of any link on the Website or App does not imply endorsement by Kyno Health. Users access and use these links and services at their own risk.

4.3 Limitation of Liability

Kyno Health and its Partners assume no responsibility and shall not be liable for any damages to or viruses that may infect a user's equipment due to accessing, using, or browsing the Website or App or downloading 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, their sole remedy is to discontinue using the Website or App.

4.4 Fraudulent Information and Indemnity

If Kyno Health determines through feedback or other means that a user has provided fraudulent, inaccurate, incomplete, or false information, Kyno Health reserves the right to immediately suspend the user's access to the Website or any of their accounts with Kyno Health. Kyno Health may also declare this suspension on the website alongside the user's name to protect its business and the interests of users. The user shall be liable to indemnify Kyno Health and its Partners for any losses incurred due to the user's misrepresentations or fraudulent feedback that have adversely affected Kyno Health, its Partners, or its users.

BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES, AND INTERACTING WITH MEDICAL SERVICE PROVIDERS

5.1

Kyno Health endeavors to secure confirmed appointments with medical service providers (such as doctors) for users who request appointments through the Website or App. However, Kyno Health and its Partners do not guarantee that a user will obtain a confirmed appointment. Additionally, Kyno Health and its Partners are not liable if an appointment, once confirmed, is later canceled, postponed, or rescheduled by the hospital or medical service provider. They are also not liable if the medical service provider is unavailable at the appointed time.

5.2

Kyno Health and its Partners may offer value-added services that connect users directly to medical service providers through video calls, voice calls, text messages, online chats, or other electronic means. The information exchanged during these interactions is stored and used in accordance with the Privacy Policy. However, users have the discretion to decide whether or not to utilize these services if they are available.

5.3

You understand and agree that any interactions and associated issues with other Users, including but not limited to your health issues and your experiences, are strictly between you and the other Users. You shall not hold Kyno Health or its Partners responsible for any such interactions and associated issues, and Kyno Health will not be held responsible or liable for them. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis, and hence Kyno Health and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Kyno Health or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage, or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.

5.4

Without prejudice to the generality of the above, Kyno Health or its Partners will not be liable for:

• any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on the part of any of the above;
• any type of inconvenience suffered by the User due to a failure on the part of the medical service provider, including the doctor to make themself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
• cancellation or rescheduling of booked appointments or any variance in the fees charged;
• any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, or pharmacy whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.

5.5

Additionally, Kyno Health shall not be held liable for any comments or feedback provided by users about the services rendered by another user. Any such feedback should comply with applicable laws and regulations. The option for users to give feedback is entirely at the discretion of Kyno Health and can be modified or withdrawn at any time without prior notice.

Kyno Health reserves the right to moderate, review, and manage the feedback provided by users to ensure it aligns with community guidelines and legal requirements. This moderation process may include editing, removing, or refusing to display any feedback deemed inappropriate or non-compliant. However, Kyno Health is not obligated to implement any changes or actions based on the content of the feedback received from users.

Users should be aware that while their feedback can help improve services and inform other users, Kyno Health does not guarantee that all feedback will be acted upon or that it will result in any specific changes. The presence of user feedback on the Website or App does not imply endorsement or verification by Kyno Health. Users are encouraged to exercise their judgment and conduct their own research when considering feedback related to medical service providers or other services offered through the Website or App.

ONLINE PAYMENT ON WEBSITE AND APP

6.1

The Website and App provide users with the ability to make online payments for certain Services via a secure third-party payment gateway. This feature allows for seamless transactions using various payment methods, such as credit cards and debit cards. While Kyno Health facilitates this process, the payment gateway manages transaction security and approval, ensuring that users' financial information is protected throughout the payment process.

6.2

If you choose to pay online, you may be directed to a third-party payment gateway to enable payment processing. This transaction will be governed by the terms and conditions and privacy policy of the third-party payment gateway. Kyno Health shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on the part of the bank, the credit card, or the third-party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

6.3 Cancellation and Refund Policy:

• The cancellation and refund policy is only applicable to all online payments made through the mobile app and website for booking appointments.
• In case cancellation is initiated by the end-user:
  • Before Schedule Appointment Time- 100% of Consultation Fees will be refunded. However, please note that convenience fees will not be refunded.
  • After Scheduled Appointment Time- neither Consultation Fees nor Convenience Fees will be refunded.
• At the time of cancellation, the amount will be refunded via the same source of payment and will be subject to the payment terms of the source only. Amount will be refunded within 7 working days.

8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

8.1 Ownership and Use of Content:

The content on the Website is either user-generated or owned by Kyno Health and its Partners. Any information collected directly or indirectly from users belongs to Kyno Health and its Partners. Unauthorized copying of this copyrighted content for commercial purposes or profit will violate copyright laws, and Kyno Health and its Partners reserve the right to take legal action accordingly.

8.2 Permitted Access and Usage:

Kyno Health permits users to view and access content on the Website solely for purposes related to ordering, receiving, delivering, sharing, storing, and communicating in accordance with the Agreement. The content on the Website, including information, text, graphics, images, logos, button icons, software code, design, and their arrangement (collectively, "Kyno Health Content"), is the property of Kyno Health or its Partners and is protected by copyright, trademark, and other laws. Users are prohibited from modifying, reproducing, displaying, publicly performing, distributing, or using the Kyno Health Content for any public, commercial, or personal gain.

8.3 Restrictions on Monitoring and Benchmarking:

Users are not allowed to access Kyno Health's services to monitor their availability, performance, or functionality or for any other benchmarking or competitive purposes.

9. REVIEWS AND FEEDBACK

By using this Website, you agree that any information you share with Kyno Health or any other user, medical service provider, or entity using the Website, App, or Services will be subject to our Privacy Policy.

You are solely responsible for the content you choose to submit for publication on the Website, including feedback, ratings, or reviews ("Critical Content"). Kyno Health acts as an 'intermediary' under the Information Technology Act of 2000 regarding the publication of Critical Content. Kyno Health disclaims all responsibility for Critical Content, and its role is limited to its obligations as an intermediary under the Act. Kyno Health is not obligated to compensate any user for republishing content across its or its partners' platforms.

Your publication of reviews and feedback on the Website is governed by Clause 10, as stated below. You agree not to post any content on the Website that

(a) infringes any third party intellectual property, publicity, or privacy rights, or

(b) violates any applicable law or regulation, including the IG Rules and SPI Rules.

Kyno Health may, at its discretion, choose not to publish your reviews and feedback as required by applicable law and in accordance with Clause 5 of these Terms.

You consent to Kyno Health contacting you via telephone, email, SMS, or other electronic communication methods for purposes such as obtaining feedback on the Website, App, or Kyno Health's services; obtaining feedback on medical service providers; or resolving complaints, inquiries, or issues regarding your Critical Content. You agree to cooperate fully with Kyno Health in response to such communications.

10. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

10.1

According to Regulation 3(2) of the IG Rules, Kyno Health notifies Users that they are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:

• It belongs to another person and is not rightfully owned by the User.
• Is severely harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, disparaging, relates to or encourages money laundering or gambling, or is otherwise unlawful.
• Harms minors in any way.
• Infringes any patent, trademark, copyright, or other proprietary rights.
• Violates any current law.
• Deceives or misleads the recipient about the origin of such messages or communicates offensive or threatening information.
• Impersonates another person.
• It contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
• It threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, and public order; it incites the commission of any offense; it prevents investigation of any offense; and it insults any other nation.

These guidelines are aimed at ensuring compliance with legal requirements and maintaining a safe and respectful online environment for all users of the Website, App, or Services provided by Kyno Health.

10.2

Users are also strictly prohibited from:

• Violating or attempting to violate the integrity or security of the Website, App, or any content provided by Kyno Health.
• Transmitting any information, including job posts, messages, or hyperlinks, through the Website or App that disrupts, competes with, or undermines the provision of services by Kyno Health.
• Intentionally submitting incomplete, false, or inaccurate information.
• Initiating unsolicited communications to other Users.
• Using any automated system, software, tool, agent, or mechanism (such as spiders, robots, avatars, or intelligent agents) to browse or search the Website.
• Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website or App.
• Copying or duplicating Kyno Health content or other information available on the Website or App in any manner.
• Framing, hotlinking, or deep linking any Kyno Health content without explicit permission.

These regulations are in place to safeguard the operational integrity, security, and fair use of the Website and App, ensuring a positive and compliant user experience for all.

10.3

Kyno Health or its partners, upon discovering or receiving written or electronically signed notification with an electronic signature from an affected individual regarding any user-generated content that violates the terms outlined above, or upon notification from the appropriate government authority that the Website or App is being used for unlawful activities or in violation of Clauses 10. a and 10. b, reserves the right to take action. This may include removing or disabling access to such material or information as per Clause 10. Kyno Health is obligated under the IG Rules to act promptly, typically within thirty-six hours of becoming aware of such violations. Additionally, Kyno Health may collaborate with users to disable any content that breaches applicable laws.

Furthermore, Kyno Health retains the right to preserve such information and associated records for a minimum of 90 days. This retention is necessary to facilitate investigations by governmental authorities as required.

These measures are implemented to uphold legal compliance, protect user interests, and maintain the integrity and lawful operation of the Website and App provided by Kyno Health and its partners.

10.4

If a User fails to comply with any applicable laws, rules, regulations, or the terms of the Agreement (including the Privacy Policy), Kyno Health reserves the right to take immediate action. This includes terminating the User's access or usage rights to the Website, App, and Services, as well as removing any non-compliant information from the Website.

This action is necessary to ensure adherence to legal requirements, maintain the integrity of services offered by Kyno Health, and safeguard the rights and interests of all users of the platform.

10.5

Kyno Health reserves the right to disclose or transfer user-generated information to its affiliates or governmental authorities as permitted or required by applicable law. By using the Website, App, or Services, you consent to such transfers.

Kyno Health will comply with any lawful directives from government agencies or courts to disable access to user-generated information deemed illegal by competent governmental authorities. This ensures adherence to legal obligations, facilitates regulatory compliance, and supports the enforcement of applicable laws and regulations.

11. INTELLECTUAL PROPERTY RIGHTS

11.1

The contents of the Website and App are protected under Indian intellectual property laws, including trademarks and copyrights. Reproduction, retransmission, or any public or commercial use of any material from the Website and App is strictly prohibited. The logos, service marks, and trademarks ("IP Marks") displayed on the Website or App are either owned by Kyno Health or its Partners or licensed to Kyno Health or its Partners by their respective owners for use. Users may only use this material as expressly authorized by Kyno Health or its Partners and must not copy, transmit, or create derivative works without explicit authorization.

11.2

The User acknowledges and agrees not to upload, post, reproduce, or distribute any content on or through the Website or App that is protected by copyright or other proprietary rights of a third party without obtaining permission from the owner of such rights. Any copyrighted or proprietary content distributed on or through the Website or App with the owner's consent must include the appropriate copyright or proprietary rights notice. Unauthorized submission or distribution of copyrighted or proprietary content is illegal and may result in personal liability or criminal prosecution for the User. Nothing on the Website or App should be interpreted as granting, implicitly, by estoppel, or otherwise, any license or right to use any trademarks without prior written permission from Kyno Health.

12. TERMINATION

12.1

Kyno Health 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 the law where:

• Such User breaches any terms and conditions of the Agreement;
• A third party reports a violation of any of its rights as a result of your use of the Services;
• Kyno Health is unable to verify or authenticate any information provided to Kyno Health by a User;
• Kyno Health has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on the part of such User or
• Kyno Health believes in its sole discretion that User's actions may cause legal liability for such User, other Users, or for Kyno Health or its Partners or are contrary to the interests of the Website.

12.2

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 medical services the User has rendered in order to comply with the User's record-keeping process and practices.

13. DISCLAIMER OF WARRANTIES

13.1

All information provided on the Website or App (the "Information") is given under the condition that Users independently verify its accuracy, completeness, or suitability before relying on it or making any decisions. Kyno Health and its Partners disclaim responsibility for any such reliance. Additionally, Kyno Health and its Partners are not liable for any data added, provided, stored, or managed by Users, including personally identifiable information.

13.2

The Information does not constitute an invitation or recommendation to seek medical services from Kyno Health or its Partners, nor does it replace professional advice or solicitations regarding medical services/products. Users are urged to seek appropriate professional advice concerning the evaluation of any specific opinion, advice, product, service, or other Information.

13.3

All information on the Website is provided "as is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. In no event shall Kyno Health or its Partners be liable for any special, direct, indirect, or consequential damages resulting from loss, whether in contract, negligence, or other tortious actions, arising from or in connection with the use or performance of the Information. Information available on hyperlinked sites and any third-party content is subject to the terms and conditions stated therein.

14. LIMITATION OF LIABILITY

14.1

Information on the Website or App may contain inaccuracies or typographical errors. While Kyno Health strives for accuracy, it makes no warranties or representations regarding the quality, accuracy, or completeness of any data or information provided. Kyno Health expressly disclaims all warranties of fitness for a particular purpose and merchantability concerning the Website or App and its contents, including any liability, responsibility, or claim, whether direct or consequential, arising from or related to the use of the Information on the Website.

14.2

In no event shall Kyno Health or its Partners be liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from (a) the use or inability to use the Services; (b) unauthorized access to or alteration of User transmissions or data; (c) any matter relating to the Services, including loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website. Furthermore, Kyno Health shall not be responsible for delays or inability to access the Website, App, Services, or related services due to technical reasons or reasons beyond Kyno Health's control. Users understand and agree that any material or data downloaded or obtained through the Website is done at their own discretion and risk, and they are solely responsible for any damage to their computer systems or loss of data resulting from such downloads. These limitations, disclaimers of warranties, and exclusions apply regardless of whether damages arise from the breach of contract, breach of warranty, negligence, or any other cause of action to the extent permitted by applicable law.

15. INDEMNITY

The User agrees to indemnify and hold harmless Kyno Health, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives, and Partners from any and all claims, losses, liabilities, damages, costs (including reasonable attorney fees), arising from the User's access to or use of the Services, violation of this Agreement, or infringement by any other User using their account, of any intellectual property or other rights of any person or entity. Upon notification of such claims, losses, liabilities, or demands, Kyno Health will promptly inform the User. The User agrees to provide reasonable assistance, at their own expense, in defending against any such claims, losses, liabilities, damages, or costs.

16. APPLICABLE LAW AND DISPUTE SETTLEMENT

16.1

This Agreement and all contractual obligations between the Company and the User shall be governed by the laws of India.

16.2

Any disputes arising out of or relating to this Agreement, your use of the Website or the Services, or the information accessed through them shall be exclusively subject to the jurisdiction of the courts in Delhi, India, subject to the provisions stated above.

17. CONTACT INFORMATION GRIEVANCE OFFICER

17.1

If you have any questions about the Company, the Website, the App, this Agreement, the Services, or any related matters, please contact us at support@kynohealth.com.

17.2

In accordance with the Information Technology Act, 2000, and its rules, if you have any grievances related to the Website, the App, or the Services, including any issues or concerns regarding the processing of information, you can reach out to our Grievance Officer:

Phone: 01206056623
Email: support@kynohealth.com

We are committed to addressing your concerns promptly and effectively.

18. SEVERABILITY

If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction or arbitral tribunal under applicable law, that provision shall be deemed excluded from this Agreement. The remainder of the Agreement shall continue to be valid and enforceable as if the excluded provision did not exist. However, in such an event, the Agreement shall be interpreted in a manner that gives effect, to the greatest extent permitted by applicable law, to the meaning and intention of the excluded provision as determined by the court of competent jurisdiction or arbitral tribunal.

This ensures that the Agreement remains enforceable to the fullest extent possible under the law while respecting the decision of the court or tribunal regarding the unenforceable provision.

19. WAIVER

No provision of this Agreement shall be waived, and no breach shall be excused unless such waiver or consent is provided in writing and signed by Kyno Health. Any consent or waiver by Kyno Health regarding your breach, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

This means that any waiver or consent to a specific breach of the Agreement must be explicitly documented and signed by Kyno Health. Such action does not imply forgiveness or acceptance of any other breaches that may occur in the future. Each breach will be assessed independently, and compliance with the Agreement will be strictly enforced unless formally waived in writing by Kyno Health.