Effective Date: October 26, 2023
Websites owned and operated by QuaintQuarters Ventures Pvt Ltd (the "Company"):
These Terms and Conditions of Use ("Terms of Use") govern Your behavior and lay down parameters for the use of the services made available at Websites (the "Platform"). The Platform is available for Your use only on the condition that You agree to the terms of use set forth below. If You do not agree to all of the terms of use, do not access or use the Platform. By accessing or using the Platform, You (hereinafter 'You' or 'Your') signify Your agreement to be bound by the Terms of Use.
1.1. This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder.
1.2. Eligibility: You must be competent to enter into a legally binding agreement(s) under the Indian Contract Act, 1872 and applicable law. The Platform is intended for medical, nursing, and paramedical students or qualified healthcare professionals.
1.3. Personal Use: Services are provided for Your personal, non-commercial use only.
2.1. Teaching Aid Only: OSCEpal provides AI-based educational guidance and simulations. It is a teaching aid and NOT a medical practice tool.
2.2. Not Medical Practice: The Company is not a healthcare provider. The AI output does not constitute medical advice, diagnosis, or treatment. It must not be used for direct patient management.
2.3. AI Pitfalls & Hallucinations: You explicitly acknowledge that AI models can "hallucinate" (generate confident but false information), provide outdated clinical data, or lack the nuance required for medical practice.
2.4. Mandatory Verification: All information, especially drug dosages and clinical protocols, must be double-verified against authentic textbooks (e.g., Harrison's, Bailey & Love), official institutional guidelines, relevant regulatory guidelines and laws of India, as applicable. Use the service at Your own risk.
3.1. Registration: You are responsible for maintaining the confidentiality of your login credentials.
3.2. No Sharing: Sharing Your account with others is strictly prohibited and will result in immediate termination without refund.
3.3. KYC: The Company reserves the right to initiate Know Your Customer ("KYC") procedures, including requesting ID proof, to validate Your eligibility and prevent account misuse.
4.1. Fees: Access to certain features requires a paid subscription. All fees are inclusive of applicable taxes under the laws of India.
4.2. Payment Failures: The Company is not responsible for failures at the bank or payment gateway level.
5.1. Compatibility: It is Your responsibility to ensure Your device meets the minimum specifications for the Platform.
5.2. Service Disruptions: The Company does not warrant uninterrupted or error-free operation. We are not liable for disruptions caused by internet connectivity, ISP issues, or device-specific hardware limitations.
6.1. No Redistribution: You are prohibited from recording, screen-capturing, or distributing any content from the Platform on social media or other public forums.
6.2. Fair Usage: The Company monitors usage patterns. Suspiciously high activity may lead to account scrutiny and automatic blocking to prevent "account sharing."
7.1. Any and all intellectual property rights ("Intellectual Property") associated with the website, the Platform and their contents (the "Content") are the sole property of the Company, its affiliates or third parties. The Content is protected by intellectual property and other laws both in India and other countries. Elements of the website and the Platform are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the website and/or the Platform are trademarks, service marks or trade name ("Marks") of the Company, its affiliates or other entities that have granted the Company the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of Company. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without Company's prior written permission or that of an appropriate third party. Except as expressly provided herein, Company does not grant to You any express or implied rights to the Intellectual Property of Company or that of any third party.
7.2. Company hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the website, the Platform content and services only in the manner presented by Company, and (b) access and use Company's services offered within the Website and the Platform (the "Company's Systems") only in the manner expressly permitted by Company. Except for this limited license, Company does not convey any interest in or to the Company Systems, information or data available via the Company's Systems (the "Information"), content, services, Website, the Platform or any other Company's property by permitting You to access the website and the Platform. Except to the extent required by law or as expressly provided herein, none of the content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way unless expressly permitted to do so by Company.
8.1. Company may revise and update these Terms of Use at any time. Your continued usage of the website and the Platform after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the website and the Platform may be changed, supplemented, deleted or updated without notice, at the sole discretion of Company. Company may also change or impose fees for products and services provided through the website and/or the Platform at any time, at its sole discretion. Company may establish or change, at any time, general practices and restrictions concerning other Company's products and services at its sole discretion.
9.1. Outbound Links. The website and/or the Platform may contain links to third-party website and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by the Company of the content of such Linked Sites. Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Company shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
9.2. Inbound Links. Linking to any page of the website other than to https://oscepal.sarvatra-ai.in/ through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Company. Any website or other devices that links to https://oscepal.sarvatra-ai.in/ or any page available therein is prohibited from:
9.2.1. replicating content of the Platform and the website,
9.2.2. using a browser or border environment around the Platform and the website,
9.2.3. implying in any fashion that Company or any of its affiliates endorse it or its products,
9.2.4. misrepresenting any state of facts, including its relationship with Company or any of the Company's affiliates,
9.2.5. presenting false information about Company's products or services, and
9.2.6. using any logo or mark of Company's or any of its affiliates, without express written permission from Company.
10.1. In addition to other restrictions set forth in these Terms of Use, You agree that:
10.1.1. You shall not disguise the origin of information transmitted through the website and the Platform.
10.1.2. You will not place false or misleading information on the website and the Platform.
10.1.3. You will not use or access any service, information, application or software available via the website and the Platform in a manner not expressly permitted by Company.
10.1.4. You will not input or upload to the website and the Platform any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the website or information or that infringes the intellectual property rights of another.
10.1.5. Certain areas of the website and the Platform are restricted to customers of Company.
10.1.6. You may not use or access the website and Platform provided by the Company in any way that, in Company's judgement, adversely affects the performance or function of the Company, its services or the website or the Platform or interferes with the ability of authorised parties to access the services or the website or the Platform.
10.1.7. You may not frame or utilise framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of Company.
11.1. To the extent permitted by law, in no event shall Company, its affiliates, licensors, suppliers or any third parties mentioned at the website and the Platform be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the Platform, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not Company is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for You in these terms of use are exclusive and are limited to those expressly provided for herein.
11.2. You agree to indemnify and hold the Company harmless from any claims or lawsuits arising from Your misuse of the tool for actual medical practice or Your violation of these terms.
12.1. Company makes no representations about the results to be obtained from using the website, the Platform, the services, the information or the content. The use of same is at Your own risk. The website, the Platform, the information, the services and the content are provided on an "As is" basis. Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. Company and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website and/or the Platform. No information obtained by You from the website and the Platform shall create any warranty not expressly stated by Company in these terms of use.
13.1. You agree that Company, at its sole discretion, may terminate or suspend Your use of the website, services and the Platform at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue Your use of the website and the Platform, and (b) destroy any copies You may have made of any portion of the content, website and the Platform. Accessing the website, services or the Platform after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that the Company shall not be liable to You or to any third party for any termination or suspension of Your access to the website, the services and/or the Platform.
14.1. You agree to use the Platform in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of Company, negatively reflect on the goodwill or reputation of the Company and You shall take no action which might cause Company to be in breach of any laws, rulings or regulations applicable to Company.
14.2. Company and the Platform are based in India. India, the United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the content (including any software or the services) of the Platform to countries or persons prohibited under India or other applicable export control laws or regulations. If You access and download the content (including any software or the services) of the Platform, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the content (including any software or the services) of the Platform.
15.1. To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Pune, India will have jurisdiction.
In addition to other restrictions set forth in these Terms of Use, You agree that:
16.1. You shall not use, attempt to use, or assist anyone to use or attempt to use, any of the information available on website, Platform or any of applications, software, services or work products, to develop or train any machine learning models or related technology;
16.2. You shall not, use, attempt to use, or assist anyone to use or attempt to use, any robot/ bot, spider, scraper, code, or any other tool, algorithm, process or methodology to access, monitor, mirror, index, or use the website, Platform or any of its content;
16.3. You shall not, use, attempt to use, or assist anyone to use or attempt to use, any form of generative artificial intelligence or other artificial intelligence and machine learning models, algorithms, software, or other tools to use, access, index, modify, reverse engineer, or create derivative works, compilations, or collected works, from any of data or content found on or accessed through the Platform or any of applications, software, services or work products; and/or
16.4. You shall not, attempt to or assist anyone to attempt to reverse engineer, decompile or discover the source code or underlying components of our website, Platform, application, software or any other of our services, including our models, algorithms, or systems.
17.1. You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.
BY PROCEEDING TO USE THE PLATFORM, YOU AGREE THAT THIS IS A TEACHING AID ONLY AND YOU ACCEPT FULL RESPONSIBILITY FOR VERIFYING ALL AI-GENERATED INFORMATION.