Terms and Condition for Covifind:

• This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read this Meril science COVIFIND APP consumer app end user license agreement and terms of use (the “agreement”) carefully before installing or using the COVIFIND APP consumer application as this is a legal and binding agreement between you, the user (“User” or “You”) and Meril science Discovery Solution Private Limited (“Meril science,” “we,” or “us”) (each a “party,” and collectively the “parties”). References in this agreement to the “COVIFIND APP” shall mean the Meril science COVIFIND APP mobile application (“mobile app”) and the Meril science website (“website”) intended for use by consumers and all related materials, documentation, processes, learnings, models, algorithms, software, systems, and technologies, including, without limitation, all related data management systems; and all improvements, modifications, enhancements, and derivatives of or to any of the foregoing.
• You consent, agree accept and undertake to abide and to be bound by this agreement by clicking “I agree,” downloading, registering to use, or by continuing use of the COVIFIND APP after being notified of a change to this agreement.. by downloading, installing, accessing, or using the COVIFIND APP you represent and warrant that: you are 18 years of age or older and an Indian resident you are agreeing to this agreement on your own behalf only you will not allow any other person or entity to use the COVIFIND APP under your account or registration you have read, understand, and agree that you are bound by this agreement and the Privacy Policy accessible.
• Meril science offers the COVIFIND APP on the terms set forth in this agreement. If you do not agree to this agreement in its entirety, do not use the COVIFIND APP. Your use of the COVIFIND APP is also subject to the Meril science privacy policy through the COVIFIND APP, and any other terms and conditions presented to you.
• Your Access and Use Rights. Subject to Your compliance with this agreement at all times, Meril science grants You a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable, right to download, install, access and use the mobile app and/or to access and use the website exclusively on digital devices that you own or control, for Your personal use only (and not for commercial use). If You breach or fail to comply with any provision of this agreement, you must immediately cease all use of the COVIFIND APP and immediately delete the mobile app from Your mobile devices. You acknowledge and agree that You do not acquire any title, ownership, proprietary rights, interests, or Intellectual Property Rights (as defined below) in or to the COVIFIND APP. Any goodwill derived from Intellectual Property Rights pursuant to this agreement shall inure solely to the benefit of Meril science. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Meril science.
• For purposes of this agreement, “Intellectual Property Rights” means any copyright, patent, trade secret, trade dress, trademark, rights in get-up, goodwill, rights in design, technology, artwork, computer software (including source code), database, and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereafter invented, in any part of the world. You agree to refrain from any action that would diminish or call Intellectual Property Rights into question.
• Acceptable Use and Notification of Unauthorized Use: You shall not use, and shall not permit any third party to use, the COVIFIND APP to: (a) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of any component of the COVIFIND APP ; (b) sell, rent, assign, transfer, sublicense, publish, distribute, disclose, display or otherwise commercially exploit or make available any component of the COVIFIND APP (or copies thereof) to others; (c) use the COVIFIND APP in a way that abuses, disables, interferes with, or disrupts the COVIFIND APP or any other person or technology; (d) engage in activity that is illegal, tortious, fraudulent, false, or misleading; (e) post, store or transmit through the COVIFIND APP any material that may infringe the intellectual property or other rights of third parties; (f) distribute, transmit, store viruses, worms, Trojan horses or any other malicious malware corrupted files, hoaxes or other items of a destructive or deceptive nature; (g) build or benchmark a competitive product or service, or copy any features, functions, or graphics of the COVIFIND APP ; (h) use the COVIFIND APP on any device You do not own or control; (i) use the COVIFIND APP , Content (as defined below), Data (as defined below), or any other data or information available in connection with the COVIFIND APP in violation of any law, rule or regulation; or (j) upload, download, email, transmit, store, or otherwise make available any data that is unlawful, harmful, invasive of another’s privacy, or otherwise objectionable.
• You shall notify Meril science immediately if You become aware of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the COVIFIND APP. In the event it is determined You no longer require access to the COVIFIND APP, You must immediately discontinue use of and uninstall the COVIFIND APP
• Grant of Rights to Meril science. You hereby consent and grant to Meril science a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, right and license to access, use, disclose, copy, distribute, reproduce, modify, adapt, publish, translate, transform, display, and commercialize the data submitted, input or uploaded by You into the COVIFIND APP and all data pertaining to You within the COVIFIND APP (collectively, the “Data”) for the following purposes: (a) to operate the COVIFIND APP , including, without limitation, to perform all of its features and functions, which may include, data sharing enabled by the COVIFIND APP including facilitating the sharing of information such as your personal information like your full name, gender, date of birth, phone number, full address, email address, identification number and other personal information including information related to Covid-19 tests and results; (b)to de-identify, pseudonymize, aggregate and/or anonymize information to comply with our legal obligations as the manufacturer of the COVIFIND APP System. (c) to disclose your personal information in order to respond to authorized information requests from government authorities, ii. to address national security situations, or when otherwise required by law or iii. when requested by state and central governmental authorities or related entities to assist in efforts to track COVID-19 infections or v. where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notice. (d) to further develop and improve the COVIFIND APP and other of Meril science’s products and services; (e) to monitor the performance of the COVIFIND APP ; and (f) to aggregate, or de-identify the Data and then use, share, and commercialize the aggregated, or de-identified output for any business purpose as determined by Meril science in its sole discretion, including, without limitation, to build models, algorithms, learnings or intelligence and services.
• You further understand and agree that the COVIFIND APP is not intended as a storage repository for Data. Meril science has no responsibility or liability for any loss of Data.
• Medical Advice Disclaimer. You expressly acknowledge and agree that the COVIFIND APP does not constitute and does not provide any medical advice, and is not intended to replace consultation with a licensed healthcare professional for the diagnosis, cure, mitigation, treatment, or prevention of any disease, injury, or other condition. If medical or other expert assistance is required, the services of a competent medical professional should be sought. You and your provider or other medical professional are solely responsible for communicating your testing status and other related information, providing feedback, and discussing or recommending any testing or treatment options. You assume all responsibilities and obligations with respect to any decisions made or advice given as a result of the selection and your use of the COVIFIND APP.
• Additional Disclaimers. Meril science, its affiliates, its licensors, and its service providers disclaim any and all liability and responsibility for the availability, accuracy, legality, and quality of: (i) the COVIFIND APP and information available therein; (ii) data; and (iii) any covid-19 testing or results. You expressly acknowledge and agree that your use of the COVIFIND APP and information available therein such as providing your personal information like full name, identity proof details, health records, etc /non-personal information and/or any other information, and data is at your sole risk and the entire risk as to satisfactory quality, performance, accuracy, and effort lies with you. In no event will Meril science, its affiliates, its licensors, or its service providers be liable to you for any losses resulting from mistakes, omissions, or delays related to the COVIFIND APP and information available therein, or data. Meril science, its affiliates, its licensors, and its service providers make no representation, warranty, or covenant, express or implied, as to the accuracy, completeness, or timeliness of:
  • COVIFIND APP and information available therein;
  • Data;
  • Covid-19 testing or result
• To the maximum extent permitted by applicable law, Meril science, its affiliates, its licensors, and its service providers make available the COVIFIND APP, information available therein, its services and data on an “as is” and “as available” basis, with all faults and defects and without any other warranty of any kind, and hereby disclaim any and all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose and quality, and of lack of viruses. No oral or written information or advice given by Meril science or a Meril science authorized representative shall create a warranty. To the fullest extent permitted by law, COVIFIND APP disclaims all liability arising out of Your use or reliance upon COVIFIND APP, the services, and representations made by other users or any content or information provided by You or the Users on COVIFIND APP. Meril science, its affiliates, its licensors, and its service providers do not guarantee that the functions contained in the COVIFIND APP will meet your requirements or that its operation will be uninterrupted or error-free. to the extent that applicable law requires Meril science, its affiliates, its licensors, or its service providers to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.
• Where You choose to share or print data, including, without limitation, health-related information, with third parties, you acknowledge and agree that Meril science, its affiliates, its licensors, and its service providers are not responsible for your decision to share or print data, including, without limitation, health-related information. You hereby release Meril science, its affiliates, its licensors, and its service providers from any and all liability that may arise from such sharing or printing.
• The COVIFIND APP does not include the purchase or provision of or right to use any covid-19 test (including, without limitation, the Covifind test). We do not undertake any obligations and shall have no liability under this agreement with respect thereto.
• Liability. You are solely responsible and liable for the decisions You make with respect to covid-19, safety precautions, and reliance on the information displayed through the COVIFIND APP. Meril science, its affiliates, and its and their respective officers, directors, employees, agents, successors, assignees and licensors are not responsible or liable in any manner for your reliance on the information made available through the COVIFIND APP. the use of the COVIFIND APP and reliance on the information available through or from the COVIFIND APP are not substitutes for and should be used only in accordance with applicable health guidelines, such as those published by the ICMR and CDSCO.
• Limitation of Liability. notwithstanding any losses that You may incur and to the maximum extent permitted by law, the entire liability of Meril science, its affiliates, and its and their respective officers, directors, employees, agents, successors, assignees and licensors, under any provision of this agreement, or otherwise connected to this agreement, and your sole and exclusive remedies for all of the foregoing shall be limited to either the fixing, repair or other rectification of any faults within the COVIFIND APP , even if any such loss was foreseeable or contemplated by the parties, or where applicable, the amount actually paid by You to Meril science for COVIFIND APP To the maximum extent permitted by applicable law, in no event shall Meril science, its affiliates, and its and their licensors or service providers be liable for monetary damages, including, without limitation, any special, incidental, indirect, exemplary, punitive, or consequential costs, losses, damages, penalties, charges, or expenses whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the COVIFIND APP or data or information available or submitted therein, for loss from any viruses or other technologically harmful material that may infect your device due to you downloading the COVIFIND APP , or otherwise in connection with any provision of this agreement, even if Meril science, its affiliates, or its or their licensors or service providers have been advised of the possibility of such damages, and even if the remedy fails its essential purpose. You are solely responsible for implementing back-up plans and safeguards necessary to appropriately address your needs in the event that an error in the COVIFIND APP causes device problems or data losses.
• You agree to indemnify, defend and hold harmless Meril science, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors from and against any and all claims, demands, liabilities, damages, losses, fines, costs and expenses (including, without limitation, lawyers’ and experts’ fees) arising out of or related to: (a) Your violation of any provision of this Agreement; law, rules, or regulations; or any third party rights; (b) Your breach of warranties, representations and obligations under this Agreement; (c) Your use (including, without limitation, Your export or import) of the COVIFIND APP or any information available therein; (c) Data including your personal information; or (d) Your acts or omissions. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the COVIFIND APP.
• Intellectual Property Rights. You acknowledge and agree that Meril science or its licensors own all legal right, title and interest in and to all aspects of the COVIFIND APP , and any improved, updated, upgraded, modified, customized, or additional parts thereof, including, but not limited to, graphics, user interface, scripts and software used to implement the COVIFIND APP , and any software or documents provided to You as part of or in connection with the COVIFIND APP , including, without limitation, all Intellectual Property Rights that exist therein, whether registered or not, and wherever in the world they may exist.
• All content and materials that comprise the COVIFIND APP, including, without limitation, the COVIFIND APP design, text, graphics, photographs, illustrations, images, icons, and other materials, and information (collectively, the “Content”), are protected by copyright under U.S. and international copyright laws and treaties, and are the exclusive property of Meril science (including, without limitation, any Intellectual Property Rights therein). You shall not remove any product identification, copyright notices, or proprietary restrictions. No portion of the COVIFIND APP may be reproduced in any form or by any means, except as expressly permitted in this agreement. Any unauthorized copying of the COVIFIND APP or failure to comply with any of the terms of this Agreement will result in automatic termination of this agreement and You agree that it will constitute immediate and irreparable harm to Meril science, its affiliates, its licensors, and its service providers for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy.
• All trademarks, service marks, trade names, trade dress, and products displayed on the COVIFIND APP are protected in INDIA and internationally and/ are either owned or used under license by Meril science. The unauthorized use of any Meril science trademark is strictly prohibited, and nothing contained herein or on the COVIFIND APP may be construed as granting, by implication, estoppels, or otherwise, any right or license to use any trademark.
• All structure, organization, and code of the COVIFIND APP are the valuable trade secrets and confidential information of Meril science or its licensors.
• Feedback. Any submissions by You (e.g., comments, questions, suggestions, materials – collectively, through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest to Meril science, and Meril science is free to use, without any notice, attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property, Intellectual Property Rights, and proprietary rights contained or embodied in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Meril science is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution
• Updates. Meril science may from time to time in its sole discretion develop and provide updates to the COVIFIND APP, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Meril science has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the COVIFIND APP or portions thereof may not properly operate should You fail to do so.
• Modification or Suspension. Meril science reserves the right to modify, suspend, or discontinue, temporarily or permanently, the COVIFIND APP or any service to which it connects, with or without notice and without liability to You.
• Confidentiality. COVIFIND APP understands the sensitivity and confidentiality of the data it procures to comply with its necessary procedures. Therefore, You shall hold Meril science’s Confidential Information in confidence and shall not disclose Confidential Information to any third party without Meril science’s prior written consent. “Confidential Information” means any information disclosed by Meril science that is not generally known to the public or, by its nature, should be reasonably considered confidential. You acknowledge and agree that a breach of this clause would cause irreparable harm and that Meril science shall be entitled to seek equitable relief from such breach.
• Termination. Meril science has the right to suspend or terminate Your access to the COVIFIND APP, the information available therein, and Data immediately and without notice, and Meril science may terminate this agreement at any time if: (a) You breach any provision of this agreement; (b) Meril science elects at its discretion to cease providing access to the COVIFIND APP, the information available therein, or Data; or (c) in other circumstances and for other reasons determined by Meril science in its sole discretion.
• Upon termination of Your access to the COVIFIND APP, all rights granted under this agreement, including, without limitation, any licenses, shall cease, You must immediately cease all activities authorized by the agreement and You will no longer be able to use or access the COVIFIND APP, any information available therein, or Data. All data and materials, including, without limitation, Data, may be irretrievably deleted by Meril science.
• Links to Other Sites from the App; Third-Party Materials and Products. Because Meril science has no control over and does not endorse, adopt, approve of, or recommend any third-party, non- Meril science websites or apps, or of any information, graphics, materials, products, or services referred to or contained in such non- Meril science websites or apps to which the content may be linked, You agree that Your access to such other websites or apps is at Your own risk. Any links to these non- Meril science websites or apps are provided for convenience only and may not remain current or be maintained. Unless otherwise stated in this agreement, all ownership and Intellectual Property Rights in and to non- Meril science websites and apps and the use of them is governed by separate third party terms between You and the third party. Meril science accepts no liability for anything associated with third-party websites or apps, the content on any third-party apps or websites, or a third party’s privacy practices.
• Portions of the COVIFIND APP may include material provided by third parties, in which Intellectual Property Rights subsist (“Third Party Materials”). The licensors of such Third-Party Materials retain all of their respective right, title, and interest in and to such Third-Party Materials.
• The COVIFIND APP may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open-Source Components”). Although the COVIFIND APP is provided to You subject to this agreement, nothing in this agreement will be deemed to prevent, restrict, or otherwise prevent or restrict You from separately obtaining and using such Open-Source Components under the applicable third-party licenses or to limit Your use of such Open-Source Components thereunder.
• You acknowledge and agree that you will be using the COVIFIND app in connection with products and services provided by third parties that are not provided by Meril science and for which Meril science, its affiliates, and its and their licensors and service providers have no responsibility and liability, including but not limited to, your mobile device. You are responsible for obtaining, maintaining, and paying for all software, hardware, telecommunications, and other supplies or services not provided by Meril science that are needed to receive, access, or use the COVIFIND App, the information available therein, and data.
• Governing Law and Venue This agreement shall be governed by the laws of India without regard to its conflict of law principles to the contrary. The courts of Pune shall have the Jurisdiction. By using COVIFIND APP or enquiring about products, You consent to the governing laws, jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this agreement. You hereby waive any right to trial by jury arising out of this agreement and any related documents.
• Claim Period: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the COVIFIND APP or Products or this agreement must be filed within two (02) months after such claim or cause of action arose or be forever barred.
• Export Law. The COVIFIND APP is subject to INDIA export controls, restrictions, including any INDIA embargoes or other rules and regulations restricting exports. Unless in compliance with applicable law, You shall not export the COVIFIND APP under any circumstances whatsoever. It is Your obligation to obtain any required authorization and/or approval from any governmental authority as may be necessary to export or import the COVIFIND APP.
• Severability. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this agreement will remain in full force and effect.
• Entire Agreement, Order of Precedence and Modifications or Amendments. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings of the parties, whether written or oral, with respect to the subject matter. Any pre-printed or other standard terms set forth on any customer order, acknowledgment or other form shall be deemed void and of no force or effect. This agreement may be updated by Meril science from time to time, by notifying You of such changes by reasonable means, including, without limitation, by displaying a revised agreement in the COVIFIND APP.
• Force Majeure. Meril science shall not be liable for failure of delay in performing obligations set forth in this agreement, nor shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any other causes reasonably beyond the control of Meril science.
• Assignment. This agreement may not be assigned by You without the prior written consent of Meril science. Any purported assignment in violation of this Section shall be void.
• No Agency. Nothing contained in this agreement will be construed as creating any agency, partnership, employment, or other form of joint enterprise between You and Meril science.
• Headings. This agreement contains headings only for convenience and the headings do not constitute or form any part of this agreement and should not be used in the construction of this agreement.