1. Welcome to Surecheckup
1.1. Welcome to the surecheckup website. The following terms and conditions (hereinafter referred to as “Terms and Conditions”) form part of the agreement between you and Brainzome Technolabs (hereinafter referred to as “Surecheckup”, “we”, “our” or “us”), the operator of a platform that gives you, (hereinafter referred to as “you”, “your” or “User”), access to our free health companion. Our health companion offers many features such as the following: symptom checker together with personalized health information, symptom tracking functionality, and access to our medical database (“Medical Library”) powered by Surecheckup’s unique artificial intelligence system.
1.2. The health companion is available as an app for free download via your mobile device (hereinafter called the “Surecheckup App”), and (when and where available) via our web-based application (hereinafter called the “Website”). The Website and the Surecheckup App, including any software or other technology the Website and the Surecheckup App are respectively based upon, are hereinafter called the “Surecheckup Platform”.
PLEASE NOTE THAT THE SURECHECKUP PLATFORM DOES NOT MAKE ANY MEDICAL DIAGNOSES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD IN THE SURECHECKUP PLATFORM.
1.3. The Surecheckup Platform is operated by Brainzome Technolabs, a firm founded in India and registered under The Indian Partnership Act, 1932 (commercial register number GUJBVN00939, with its registered office at 144, Aradhana Soc, Bharatnagar, Bhavnagar, India.)
1.4. If you wish to contact us, please email our Customer Service team at hello@Surecheckup.com.
1.5. You must be at least 16 years old if you wish to use the Surecheckup Platform. If you are under 18 years old, usage of the Surecheckup Platform and your agreement to these Terms and Conditions require the consent of your legal guardian.
1.6. Your use of the full functionality of the Surecheckup Platform requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the Surecheckup Platform.
1.7. Contract languages are English and Hindi.
2. The legal relationship between you and Surecheckup
2.2. You may only set up a User account on the Surecheckup Platform if you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not create a User account on the Surecheckup Platform.
3. Information we collect about you
3.2 You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.
4. The Surecheckup Platform
4.1 The Surecheckup Platform offers Users the opportunity to find out what might potentially be causing their respective health issues. The Surecheckup Platform compares the User’s health issues with scientifically adopted signs & symptoms of various diseases with having similar or nearby similar presentation, and suggests possible causes for the given symptoms (hereinafter referred to as the “Symptoms checker”).
4.2. The Website and Surecheckup App are provided free of charge, and you are allowed to run an unlimited number of self-assessments through Symptoms checker.
4.3. Please be aware that we provide the Surecheckup Platform solely for information purposes. It is not a medical consultation. The Surecheckup Platform is not a suitable substitute for medical advice obtained from your doctor, general practitioner or other health service provider.
4.4. The Surecheckup Platform does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional (such as a general practitioner).
4.5. Ultimately, if you do have any medical issues related to the information that you entered into the Surecheckup Platform, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.
5. Creating a User account
5.1. Before using the Surecheckup App, you will first need an Apple ID or a Google account. You can then download the Surecheckup App from the Apple App Store or Google Play Store (hereinafter referred to, either individually or collectively, as “App Store”) to your mobile device or tablet. You may also be able to access the Surecheckup Platform directly via the web-based application.
5.2. After downloading the Surecheckup App (or accessing the web-based application on our Website) you can register with the Surecheckup Platform by setting up a User account with a username and password (hereinafter referred to as “User Account”). Registration constitutes a binding offer of the User to be bound by these Terms and Conditions. We may (but are not obliged to) accept this offer by enabling access to the Surecheckup Platform for the first time via the User Account. We will send you confirmation of registration electronically.
5.3 We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.
5.4 We advise our Users to only use ‘strong’ passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, both upper- and lower-case letters, and symbols). When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information later on, you declare that you will promptly notify us of such changes by updating the information.
5.6. You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing legal@Surecheckup.com.
6. Your right to use the Surecheckup Platform
6.2. We grant you the right to personally access and use the Surecheckup Platform. You are prohibited to transfer this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the Surecheckup Platform does not preclude us granting other persons the right to access the Surecheckup Platform.
6.3. Your right to use the name “Surecheckup” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.
6.5. As the User, unless such behaviours are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the Surecheckup Platform in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:
6.7. You are aware that we, and/or the persons who have granted us a licence in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding the Surecheckup Platform.
7. Your use of the Surecheckup Platform
7.1. In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of the Surecheckup Platform (hereinafter referred to as “Regulations”).
7.2. The following is a list of activities that are prohibited in the context of using the Surecheckup Platform. You are prohibited to:
7.3. The non-compliance with the Regulations listed in paragraph 7.2 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:
7.4. The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 7.3, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.
8. Termination of our contractual relationship
8.2. You are entitled to stop using the Surecheckup Platform at any time and to terminate your agreement with Surecheckup, including if you do not agree with the changes to the Surecheckup Platform or these Terms and Conditions we proposed. Please follow the instructions on the Surecheckup Platform to deactivate your User Account. If you access the Surecheckup Platform via the Surecheckup App, you can delete your User Account via the settings menu.
8.3. If we choose to terminate your agreement with us we will provide you with two weeks‘ notice.
8.4 Either party’s right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions (in particular paragraph 7.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to the Surecheckup Platform, without any notice, and provided that no other less severe measure is effective.
9. Our promise to you
9.1. Any information on the symptoms stated by you that is made available to you in text form via the Surecheckup Platform – as a statement made, or by inference, as defined in “ITA-2000”– is for information purposes only. The information is made available by Surecheckup as is, without warranty, guarantee or representation of any kind.
9.2. You should not take any action based on the information provided in the Surecheckup Platform without consulting a doctor or other medical professional first.
9.3. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the Surecheckup Platform at all times without any interruption and without delay or faults, and that the Surecheckup Platform will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the Surecheckup Platform in these present Terms and Conditions. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of the Surecheckup Platform existing at the time the agreement on the use of the Surecheckup Platform between you and us was concluded.
9.4. Should you incur any damage through the use of the Surecheckup Platform, we may only be held liable for intent and gross negligence. We may furthermore be held liable for the negligent breach of material contractual obligations, which must be met in order for this agreement to even be properly executed, and the violation of which will jeopardise the purpose of the agreement and which you, the User, should in regular cases be able to trust will be fulfilled. In the latter case, we may however only be held liable for calculable damages. We may not be held liable for violation by simple negligence of any obligations other than those specified in the preceding sentences. The foregoing exclusions of liability do not apply to violations causing death or personal injury and any liability under the Consumer Protection Act, 2019.
10. Third-party services
10.1. If, and to the extent that, our Surecheckup Platform contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.
10.2. We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.
10.3. You understand that the availability of the Surecheckup App is dependent on the third-party where you downloaded the Surecheckup App (the App Store). You are aware that these Terms and Conditions apply to the contractual relationship between you and Surecheckup, not to your contractual relationship with the App Store.
11. Surecheckup Platform updates
11.1. We are constantly updating and improving the Surecheckup Platform. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.
11.2. We reserve the right to change a specific aspect of a specific feature by updating the Surecheckup Platform, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on the Surecheckup Platform. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 12.3.).
11.3. Updates may be released from time to time by us or via the App Store where you downloaded the Surecheckup App. From time to time, to be able to use the Surecheckup Platform, it may be necessary for you to update third-party software.
12. Changes to these Terms and Conditions
12.1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our Website (Surecheckup.com).
12.2. Any changes to these Terms and Conditions will usually be the result of new features being added to the Surecheckup Platform, or of changes in the legislation or applicable Regulations.
12.3. We will contact you to notify you of any changes or additions to these Terms and Conditions and the documents referred to in these Terms and Conditions at least 30 calendar days before any changes or additions to these Terms and Conditions take effect. If you do not object within 30 days of receipt of notice, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the Terms and Conditions. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the Surecheckup Platform, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected.
13. Documents governing the contractual relationship between you and us
The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.
14. Applicable legislation and jurisdiction
14.1. Our headquarters are located in India. The agreement concluded on the basis of these Terms and Conditions is subject to the laws of the Republic of India. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader:
and the agreement falls within the scope of such activities.
14.2. The courts of India have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the Surecheckup Platform.
15.1. You consent to us communicating with you by electronic means (such as by email or other form of text as defined in “ITA-2000”).
15.2. We may send you notices electronically to the email address you provided at the time you signed up for the Surecheckup Platform, or via other electronic means on the Surecheckup Platform when available.
15.3. The failure to enforce our rights must not be construed as a waiver of such rights.
15.4. Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.
15.5. Only the contracting party itself has the right to enforce contractual provisions.
If you would like to contact us in regard to the present Terms and Conditions or any other document mentioned in them, please email us at legal@Surecheckup.com.