Welcome to RoundGlass Reach.
RoundGlass LLC (“RoundGlass”) provides our website located at https://round.glass/reach/(the “Site”) and our wellbeing services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.
Agreement to the Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through some other means of communication. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
Unless otherwise stated, the services featured on Reach are only available within India, or in relation to postings from India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the program for a particular purpose of any downloads and text available through Reach. Redistribution or republication of any part of this Reach or its content is prohibited, including such by framing or other similar or any other means. Those who use Reach from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable India and local laws. You may not use Reach if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on Reach are solely directed to individuals, companies, or other entities located in India.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App or the Site or through your account with certain third-party social networking services including but not limited to platforms such as Collective , Facebook, Google etc.(each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
Via the Services, users can select from a variety of options to create customized wellbeing experiences and access various healthcare services. On payment of such fees as may be indicated, you can also utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below. Some Services are only available on payment of such fee as will be indicated.
You understand and agree that the Services, Products and any other information you learn from RoundGlass are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. You understand and agree that some of the Services the App are for informational purposes only. Before beginning or using any Service related to any physical activity, we strongly recommend that you consult with your physician. It is your concern to evaluate your own medical and physical condition and to individually decide whether to use or act upon the information received through use of the Services. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Service Specific Terms
MENTAL HEALTH COACHING
Mental Health Coaching is a Service, as provided by us on our APP. The Service focuses on the user’s present issues with a goal of helping them gain clarity in vision, eliminate obstacles to success, provide support and guidance in personal growth and channelize them to take up a healthy lifestyle. A mental health coach can focus on areas of life like stress management, building relationship skills, creating work life balance etc. If it appears that there is an issue for which one may need counselling, the coach will suggest it.
DISCLAIMER FOR USING MENTAL HEALTH COACHING
- We only provides ‘Mental Health Coaching’ as specifically provided herein and dp not provide any services that can be qualified as ‘therapy’ or ‘counselling’ as specified under the Mental Healthcare Act 2017.
- Our coaches can only aid users in reaching their personal, emotional and relationship goals and do not provide a cure to mental illnesses.
- We do not deal with users showing signs of Psychosis, suicidal tendency, mental retardation and any situation wherein user expresses self-harm or harm to others.
- We do not deal with users having severe mental illnesses defined as a mental, behavioral, or emotional disorder resulting in serious functional impairment, which substantially interferes with or limits one or more major life activities.
- Will not conduct clinical assessments
- We do not deal with identifiable dysfunctions in a person
- We do not analyze and treat origins and historical roots of negative self-beliefs.
- We do not record session or take detailed notes without permission.
- We do not provide long lasting mental health issues and long-term therapy
- We do not work on user’s mental illness in any manner whatsoever
The App and Services do not deal with medical or psychological emergencies. We are not designed to offer support in crisis situations. In these cases, in-person medical intervention is the most appropriate form of help. In the event of any distress request you to kindly contact a distress helpline number available to you in the public domain.
- The obligations in this section are in addition to the other obligations in these Terms.
- The Services may enable you to book an appointment and avail consultation over video-conferencing with a registered medical practitioner (“Teleconsulation Service”).
- To enable Teleconsultation Service the Services will provide you details about the various medical practitioners who are registered with RoundGlass to provide the Teleconsultation Service (“Registered Medical Practitioners”) but you are ultimately responsible for choosing the Registered Medical Practitioners.
- You hereby also confirm that at the time of availing such the Teleconsultation Service you are residing within India.
- The results of any search you perform in order to avail the Teleconsultation Services, including displaying the ranking /feedback/testimonials of Registered Medical Practitioners should not be construed as an endorsement by us of any such particular Registered Medical Practitioner.
- While we will use our best efforts to ensure that only Registered Medical Practitioners provide Teleconsultation Services, however, we request you to exercise care and discretion before deciding to obtain Teleconsultation Service. We are not liable for any incorrect or misleading details provided by the Registered Medical Practitioners. While using the Teleconsultation Services you can use the available features and exercise your judgment to verify the identity of the Registered Medical Practitioner.
- Please note that the Services are merely a platform for enabling the Teleconsultation Service and we do not recommend, promote, suggest or endorse any particular medical practitioner, procedures, opinions, protocols, treatment or other Information that is available on its platform. You agree that selection of content via use of our Teleconsultation Services is at your sole discretion and is not based on any representations or recommendations by RoundGlass, and is therefore, your sole and exclusive responsibility.
- We do not provide any healthcare or medical advice or services related to diagnosis and hence, shall not be responsible for any outcome pursuant to use of Teleconsultation Services. You use the Telecommunication Services at your own risk.
- It’s important that you understand and agree that any interaction through use of the Teleconsultation Service will strictly be between you and the Registered Medical Practitioner, and will be subject to the applicable doctor-patient confidentiality. We are not liable or responsible for any such interactions or any outcome of such interactions.
- We will not be responsible for any breach of service or service deficiency or non-satisfactory service by any Registered Medical Practitioner. We cannot assure nor guarantee the ability or intent of the Registered Medical Practitioners to fulfill their obligations towards you. The Teleconsultation Service will be provided based on your general medical condition and subject to laws, rules, regulations, code of conduct applicable to the Registered Medical Practitioner and they may offer consultation based on their professional judgement.
- Any advice or opinions relating to medication, procedures, diagnosis, treatment, etc., is provided to you by the Registered Medical Practitioner in his capacity as a qualified practitioner and any use of such advice or opinions by you should be made exercising independent judgment.
- You should also understand that the Teleconsultation Service does not involve physical examination. By using the Teleconsultation Service, you imply knowledge of this limitation and assume the complete risk of this limitation. You should also recognise that Teleconsultation Service cannot be used as substitute for treatment which needs physical examination.
- We are not liable for actions or inactions on the part of Registered Medical Practitioners including any prescription of incorrect medication or dose or any inadequacy in the quality of the treatment provided to you during use of Teleconsultation Service or any inconvenience suffered by you owing to a failure on the part of the Registered Medical Practitioner to provide the agreed services to you or any incorrect findings made in a diagnosis or in carrying out medical examinations including for any gross negligence on the part of Registered Medical Practitioner.
Payment and Cancellation Policy
- You will be required to pay a consultation fee in advance of availing the Teleconsultation Service. Please see our section titled “Purchases” below for more information on payment.
- Via the Teleconsultation Service you can book an appointment with a Registered Medical Practitioners. Please note that we do not guarantee an appointment and have no liability if such confirmed appointment is later cancelled by the concerned medical practitioner or his office, or if the concerned medical practitioners are not available as per the given appointment time.
- You can cancel the teleconsultation any time prior to three hours from the time of consultation. In the event, the Registered Medical Practitioners does not join the teleconsultation within a 15-minute wait period from the scheduled time of consultation, without any prior intimation, you’ll have the option to cancel the teleconsultation appointment. If you cancel the teleconsultation appointment, your consultation fee will be refunded. Your consultation fee will however not be refunded where you fail to join the teleconsultation within 5 minutes of the scheduled time. If you cancel a confirmed appointment, you’ll be charged a cancellation fee @ 5%of the consultation fee or as may be specified by RoundGlass from time to time.
- We will not be responsible for any cancellation of the appointment made through our Services by you and you should do it yourself.
- The payment receipt for completion of a transaction shall be provided by the respective Registered Medical Practitioners and the transaction summary shall be provided by the RoundGlass, the payment receipt and transaction summary shall be made available on the App and also sent to your registered email address. RoundGlass collects payment on behalf of the respective Registered Medical Practitioners, and eventually settles the same.
- Except to the extent otherwise required by applicable law, the RoundGlass is not liable for any payments authorized through the App using Your Payment Details. Particularly, RoundGlass is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the RoundGlass with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the RoundGlass’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.
Search and Appointment Scheduling
- The Services will enable you to search for and provide details about the medical practitioners or healthcare providers , who is registered on other apps/services which are owned/operated by RoundGlass but you are ultimately responsible for choosing your own medical practitioner or healthcare provider
- The results of any search you perform through the use of the Services for medical practitioners or healthcare provider including, ranking /feed backs/Testimonials of medical practitioner should not be construed as an endorsement by RoundGlass of any such particular medical practitioner.
- We will use our best efforts to verify the authenticity of the medical practitioners or healthcare providers. However, we shall not be held liable for any incorrect or misleading details of medical practitioner or healthcare providers mentioned on its platform
- Please note that the Services are merely a platform for providing, inter alia, information relating to medical practitioners or other related health-based topics and we do not recommend, promote, suggest or endorse any particular medical practitioners, health care providers, procedures, opinions, or other information that is available on its platform. You agree that selection of content from any medical practitioner or health care provider available through the Services is at your sole discretion and is not based on any representations or recommendations by RoundGlass, and is therefore your sole and exclusive responsibility.
- Through use of our Services, you can book an appointment with a registered medical practitioner or health care provider who is registered on other apps/services which are owned/operated by RoundGlass. While we will use it best efforts to arrange a confirmed appointment from such medical practitioner or healthcare provider, we do not guarantee the appointment. Further, we have no liability if such confirmed appointment is later cancelled by the concerned medical practitioner or healthcare provider or his office, or if the concerned medical practitioner or healthcare provider is not available as per the given appointment time.
- You understand and agree that any interactions that you may have with a medical practitioner or health care provider face-to-face and all the associated issues, including but not limited to health issues and your experience, will strictly be between you and the medical practitioner, and will be subject to the applicable doctor-patient confidentiality.
- We do not provide any healthcare or medical advice or services related to diagnosis and hence, shall not be responsible for any outcome between you and the medical practitioner or health care provider including but not limited to for any breach of service or service deficiency or non-satisfactory service by any medical practitioner or healthcare provider. If you decide to engage with a medical practitioner or healthcare provider to provide medical services to you, you do so at your own risk.
- The Services provide You with a facility to maintain longitudinal health records (“Health Records”).
- Information available in your Health Records shall be of two types:
- User-created: Information and documents uploaded by you as a user or information generated during your interaction with the medical practitioner or healthcare provider e.g.: appointment, chat, health trackers etc. (“User Health Records”)
- Medical Practitioner/healthcare provider created: Health records generated by your interaction with a medical practitioner or healthcare provider (“Doctor’s Health Records”).
- Your Health Records shall be created after you have signed up and explicitly accepted these Terms.
- Any Doctor’s Health Records is provided on an as-is basis at the sole intent, risk and responsibility of the medical practitioner or healthcare provider and we do not validate the information in such Doctor’s Health Records and further, make no representation in connection therewith. You should contact the relevant medical practitioner in case you wish to point out any discrepancies or add, delete, or modify the Records in any manner.
- Health and medicine related reminder provided by the Health Records including device captured data is only a supplementary way of reminding you to perform your activities as prescribed by your medical practitioner or yourself. We do not provide any clinical advice or take any ownership of such data and reminders.
- We use industry level security and encryption for your Health Records. However, we do not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised.
- You can provide access of your Health Records to medical practitioner or the health care provider and you will be responsible for any outcome of providing such access.
- Through its Family feature, the Services allow you to have the access to create, maintain or delete the Health Records of person you care for, e.g. your children, your parents, friends, or any other acquaintances and person who has agreed to be a part of your Family (“Dependants”). By registering Your Dependents on your Account, you shall be responsible for the Health Records of your Dependents and you agree that any and all obligations, that your Dependents would have had, if they had maintained their own separate individual Health Records, shall become your obligations.
- You agree that it shall be your sole responsibility to obtain prior consent of your Dependents in writing, and shall have right to share, upload and publish any sensitive personal information of forming part of your Dependent’s Health Records. We assume no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify RoundGlass and its officers against any such claim or liability arising out of unauthorized use of such information.
Liability for Doctor Consultations
- You hereby acknowledge that RoundGlass, through the Services, provides a platform for the sole purpose of linking healthcare recipients with medical practitioners and healthcare providers, and therefore may not be held responsible in any way for any errors, omissions, representations, warranties, breaches or negligence of any of the medical practitioners or for any personal injuries, death, or other damages or expenses resulting therefrom.
- RoundGlass does not provide or make any representation, warranty or guarantee, express or implied about the Services.
- The maximum liability of RondGlass, in respect of any Services provided, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
RoundGlass offers certain enhanced features of the Services which you can purchase on a subscription basis the options provided on the Site (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that RoundGlass may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll see your subscription/ transaction data displayed in the ‘My Subscription Section’ of your account on the App. Your order is not binding on RoundGlass until accepted and confirmed by RoundGlass. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with RoundGlass.
RoundGlass reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances RoundGlass deems appropriate in its sole discretion. RoundGlass also reserves the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). RoundGlass will either not charge you or refund the charges for orders that we do not process or cancel.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: (i) for one-off purchase (e.g. Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided and the same has to be authorized by you, where applicable. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at firstname.lastname@example.org. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
RoundGlass reserves the right to change its pricing terms for Subscriptions at any time and RoundGlass will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to RoundGlass’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by RoundGlass regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, descriptions, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services, except the Health Records (including, both User Health Records and Doctor’s health Record). Content includes without limitation User Content.
RoundGlass does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, RoundGlass and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to RoundGlass a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to subject to applicable laws, use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Rights in Content Granted by RoundGlass
Subject to your compliance with these Terms, RoundGlass grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by RoundGlass
Subject to your compliance with these Terms, RoundGlass grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. RoundGlass reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
- These Terms are concluded between you and RoundGlass, and not with App Provider, and that, as between RoundGlass and the App Provider, RoundGlass, is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of RoundGlass.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, RoundGlass will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all India, and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a India orGovernment embargo, or that has been designated by the India. Government as a “terrorist supporting” country; and (ii) you are not listed on any Government list of prohibited or restricted parties.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling; (c) harm minors in any way; (d) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (j) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (k) is fraudulent, false, misleading or deceptive; (l) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (m) promotes illegal or harmful activities or substances;Use, display, mirror or frame the Services, or any individual element within the Services, RoundGlass’s name, any RoundGlass trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RoundGlass’s express written consent;
- Access, tamper with, or use non-public areas of the Services, RoundGlass’s computer systems, or the technical delivery systems of RoundGlass’s providers;
- Attempt to probe, scan, or test the vulnerability of any RoundGlass system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RoundGlass or any of RoundGlass’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RoundGlass or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a RoundGlass trademark, logo URL or product name without RoundGlass’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right, but are not obligated, to remove or disable access to any Content brought to out notice, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider such Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless RoundGlass and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither RoundGlass nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RoundGlass has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will RoundGlass’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to RoundGlass for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to RoundGlass, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between RoundGlass and you.
Governing Law & Jurisdiction
The Reach policies will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in Mohali, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals. You understand that We may need to share information that you provided on Reach in order to satisfy applicable law, regulation, legal process or an enforceable governmental request.
Notwithstanding the provisions of the “Modification” section above, if RoundGlass changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of RoundGlass’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RoundGlass in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between RoundGlass and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RoundGlass and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without RoundGlass’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RoundGlass may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by RoundGlass under these Terms, including those regarding modifications to these Terms, will be given: (i) by RoundGlass via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
RoundGlass’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RoundGlass. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ABOUT THE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between RoundGlass and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
RoundGlass End User License Agreement
Important: Carefully read this End User License Agreement (EULA) before downloading or using the Proprietary RoundGlass SaaS Reach platform. You may use the Software only if You agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, You may NOT use the Software and You MUST return the Proprietary RoundGlass SaaS Reach platform o RoundGlass ANY DOWNLOAD OR USE OF THE SOFTWARE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
1.1 “System” and “Devices” means the computer equipment and on which the Software was pre-downloaded or onto which it is to be downloaded.
1.2 “Software” means the computer program(s) acquired from RoundGlass and downloaded on the System or any Revisions thereto. This may include programs written by RoundGlass as well as operating systems and application programs written by others which have been provided to You or downloaded on the System by RoundGlass. Software will be provided to You in object code form only.
1.3 “Documentation” means the materials accompanying the Software which describe its functions and how to download and use the Software.
1.4 “Revision” means any correction, modification, update, enhancement, or new version of the Software or Documentation.
1.5 “You” or “Your” refers to the end user licensed to use the Software under this EULA.
1.6 “RoundGlass” means RoundGlass LLC, a Delaware corporation.
2.1 RoundGlass hereby grants You a license to use the Software subject to the following terms and conditions.
2.2 The Software is licensed, not sold. RoundGlass hereby grants You a non-exclusive, terminable, limited license to use the Software on the System(s) for Your own use. No other right or license is granted or implied. You agree to not modify, copy, distribute or otherwise disclose the Software without the prior written consent of RoundGlass. You further agree not to reverse engineer, disassemble, or de-compile the Software. This license shall terminate when You no longer own, or You cease to use the System(s) on which You are licensed to use the Software.
2.3 You may not duplicate or copy the Software except that You may make a single copy of the Software for use solely for archival purposes. The archival copy must bear the copyright notices appearing in the original.
2.4 You may not sell, lease, rent, assign, sublicense or transfer the Software except that You may transfer all of Your rights under this EULA as part of a sale or transfer of the System(s). Such a sale or transfer may only be made if You retain no copies of the Software, You transfer all of the Software (including any media, archival copies, upgrades and Documentation) and the recipient agrees to abide by the terms of this EULA. An upgrade may not be transferred unless You transfer all prior versions of the Software. In the event of any such transfer, You shall remain liable and responsible to RoundGlass for the performance of all of Your duties and obligations under this EULA.
2.5 The Software product is protected under the copyright laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties. You agree that if any unauthorized copies are made, or if the Software is used in violation of this EULA, RoundGlass shall have the right to obtain an injunction against the unauthorized copying or use, in addition to any other rights and remedies RoundGlass might have. You acknowledge and agree that nothing in this Agreement gives You any right, title or interest in the Software except the limited rights expressly granted herein. Some or all of the Software may have been developed by an independent third party software supplier which holds copyright or other proprietary rights to the software product. You may be held responsible to any such supplier for any infringement of such rights.
2.6 You may not remove, intentionally cover or alter any proprietary notices, copyright notices, labels or marks that are contained in or on the Software.
2.7 You agree that You will not export or import any portion of the Software to any country that is not party to either: (i) The Berne Convention of 1989, (ii) The Universal Copyright Convention, (iii) The Buenos Aires Convention, or (iv) a treaty with the United States of America (U.S.A.) which allows for the recognition of the property rights claimed by RoundGlass or its suppliers in the Software. Any export of the Software to such country in violation of this paragraph 2.8 is prohibited and shall constitute a breach of this EULA.
2.8 RoundGlass and its software suppliers reserve the right to terminate this EULA if You violate any term or condition of this EULA. In the event of termination, You must stop using the Software and must return all copies of the Software to RoundGlass.
2.9 In the event You modify the Software or include it in any other software program, upon termination of this EULA You agree either to remove the Software or any portion thereof from the modified program and return the Software to RoundGlass.
3.1 RoundGlass provides software on an “as is” basis only.
4.1 The Software is not warranted to be compatible with all environments. Contact RoundGlass for information about hardware and/or software compatibility.
5.1 Software support may be obtained from the nearest RoundGlass sales office or other location indicated in the Documentation. RoundGlass will be Your primary contact for support even if the Software was written by one of RoundGlass’s suppliers.
6.1 RoundGlass may terminate this Agreement at any time should You violate any term or condition of this EULA. Upon termination of this EULA, You shall immediately return to RoundGlass, all Software and any copies thereof and related Documentation and certify to RoundGlass that You have done so. The provisions of this paragraph of this EULA and any other material provisions of this EULA shall survive any termination of this EULA.
7.1 Should any part or provision of this EULA be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding.
8.0 Limitation On Effect Of Waiver
8.1 A waiver of any breach of any provision of this EULA shall not be construed as a continuing waiver of other breaches of the same or other provisions of this EULA.
9.0 Entire Agreement
9.1 This EULA constitutes the entire agreement and understanding between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this EULA whether written or oral, including any and all purchase orders to the extent that they are inconsistent with this agreement. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by authorized representatives of the party against whom such modification or waiver is sought to be enforced.
10.0 Governing Law
10.1 The validity and interpretation of this Agreement shall be governed by the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in Mohali, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this EULA.
If You have any questions about this EULA, please contact RoundGlass.
If you have any questions about these Terms or the Services or Products, please contact RoundGlass at firstname.lastname@example.org.
Grievance Redressal Mechanism
Any grievances, complaints, concerns or comments arising from the use of Reach, or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to email@example.com “Grievance Officer”)
Our policy is to comply with all applicable laws and to act expeditiously upon receiving any notice of alleged violation of the laws or these Terms. In the event of receiving any compliant we shall redress the complaint within one month from the date of receipt.