Yashraj Biotechnology Limited(Hereinafter referred to as ‘YBL’ is the predecessor of Auskey and Auskey is a sub brand of YBL).
This Privacy Policy describes how and its subsidiaries and affiliates(collectively “Auskey”, “we,” or “us”) collects, processes, uses, discloses, and secures information through Auskey’s MobileApplication, and/or Auskey’s website (Collectively known as “Platform”), whenYou use our Services. (“Services” shall mean use of the Auskey’s application, features, widgets, including but not limited to recording heart and lung sounds using a digital stethoscope, obtaining teleconsultations with healthcare providers and communicating with healthcare providers and receiving diagnostic insights) . These Services shall be provided to “Users” (“Users” shall include “Healthcare Providers”, Patients and Medical Institutions) of the Services . The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms of Service , which is accessible at Auskey unless otherwise defined in this Privacy Policy.
OUR PRIVACY POLICY EXPLAINS:
The information we collect, how do we collect it, how we store it, how we use it and how do we manage it.
Your rights i.e. the measures we take to protect the security of the information and maintain regulatory compliance for GDPR (General Data Protection Regulation) and other data regulations such as Digital Personal Data Protection Act 2023, Information Technology (Reasonable security practices and procedures and sensitive personal data or information)Rules, 2011, etc.
Other important information.
INFORMATION WE COLLECT
This Privacy Policy applies to Personal Information and all other information that we collect in order to provide the Services. We may collect the following types of personal information from users of our Services, and store it on your mobile device ,and/or in a secure third-party cloud services provider database.
The platform collects and processes personal data which is used to enable users to fully engage with their health care by providing accurate and up-to-date information to support informed decisions. Our privacy practices are aligned with the General Data Protection Regulation (GDPR) and other applicable global privacy laws, ensuring the protection and appropriate use of the collected data.
For additional information related to your healthcare information or if you have any questions, please reach out to usat support@auskey.in
By submitting your personal information through the services, you are acknowledging that you have read and agree to the terms of this privacy policy. if you do not agree, please do not log into or access the services and do not submit any information to us.
Auskey may collect, use and disclose information from a Customer and such Customer’s authorized users as set forth in the Customer Agreement. If you would like more information about the Services or becoming a Customer, please contact us at support@auskey.in
If you are a patient or a patient of one or more of our participating Customers (a “Patient”), are using Auskey device and would like to use the Services and make information related to your health available to your Healthcare Providers through the Services, you will be required to agree to the Terms of Use for the Services and this Privacy Policy.
If you are a Medical Institution using our devices and application for improving their skills in recognizing different conditions and anomalies, you will be required to agree to the Terms of Use for the Services and this Privacy Policy.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
If we have reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete or incomplete, we reserve the right to refuse provision of the Services to the User, at our sole discretion.
HOW DO WE COLLECT INFORMATION
If You create an account with us on our Platform, we require some basic information at the time of account creation. You will create Your own password, and We will ask You for Your full name, valid email address, age, gender and residential address. We will also collect Your billing details, including credit/debit card information (card name, number, expiry and CVV), a billing address, UPI Id, Net Banking details or other modes of payment details. You have the option to either save or delete information relating to Your credit/debit card information (card name, number, expiry and CVV) on the Platform.
We are committed to protecting your personal and financial data and in order to ensure secure payment processing, we utilize payment gateways that comply with the Payment Card Industry Data Security Standard (PCI DSS).
We may also collect information that your browser sends whenever you visit or when you access our Platform through Auskey’s Mobile Application and/or Auskey’s web Services (“Usage Data”). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data procured by means of any tracking technology(ies). When you access our Services with a mobile device and give the required permissions, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data procured by means of any tracking technology(ies).
Our ad networks and analytics service providers may also collect information about your use of other websites and online services over time, if those websites and online services also use the same service providers. We also use Analytics to collect and process certain website usage data. We may use third-party Service Providers to monitor and analyze the use of our Service. We may use cookies and other information-gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Websites and assisting us in our marketing efforts. For more information on the same, please visit our Cookie Policy .
Our ad networks and analytics service providers may also collect information about your use of other websites and online services over time, if those websites and online services also use the same service providers. We also use Analytics to collect and process certain website usage data. We may use third-party Service Providers to monitor and analyze the use of our Service. We may use cookies and other information-gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Websites and assisting us in our marketing efforts. For more information on the same, please visit our Cookie Policy .
Auskey uses remote servers to save data, such as Health data and other data which is required for patient diagnosis. Users upload data to servers via an internet connection. Auskey may also share your personal information with third parties we hire to perform support Services for us. These third parties are required to use the personal information we share with them only to perform Services on our behalf and to treat your personal information as strictly confidential. Auskey may also call auscultation recording through real-time transmission of data as it enhances the capabilities of healthcare professionals by allowing them to remotely listen to and analyze internal body sounds.
HOW WILL IT BE STORED
Your personal information will generally be stored in our databases maintained by our service providers. Auskey maintains reasonable safeguards to protect the confidentiality, security and integrity of your personal information. Although we use security measures to help protect your personal information again stunauthorised disclosure, misuse or alteration, as is the case with all computer networks linked to the internet, we cannot guarantee the security of information provided over the internet and will not be responsible for breaches of security beyond our reasonable control.
HOW DO WE USE THE INFORMATION WE COLLECT
Any of the information we collect from you may be used in one of the following ways:
1. To provide and maintain the Service
2. To notify you about changes to our Service
3. To monitor and treat health
4. To carry out medical research and development
5. To allow you to participate in interactive features of our Service when you choose to do so
6. To provide customer support
7. To gather analysis or valuable information so that we can improve our Service and enhance experience.
8. To monitor the usage of our Service
9. To detect, prevent and address technical issues
10. To fulfil any other purpose for which you provide it
11. To carry out our obligations and enforce our rights arising from any contract sintered into between you and us, including for billing and collection
12. To provide you with notices about your account.
13. In any other way we may describe when you provide the information
14. For research, statistical analysis and business intelligence purposes with the help of computer science technologies including without limitation, artificial intelligence and machine learning. Such demographics will be in an aggregated or non-personally identifiable form thereby ensuring anonymity. They will be used by healthcare professionals, patients and medical institutions as real time insights.
15. To furnish your information to third parties only to the extent necessary for delivering the relevant allied services
16. For any other purpose with your consent.
HOW DO WE MANAGE YOUR INFORMATION
Security
Auskey takes the security of data very seriously, and We work hard to protect any information You provide to us from loss, misuse, and unauthorized access or disclosure. We take all reasonable precautions to safeguard the confidentiality of Your Personal Information, which includes encryption and another security mechanisms. These measures take into account the sensitivity of the data We collect, process and store, and the current state of technology.
You agree and accept that your Information may be stored in third-party cloud service providers. While all reasonable attempts have been taken from our end to ensure the safe and secure storage of your data, we shall not be liable for any data breach on the part of the third-party cloud service provider that was beyond our control. In addition to the security measures put in place by the third-party cloud service provider for safe and secure storage of your Information, we use certain physical, managerial, technical or operational safeguards as per industry standards and established best practices to protect the Information we collect. We use reasonable security practices and procedures and use secure servers as mandated under applicable laws for the protection of your Information. We review our Information collection, storage, and process in gpractices, including physical security measures to guard against unauthorized access to systems. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to us over the internet. You accept the inherent security implications of data transmission over the internet and the internet cannot always be guaranteed as completely secure. Therefore, your use of the Services will be at your own risk.
Data Retention
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The data will be retained by YBL for a period of time as required by the Indian Law.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Data Transfers
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
At Auskey, we take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Data Backup
Backing up your data is a fundamental aspect of data protection. We may regularly backup your data to ensure that you can quickly recover your information in the event of data loss or corruption.
YOUR RIGHTS
GENERAL RIGHTS UNDER GOVERNING LAW
Since We have Your Personal Information, You have the following rights with us:
i. Right to maintain updated and accurate information with us: The information We hold will be accurate and up to date. You can check the Personal Information that We hold about You by emailing us at support@auskey.in .If You find any inaccuracies or errors, please let us know at support@auskey.in ,We will delete or correct it promptly, as per Your request.
ii. Right to know about changes in this Policy: We may periodically update this Privacy Policy, and update the same, which will reflect in the Privacy Policy. We will post the changes to this Privacy Policy and update the “last modified date” when we do so. The Usage of your Personal Information shall be governed by the last updated or revised Privacy Policy which shall be available on the Plat form.Your continued use / access / browsing of the Platform and/or Service after any such amendment or modification signifies your acceptance to such amendment or modification. We would encourage you to review our Privacy Policy to stay informed.
iii. Right to a breach notification: We will notify You and the relevant data protection authority (if applicable)without undue delay on becoming aware of a Personal Information breach.
iv. Right to opt out: We may partner with third parties to deliver and monitor advertisements. Our advertising partners may use cookies. These third parties are subject to their own privacy policies. If You would like to opt out of online advertising, please let us know at support@auskey.in .
OTHER IMPORTANT INFORMATION
Data subject request
Auskey will be the controller of Personal Information provided to, or used in connection with our Services, as described in this Privacy Policy. To the extent that We act as a data processor on Your behalf in connection with the performance of our Services.
If You wish to make any changes or in general manage Your data stored with us, You can let us know at support@auskey.in .
Age limitations
Persons who are competent of contracting within the meaning of the Indian Contract Act,1872 shall be eligible to access, use or register and avail the Services. In the event that, as a minor You wish to use the Service, such use shall be made available to You upon the review of these Terms by Your legal guardian or parent(s) and upon them consenting to be bound by the Terms. Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by Your legal guardian or parent(s),or if the details provided by You are false or inaccurate, Auskey shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.
Changes to this Privacy Policy
Auskey reserves the right to amend, modify, add, delete or remove any portion of this Privacy Policy as required under any applicable law from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or We may make changes to our business. We will post the changes to this page and update the “last modified date” when We do so. Usage of Your Personal Information shall be governed by the last updated or revised Privacy Policy. Your continued use / access / browsing of the Services after any such amendment or modification signifies Your acceptance to such amendment or modification. We would encourage You to review our Privacy Policy to stay informed. If You disagree with the changes to this Privacy Policy, You should delete Your registered account for the Services, or otherwise cease to use /access / browse the Services.
Security Audits
Third-party links
The teleconsultation feature within our application facilitates remote consultations through video/audioconferencing between users and healthcare providers by providing links through third party applications. Users are informed that Third Party privacy and data handling practices apply during these teleconsultations. We recommend users review Third Party privacy policy to understand how their data is processed during teleconsultations. Auskey provides the functionality for users to record heart ,lung, Abdomen, Fontal and other body part sounds and interact with health care providers. If users choose to upload heart, lung, Abdomen, Fontal and other body part sound recordings onto the application, that data is subject to our privacy policy.
Auskey has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party website/platforms or Services. We do not endorse and do not warrant the offerings of any of these entities/individuals or their websites/platforms.
We strongly advise You to read the terms and conditions and privacy policies of any third party website/platforms or Service.
Disclaimer
Although we are committed to protecting your privacy, we do not make any promise to the effect that your information, including personal information, or private communications will always remain private or may beedis closed in ways not otherwise described in this privacy policy. You assume all responsibility and risk for: (i) your use of the platform and/ or services; (ii)use of the internet generally; (iii) the information you provide or access; and(iv) your conduct on and off the platform. Further, we assume no liability for any actions of third parties with regard to your information or personal information which you may have disclosed to such third parties by accessing or visiting third party links or using integrations, apps and custom apps are made available to you through the market place or other forums where applications are developed for their integration with the service(s). Auskey shall disclaim any liability arising out of your use of third party links or any other dealings with such third parties.
Governing Law
This Privacy Policy shall, in all respects, be governed by and construed in all respect in accordance with the laws of India. The courts in Mumbai, Maharashtra India , shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with these Terms.
Contacting Auskey
Please feel free to contact Auskey if You have any questions about this Privacy Policy or complaints about our practices relating to Your Personal Information, or if You are seeking to exercise any of Your rights described in this Privacy Policy, You may contact us at support@auskey.in or write to our Data Protection Representative at the mailing address below:
Yashraj Biotechnology Ltd
Address: Plot No. C113, TTC Industrial Area, MIDC Industrial Area, Pawane, Navi Mumbai, Maharashtra, 400705
Auskey’s Mobile Application, and/or Auskey’s web services (“Platform”) is owned and operated by Yashraj Biotechnology Ltd Auskey”, “We”, “Us”, and/or “Our”) operates this Platform to provide Our users (“You”, “Your” , “Healthcare Provider” , “Patients” and “Medical Institutions”) with information about this Platform.
We hope that this Policy helps you understand, and feel more confident about, our use of cookies.
This Cookie Policy explains how and when we use cookies on our Platform. This Cookie Policy should be read alongside, and in addition to, the Privacy Policy. For detailed information on our Privacy Policy.
I you continue to use our Platform without changing your settings, you agree that we can store, and access Cookies as described in this Cookie Policy.
1. WHAT ARE COOKIES?
Cookies are little text files which are stored on the browser or hard drive of your computer or mobile device when you visit a webpage or application. Cookies work to make your experience browsing our Platform as smooth as possible and they remember your preferences, so you don’t have to insert your details again and again.
There are different types of cookies. Some cookies come directly from our Platform and others come from third parties which place cookies on our Platform. Cookies set by the Platform owner (in this case, the Platform) are called "first party cookies". Cookies set by parties other than the Platform owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the Platform (e.g. like advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the Platform in question and also when it visits certain other Platforms. Cookies can be stored for varying lengths of time on your browser or device. Session cookies are deleted from your computer or device when you close your browser. Persistent cookies will remain stored on your computer or device until deleted or until they reach their expiry date.
2. TYPES OF COOKIES WE USE
We have 4 varieties of cookies which operate on our Platform:
i. Necessary cookies
These cookies are necessary for the Platform to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request of services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Platform will not then work. These cookies do not store any personally identifiable information.
ii. Performance cookies
These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our Platform. They help us know which pages are the most and least popular and see how visitors move around the Platform. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Platform.
iii. Preference cookies
These cookies may be set through our Platform by our advertising partners who may use them to build a profile of your interests and show you relevant adverts on other Platforms. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
iv. Advertising Cookies
These cookies enable the Platform to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
v. Security Cookies
These cookies are used for security purposes.
3. HOW DO WE USE COOKIES
We use cookies to enhance your browsing experience by:
· Recognizing when you login and what your preferred settings are
· Giving you a browsing experience that is unique to you and to serve you content which we believe improves your experience on our Platform.
· Analyzing how you use our Platform which helps us to troubleshoot any problems and to monitor our own performance.
4. HOW CAN I CONTROL COOKIES?
We will provide notice to you when we deploy cookies. You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject .Essential cookies cannot be rejected as they are strictly necessary to provide you with services.
The Cookie Consent Manager can be found in the notification banner and on the Platform. If you choose to reject cookies, you may still use the Platform though your access to some functionality and areas of the Platform may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.
In addition, most advertising networks offer you a way to opt out of target advertising. If you would like to find out more information, please email us at support@auskey.in
5. HOW TO DELETE COOKIES?
Most browsers automatically accept cookies; however, you can set your browser to decline/block them. You can delete cookies in your browser settings, please note that discarding cookies can make some parts of the Platform unusable
You can find how to delete cookies in the table below:
Cookie settings in Internet Explorer
Cookie settings in Firefox
Cookie settings in Chrome
Cookie settings in Opera
Cookie settings in Safari
6. WHAT ABOUT OTHER TRACKING TECHNOLOGIES, LIKE WEB BEACONS?
Cookies are not the only way to recognize or track visitors to a Platform. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited the Platform or opened an e-mail including them. This allows us, for example, to monitor the traffic patterns of users from one page with in a Platform to another, to deliver or communicate with cookies, to understand whether you have come to the Platform from an online advertisement displayed on a third-party Platform, to improve Platform performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
7. DO YOU SERVE TARGETED ADVERTISING?
Third parties may serve cookies on your computer or mobile device to serve advertising through the Platform. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other Platforms in order to provide relevant advertisements about goods and services of potential in terete you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide these.
8. CHANGES TO THE COOKIE POLICY
We may update this policy from time to time. If we make significant changes, we will let you know, but please do regularly check this policy to ensure you area ware of the most updated version.
This Cookie policy was last updated in February 2025
Thank You for choosing to use Auskey’s Mobile Application, and/or Auskey’s website (Hereinafter collectively referred to as “Platform”).Yashraj Biotechnology Limited (Hereinafter referred to as “YBL”) is the predecessor of Auskey and Auskey is a sub-brand of YBL. These Terms of Service are a legal contract between “You” i.e. “User” (Users shall include “Healthcare Providers”, Patients and Medical Institutions) and YBL and shall govern Your use of the Services ( “Services” shall mean use of the application, , features, widgets, or online functions including but not limited to recording heart and lung sounds using a digital stethoscope, obtaining teleconsultations with healthcare providers and communicating with healthcare providers and receiving diagnostic insights) that We may make available to You through the software, whether You access the software throug hour website at www.auskey.in Auskey App. The Services are owned by Yashraj Biotechnology Ltd ”, “Us” or “Auskey”).
Please read these terms of service carefully. By clicking“accept” or accessing the service, you agree to be bound by the terms of service. If you do not wish to be bound by these terms of service, you may not access or use the service. By accepting these terms or by using the service, you acknowledge that you have read, understood, and agree to be bound by the following terms and service, including the auskey Privacy Policy(together,the “terms”).
By continuing to use the Services, You agree as follows:
· Any information that We collect through Your use of the Services is subject to the Auskey’s Privacy Policy , which is part of these Terms of Service.
· You are at least 18 years old;
· You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
· You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Service, as they may be amended by Auskey from time to time;
· You are adhering to all international ,national and/or state laws/regulations, including data protection laws that govern Your use and transmission of personal information included health data to Auskey; and
· You understand, accept, and have received these Terms, and acknowledge and demonstrate that You can access these Terms at will.
If you are not eligible, or do not agree to the terms, then you do not have our permission to use the service. Do not log in to the platform and immediately delete all installed files, if any, of the accompanying services from your computer or mobile device.
The auskey mobile applications and webservices are available to users in india, the united states of America (usa),united kingdom and certain other countries.
PURPOSE OF OUR SERVICES
Our Services are provided to You subject to these Terms and any other agreements entered into between You and Auskey.
For Healthcare providers who is an Auskey customer and such Customer’s authorized users is subject to and governed by the agreement between Auskey (the “Customer Agreement”), the Services is provided in order to:
Automatically transmit a patient’s lung, heart, Abdomen, Fetal and other body parts sounds and data analysis to the Healthcare provider
To remotely monitor patients' heart and lung sounds, allowing for timely detection of changes and potential issues.
Allow Healthcare providers to access the transmitted data and Auskey’s wireless, mobile, and web-based management systems and technologies.
Patients with chronic heart or lung condition scan use digital stethoscopes to regularly monitor their health at home and share data with their healthcare providers.
To provide teleconsultation to the Patients for remote diagnosis and consultation.
For Patients, the Services are provided in order to:
Use the digital stethoscope to record their heart, lung Abdomen, Fetal and other body parts sounds, which can then be shared with healthcare providers during telemedicine appointments for remote diagnosis and consultation.
For Medical Institutions including but notlimited to Hospitals and Colleges, the platform is provided in orderto:
Medical students and professionals can use digital stethoscopes to listen to a variety of body parts sounds for improving their skills in recognizing different conditions and anomalies.
REGISTRATION
You must be a registered user with Auskey in order to use our Services. You may register through the Auskey Mobile Application or through the Auskey website. By submitting the information requested in our Platform, You may access and use the Services to view certain data pertaining to You as made available by Auskey.
By registering for an account, You represent and warrant:
Your registration data is true, accurate ,current, and complete;
You will update Your registration as needed data to make sure it is accurate;
You meet all of the eligibility requirements set forth below; and
You are authorized to create an account(either for Yourself or on behalf of another person
MODIFICATION AND TERMINATION OF SERVICES
Do not use the services where prohibited by law. You understand that your use of the services may involve or require the transmission of significant amounts of data. You are responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise a rise from your use of the services.
Auskey may, at anytime, modify, discontinue or terminate the Services or modify these Terms,without prior notice to You . If We modify these Terms, We will post the changes on our website or Auskey Mobile Application. If You continue to use the Services after We have let You know about the changes, You agree to be bound by the modified Terms. If the changes are not acceptable to You, You should immediately stop using the Services.
Auskey reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that Your conduct or Your use of the Services violates applicable laws or is harmful to the interests of Auskey or any other users. Auskey also may place limits on, modify, suspend or terminate the Services generally, and may suspend or terminate Your use of the Services if You fail to comply with this Agreement or otherwise in accordance with Auskey’s internal policies. This suspension or termination may delete Your information, files, and other previously available content.
Some features of the Services may be subject to different terms and conditions. If You use those features, You agree to be bound by the additional terms of use applicable to such features. If any such additional terms conflict with these Terms, the additional terms will govern with respect to such features.
ELIGIBILITY
You must be at least 18 years of age to use the Service. By agreeing to these Terms, You represent and warrant to us that:(a) You are at least 18 years of age; (b) You have not previously been suspended or removed from the Service; and (c) Your registration and Your use of the Service is in compliance with all applicable laws and regulations in Your local jurisdiction. If You are using the Service on behalf of an entity,organization, or company, You represent and warrant that You have the authority to bind that organization to these Terms and You agree to be bound by these Terms on behalf of that organization.
NOTICES
All notices from Auskey intended for receipt by You shall be deemed delivered and effective when sent to the email address provided by You during the registration process or as otherwise provided in these Terms of Service or our Privacy Policy . If You change Your email address, You must update Your account information.
CONFIDENTIALITY
You need to provide Auskey with a valid, working e-mail address to access and use the Services. When You register, You will create a password for Your account. [JB12] Your e-mail address and password and any codes assigned to You are Your “User Information.” When You create an account with us, You guarantee that the information You provide is accurate, complete, and current.
You MUST:
(A) Keep Your User Information private.
(B) Do not allow another person to use Your User Information to access the Services, and
(C) Do not allow another person to use Your Device(s).
To protect Your confidential healthcare information, it is good practice to enable touch ID, fingerprint ID, Face ID,and/or a passcode on Your smartphone.
If You do not do the above and Auskey suffers damages as a result, You will be responsible for all of those damages. You agree to immediately notify Auskey in writing by email of any unauthorized useof Your User Information or any other breach of security.
All of Your communications using the Services can and will be monitored, captured, recorded, and transmitted to government authorities if We decide it is necessary, and We do not have to notify You.
Some features of the Services may be subject to different Terms. If You use those features, You agree to be bound by the additional terms applicable to such features. If any such additional terms conflict with these Terms, the additional terms will govern with respect to such features.
ACCESS TO OUR SERVICES
You shall use Platform in strict compliance with (1) these Terms; (2) any additional applicable instructions, guidelines or policies issued by Auskey, including those posted within the Auskey Mobile Application or on the website; and (3) all applicable laws, rules and regulations(collectively, “Laws”).
WHAT YOU’RE NOT ALLOWEDTO DO ON AUSKEY
You agree to use the Platform only for their intended purpose. You must use the Services in compliance with all privacy,data protection, intellectual property, and other applicable laws.
While using the Services, You shall not:
(A) Use Auskey apart from its intended purpose, which is to record,transmit, and/or share heart and lung sounds for medical or diagnostic purposes. Any misuse of the device beyond its specified medical function is prohibited.
(B) Post, upload, publish, submit, transmit or otherwise make available any content that You do not have a right to make available;
(C) Use, display, mirror or frame the Services, or any individual element within the Services, Auskey or Auskey’s name, any Auskey trade mark, logo or other proprietary information, or the Layout and design of any page or form contained on a page, without Auskey’s express written consent;
(D) Access, tamper with, or use non-public areas of the Services, Auskey’s computer systems, or the technical delivery systems of Auskey’s service providers;
(E) Attempt to probe, scan, or test the vulnerability of any Auskey system or network or breach any security or authentication measures;
(F) Avoid, bypass, remove, deactivate,impair, descramble or otherwise circumvent any technological measure implemented by Auskey or any third party to protect the Services;
(G) Attempt to access or search the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like)other than the software and/or search agents provided by Auskey or other generally available third party web browsers;
(H) Send any unsolicited or unauthorized advertising, email, junk mail, spam, chain letters or other form of solicitation;
(I) Use any meta tags or other hidden text or metadata utilizing an Auskey trademark, logo, URL, or product name without Auskey’s express written consent;
(J) Use the Services for any commercial purpose, research purposes, or the benefit of any third party or in any manner not permitted by these Terms;
(K) 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;
(L) Attempt to decipher, decompile,disassemble or reverse engineer any of the software used to provide the Services or;
(M) 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;
(N) Collect or store any personally identifiable information (not Your own) or for healthcare providers, not Your patients, from the Services;
(O) Impersonate or misrepresent Your affiliation with any person or entity;
(P) Violate any applicable law or regulation; or
(Q) Encourage or enable any other individual todo any of the above.
We may investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Other than monitoring Your healthcare vitals, We have noob ligation to monitor Your access to the Services, however, We may do so for the purpose of operating the Services to ensure Your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Auskey reserves the right to, at any time and without prior notice, remove or disable access to any of its service that We decide is in violation of these Terms and the Privacy Policy.
HARDWARE AND INTERNET REQUIREMENTS FOR ACCESS TO OUR SERVICES
You are responsible for obtaining,installing, maintaining and operating all software, hardware or other equipment(collectively, “Systems”) necessary for You to access and use the Services.This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus,anti-spyware, and internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and You expressly assume such risks. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your System.
INTELLECTUAL PROPERTY RIGHTS
YBL retains full ownership of all data provided by the user. Any access or use of this data by the user is granted strictly for the purposes outlined in the agreement, without conferring any ownership or proprietary rights to the user. YBL’s data remains its exclusive property under all circumstances.
In cases where the user develops or creates any products, algorithms, models, or applications utilizing YBL’s data, such works, regardless of the extent of the user’s involvement, will be considered the property of YBL. The user agrees that all rights, titles, and interests in any such derivative works shall vest in YBL.
The user acknowledges that they are not permitted to use, distribute, or disclose any data provided by YBL or any derivative works created from that data without the express written consent of YBL. All rights associated with the data, including any works derived from it, remain with YBL unless otherwise agreed in writing.
The Services are owned or licensed by Auskey.We grant to You, for Your personal purposes only, a nonexclusive, limited, and revocable right to access and use the Services during the term of this agreement, so long as You comply with these Terms. You agree not to use the Services for any other purpose, including commercial purposes, research purposes, such as co-branding, framing, linking, or reselling any portion of the Services without our prior written consent.
You may access or download recordings available through the Services for non-commercial purposes and solely within the scope allowable by these Terms. You may not use the recording for any other purpose without our express written permission. Any unauthorized use of words or images from the Services may violate copyright laws, trademark laws, laws of privacy and publicity, and civil and criminal statutes.
You may not use Auskey’s name, trademarks,service marks or logos or those of third parties appearing on the Services in any advertising or publicity, or otherwise to indicate Auskey’s or such third party’s sponsorship of or affiliation with any product or service without express written permission of Auskey or such third party.
You own Your personal information and any other content that You post on or through the Services. For Us to provide You with the Services, You grant to Auskey a perpetual, non-exclusive, fully paidand royalty-free, transferable, sublicensable, worldwide license to use Your content solely for the purpose of providing the Services. You also agree to allow Auskey to de-identify and anonymize Your content, including without limitation, any personal health information, and to use or disclose suchde-identified information for purposes of Auskey’s management, operations, or administration of its business and the Services, as further described in the Privacy Policy .
THE AUSKEY FINDINGS AND REPORTS
You may use the Application to generate reports of findings using the Heart, Lungs, Abdomen, Fetal and other body parts sound data. Any reports provided by Auskey do not suggest a diagnosis. The interpreted report is intended as information for You and to be used as a tool to provide proper diagnosis and treatment taking into account the patient’s complete medical history. Analysis and diagnosis based on the data can only be accomplished by a physician.
You acknowledge and agree that the proper placement and usage of Auskey in accordance with the instructions provided by Auskey is essential for accurate and reliable results. Auskey shall not be held liable for any faulty readings,or misinterpretations, arising from the improper or incorrect use of the device, including incorrect placement on the body or failure to follow operational guidelines. Any medical diagnosis, decision, or action based on such faulty data is the sole responsibility of the user and Auskey disclaims any responsibility or liability for consequences resulting from such use.
REGIONAL TELEMEDICINE RESTRICTIONS
Due to telemedicine restrictions, Your location may restrict Your ability to use the Application for telehealth purposes. Since You are using a mobile device to collect Your data or patient data, it is Your responsibility to ensure the Application is legal according to Your local telemedicine laws. This section applies only to Auskey telemedicine purposes and does not apply to Remote Patient Monitoring or other functions of the Services that are not restricted by current telemedicine laws and regulations.
You have the option to obtain a data recording from the Auskey device at any time. Your heart and body sound recordings are subject to multiple factors related to Your health and activities. Auskey makes no guarantees of the accuracy or clinical significance of the interpretation of the data. You explicitly consent to sharing data with the third-party electronic health record systems (EHRs) according to terms described in the Auskey’s Privacy Notice.
FEEDBACK
We welcome and encourage You to provide us with feedback, comments and suggestions for improvements to the Services (“Feedback”).You may submit Feedback by emailing us at support@auskey.in You submit any Feedback to us, We will own all intellectual property rights in such Feed back and may use such Feedback for any lawful purpose.
PRIVACY POLICY AND YOUR PERSONAL INFORMATION
Auskey respects the information You provide to us. Please see our Privacy Policy for an explanation of how We collect and handle Your Personal Information. By clicking on the “I Agree” or “I Accept”button, accessing or using the Services, or by downloading or uploading any content from or through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
THIRD PARTY CONTENT
The teleconsultation feature within our application facilitates remote consultations between users and healthcare providers through third party applications such as Users are informed that Third Party privacy and data handling practices apply during these teleconsultations. Were commend Users review Third Party privacy policy to understand how their datails processed during teleconsultations. Auskey provides the functionality for users to record heart, lung, Abdomen, Foetal and other body part sounds and interact with healthcare providers. If Users choose to upload heart, lung,Abdomen, Foetal and other body part sound recordings onto the application, that data is subject to our privacy policy.
Auskey has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party website/platforms or Services. We do not endorse and do not warrant the offerings of any of these entities/individuals or their websites/platforms.
We strongly advise You to read the terms and conditions and privacy policies of any third-party website/platforms or Services.
DISCLAIMERS
You expressly understand and agree that: (a) youruse of the services is at your sole risk, and the services are provided on an“as is” and “as available”basis. Except as otherwise expressly provided in these terms or expressly stated else where by auskey, auskey makes no representations, covenants or warranties and offers no other conditions,express or implied, regarding any matter,including (1) the merchantability,suitability, fitness for a particular use or purpose, non-infringement or results to be derived from the use of the application, website or any data service, software, hardware, deliverable, work product or other material related to the application or website, or the availability of any of the fore going; or (2) whether the information available on or transmitted by the application or website is true, complete or accurate.You specifically acknowledge and agree that auskey is not responsible for any healthcare or related decisions made by you or your healthcare professional based upon data collected, transmitted or displayed by or on the application or website,whether such data is accurate or inaccurate. Further, auskey does not represent, covenant or warrant that access to or services provided by the application or website will be uninterrupted or error-free. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that auskey is not responsible for any losses of your data, confidentiality or privacy in connection therewith.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither auskey nor any other person or entity involved in creating,producing, or delivering the services or materials shall be liable to you for any direct, indirect, special,incidental, punitive or consequential damages arising out of or resulting from your use of the services, or based upon any breach of any express or implied warranty, breach of contract (including these terms and any additional instructions, guidelines or policies issued by auskey,including those posted in the application or on the website), negligence, tort or any other legal theory(collectively, the “excluded damages”). For the avoidance of doubt, the excluded damages also include without limitation, loss of savings or revenue; loss of profit; loss of use; loss of life or health, the claims of third parties; and any cost of any substitute equipment or services. In the event of any hardware or software malfunction, ybl/auskey shall bear no liability.
If you are not satisfied with the services, or the terms, you should discontinue using them –this is your only remedy.
REMEDIES
At its option, Auskey may seek all remedies available to it under law, including injunctive relief in the form of specific performance to enforce these Terms, including any additional instructions,guidelines or policies issued by Auskey, including those posted in the Application or on the Website, and/or actions for damages.
INDEMNITIES
You agree to indemnify, defend and hold harmless Auskey, its clients, and its suppliers and their respective affiliates,employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with Your access to or use of the Services, Your violation of these Terms, or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Services through Your account.
DISPUTE RESOLUTION
These terms and conditions are made under, and will be construed and enforced in accordance with, the laws of India applicable to agreements made and to be performed solely therein. In any action between or among any of the parties,whether arising out of these terms of service or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction of the courts of India; and (b) waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or any transactions contemplated hereby.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of India. The courts in Mumbai,Maharashtra, India, shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with these Terms.
MISCELLANEOUS
i. These Terms constitute the entire agreement between You and us pertaining to the subject matter hereof and supersede all prior or other arrangements,understandings, negotiations, and discussions, whether oral or written. These Terms cannot be modified by You and may only be modified by us as provided above.
ii. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
iii. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
iv. You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Auskey, which may be withheld at Auskey’s sole discretion. Any attempted assignment by You that does not comply with the terms of this Section shall be null and void. Auskey may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.
v. Failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice our rights to take subsequent action.
vi. All rights not expressly granted by us in these Terms are reserved by Us.
vii. You agree that these Terms will not be construed against us by virtue of having drafted them.
CONTACT
The Service is offered by Yashraj Biotechnology Ltd You may contact us by emailing us at support@auskey.in