Terms & Conditions
Last updated Jan 2022
Surr is licensed to You (“End-User”) by Muse Diagnostics Private Limited (“Muse”), located and registered at 3rd Floor, 29/1, Magrath Road, Ashok Nagar Stage 1, Bangalore 560025, India, (hereinafter “Licensor”), for use only under the terms of this License Agreement.
By downloading the Application from the Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Muse, not Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Play Store Terms of Service. Muse acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Surr (hereinafter “Application”) is a piece of software created to facilitate the use of Taal. It is used to record, stream or transfer the diagnostic sounds recorded by Taal.
SCOPE OF LICENSE
You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Android devices that You own or control and as permitted by the usage rules set forth in this section and the Play Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (“End-User” or “Purchaser”).
This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
You may not share or make the Application available to third parties (except with Muse's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Muse's prior written consent).
You may not copy (excluding when expressly authorized by this license and the usage rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Play Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
The Application requires a firmware version Sitar -Alpha Release 1.0 or higher. Licensor recommends using the latest version of the firmware.
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
NO MAINTENANCE OR SUPPORT
Muse is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
Muse and the End-User acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
USE OF DATA
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Application.
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
All consultations / chat consultations/text messages/audios/transcripts/prescriptions/email and hard copy correspondences between the End-Users shall be recorded, saved and stored for record purposes and in the event, such records are required to be produced as evidence on the direction of a court of law. We may review this data from time to time for analytics purposes.
Notwithstanding any damages that You might incur, the entire liability of Muse and any of its affiliates under any provision of this License Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Application or INR 10,000 if You haven't transacted anything through the Application.
To the maximum extent permitted by applicable law, in no event shall Muse or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this License Agreement), even if Muse or any affiliates has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. [To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use.] You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Muse's sphere of influence that affect the executability of the Application.
You are required to inspect the Application immediately after installing it and notify Muse about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of five (5) days after discovery.
If we confirm that the Application is defective, Muse reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
In the event of any failure of the Application to conform to any applicable warranty, You may notify the Play Store, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Play Store will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Muse, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Muse provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Muse nor any of the Muse's affiliates makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Muse are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Muse will strictly adhere to and adopt all reasonable measures to ensure compliance with all central and state government regulations and directives as applicable from time to time.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Name of the person: Muse Sales Office
The license is valid until terminated by Muse or by You. Your rights under this license will terminate automatically and without notice from Muse if You fail to adhere to any term(s) of this License Agreement. Upon termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
INTELLECTUAL PROPERTY RIGHTS
Muse and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Muse, and not Google, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claims.
This License Agreement is governed by the laws of India. The courts of Bangalore, Karnataka shall have exclusive jurisdiction out of any disputes arising out of this License Agreement.
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.