Terms of Service | Empaithy™

This Terms of Service (hereinafter "Agreement", "Terms") governs the use of the Platform owned and operated by VeriScript Private Limited, a Company incorporated under the provisions of Companies Act, 2013 and having registered address at 7/20 Industrial Area, Kirti Nagar - 110015, West Delhi, NEW DELHI, Delhi, India, 110015 (hereinafter "Company", "empaithy™", "We", "Us", "Our").

This Agreement is prepared in compliance with Section 43A of the Information Technology Act, 2000 & Rule 3 of Information Technology (Intermediary Guidelines) Rules, 2011.

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

The User is required to read this Agreement, the Cookie Policy and the Privacy Policy carefully and agree to the terms stated herein before accessing the website or continuing with the use of the Services of the Company. These Terms constitute a legal and binding agreement between the Company and the User of the Platform and becomes effective on the date the User visits Empaithy.com or downloads the mobile application of the Company 'Empaithy™.'

This Agreement sets forth the Terms under which you are authorized to use the Platform and details the management of your account with Us. Should you have any questions or need further clarification regarding the use of the Platform, please feel free to reach out to us at support@empaithy.com.

Definitions

"Company" shall mean VeriScript Private Limited.
"Empaithy™" shall mean and refers to any/all logos, signs, symbols, designs, icons, terms, product names, brand names, trademarks, wordmarks, copyrights owned or under application process for registration anywhere in the world by the Company including content in text, images, audio, video formats in any language used on websites, portals, products owned or published by the Company and all promotional materials and content used by the Company for marketing, advertising, business promotion, sales or public relations.
"Intellectual Property Rights" shall mean and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, source codes, object codes, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information.
"Platform" shall mean the website located at Empaithy.com and the mobile application named "Empaithy™" owned, operated and managed by the Company.
"Privacy Policy" shall mean the privacy policy located at Empaithy.com.
"Services" shall mean the services offered by the Company / the Platform.
"Third Party Application" means any application or service developed by any person, firm, company or entity other than the Company.
"User" shall mean any individual that is competent to contract as per the provisions of the Indian Contract Act, 1872 and includes every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.
"User Data" shall mean electronic or digital content, data and information input into the Platform by the User or collected through the Platform by the Company.

Applicability of Terms

This Agreement applies to:

Individuals who are seeking mental wellbeing support, guidance, or information through the Platform; and
Any other individuals or entities who access or interact with the Platform for various purposes.

Platform

The Platform is an innovative product dedicated to enabling Users to track and enhance their emotional intelligence. This commitment extends to promoting personal growth, healthier workplaces, and ultimately contributing to a more empathetic global community. At the core of this mission, the Platform utilizes a proprietary, privately-trained Large Language Model (LLM) to analyse securely compiled data. This LLM generates insightful patterns and trends about the User's emotional state and overall mental well-being, providing Users with valuable insights to foster personal development and well-rounded emotional intelligence.

At the core of the Platform lies its AI-driven emotional support system. This sophisticated AI not only possesses in-depth knowledge of mental health but also excels in engaging Users through meaningful dialogues. It plays a pivotal role in helping Users gain deeper insights into their emotional states and concerns, addressing questions and identifying emotional patterns for enhanced self-awareness.

Moreover, the Platform empowers Users by granting them complete control over their data. Users can use this data for self-improvement or share it with mental health professionals, employers, and other relevant parties, ensuring personal autonomy and privacy.

Micro-Journaling

One of the Platform's distinctive features is micro-journaling. This innovative approach to journaling allows Users to record their thoughts and feelings making the process more accessible and User-friendly. Our Platform offers two distinct methods to record your entries:

Text Entry: For those who prefer the traditional way of journaling, our Platform offers a straightforward typing interface. You can type your journal entries at your own pace, giving you the opportunity to reflect and articulate your thoughts and experiences in written form.
Voice-to-Text: In today's fast-paced world, where convenience is paramount, our Platform offers a cutting-edge voice-to-text feature. This User-friendly tool allows individuals to effortlessly convert spoken words into written text by simply articulating their thoughts aloud. Importantly, we prioritize User privacy, ensuring that we do not store any voice/speech data.

The personal information collected through both typing and voice-to-text features is crucial for the ongoing development and enhancement of our AI model. All data collected through our Platform is completely anonymized. This means that any information used for training the AI model is removed of identifiers that could link it back to a User.

Mental Well-being Tracker

The Platform also offers a comprehensive mental well-being tracker. This feature enables Users to document and monitor their emotional states over time. By analysing these patterns, the Platform provides valuable insights into the Users' mental health, facilitating a better understanding of their emotional well-being.

Important Disclaimers

While the Platform's AI-driven insights aim to help in the understanding and monitoring of a User's mental well-being, these should not be mistaken for a professional medical evaluation. The Platform's analysis, while insightful, is not equipped to serve as a diagnosis or an indication of a specific mental health condition. Users are strongly encouraged to consult with qualified healthcare professionals for any concerns or symptoms they may experience.

Further, it's important for the Users to acknowledge the limitations of the Platform's feedback accuracy. The effectiveness of the Platform's feedback largely depends on the quality and completeness of the information provided by the User. The Platform offers a unique blend of AI-driven support and User-driven data to enhance understanding of personal emotional states. However, it is not an alternative to the critical and personalized care provided by mental health professionals.

Registration

Signing Up on Our Platform:

Users, as may be approved by the Platform shall have the right to use the Service provided by the Platform.
To register on Our Platform, Users must sign up using either their email or mobile number, along with additional details such as a username and password, if applicable. The registration details provided by the User are utilized to generate an anonymized User profile.
The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User must take appropriate measures to secure the devices and browser they use to prevent unauthorized access to their account.
By registering, the User acknowledges that Platform will process their data in accordance with the Privacy Policy. Any registration details which the Company identifies as untrue or misleading shall grant the Company the right to terminate the use of Platform for such User with an immediate effect.

Conditions of Registering:

To register on the Platform, the User must be at least 18 (eighteen) years old. By registering on the Platform, or accepting this Agreement, the User affirms that it is 18 years of age or older and possesses the legal right, authority and capacity to use the Services offered by Platform.
If a User is registering an account on behalf of its employees or members, the User must have obtained the employee's or member's explicit consent to do so.
The User may use the Platform in accordance with the terms of this Agreement and the Privacy Policy.
The Company may at any time, with or without notice, revise any of the features and functions that it provides in its Platform, including removing such features and functions completely.
The Company reserves the right to integrate the Platform with any Third-Party Application to provide any additional services as it may deem fit.

Acceptance

THE USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF SERVICE, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY ITS TERMS. The person accepting this Agreement on the User's behalf through Platform's registration process represents that it has the authority to bind the User to these Terms of Service. The User further acknowledges that this Agreement does not have to be signed in order to be binding. The User will have indicated its assent to the terms of the Agreement by clicking on the "REGISTER" or similar button that is presented to the User at the time of the opening of an account with the Company.

BY USING ANY OF THE SERVICES OF THE COMPANY, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT, PLEASE REFRAIN FROM USING OUR WEBSITE OR SERVICES.

Terms of Payment

The Platform offers Users three distinct payment options to cater to different preferences and needs:

The first option, which is free, provides limited access to the Platform's features and does not include access to analytics.
For those seeking greater functionality, the second choice involves a monthly subscription fee of USD 9.99, granting unrestricted access to all features of the Platform.
Alternatively, Users can opt for the third option, which involves a yearly payment of USD 99.99, offering the same comprehensive access.

User's Responsibility and Restrictions

This Platform may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Posts" or "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. When using Posts or Forum, You shall not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Conduct or forward surveys, contests, or chain letters;
Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Us. We reserve the right for any reason to remove without notice any contents of the Forums received from Users.

User Data and Privacy

The Platform employs a comprehensive approach to User confidentiality. While Users register with a username and password, they are only represented by a unique code in our database, maintaining their privacy. Users use identity credentials for sign-in and recovery, and the system identifies them using encrypted identities. The algorithm processes data into quantifiable variables for analysis, running a privacy check to filter out personal identifiers, ensuring that User conversations are stored without private information.

Intellectual Property Rights

Company retains all titles, rights and interests in and to the Platform including, but not limited to all software and applications used to provide and operate the Platform, including any source code, artwork, media, improvements, enhancements, updates, modifications or derivative works thereof, whether patentable or not.
The content available on the Platform, including but not limited to, AI-generated responses, User interactions, software, photographs, written content, images, graphics, audio, logos, video clips, and animations, is the exclusive property of the Company, its partners, licensors, and assignees. This content is protected under applicable intellectual property laws.
Users are prohibited from publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, publicly performing, or publicly displaying any of the materials or content on the Platform, in whole or in part, without obtaining prior written consent from the Company.
For permissions regarding modifying, publishing, transmitting, reproducing, creating derivative works from, or publicly displaying any materials or content on the Platform, Users must contact support@empaithy.com.
Company also owns and retains all right, title, and interest in and to the Empaithy™ Brand.

Third Party Links and Content

The Platform may feature links to external websites or platforms, which are not under the control of the Company. These external sites have their own Terms and privacy policies. When Users access these external sites through links on Our Platform, they leave the Platform's servers and are subject to the terms and conditions of the respective external website or Platform. We strongly advise Users to review the terms and conditions of these external sites before engaging in any transactions or activities.

The Company does not endorse, approve, or verify the content available on these external websites or Platforms. The inclusion of any third-party content or links on our Platform should not be interpreted as an endorsement by Us of that content, website, or Platform.

Compatible Devices and Use of OpenAI's API

In order to be able to view content on and use the Platform, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time (each such device, a "Compatible Device").
This mobile application is available to handheld mobile devices running Android OS or iOS operating systems. We will use reasonable efforts to make the application available at all times. However, You acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside our reasonable control.
We do not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Platform being unavailable.
Our platform elevates User experience by incorporating advanced AI processing capabilities through OpenAI's API. While using the cutting-edge technology provided by OpenAI, we employ Our unique inputs, fine-tuning processes, and data retrieval methods to tailor Our Services.
Regarding OpenAI's data usage policy for API clients, it is important to note that OpenAI does not utilize the data transmitted through the API to enhance their models. The data shared through our Platform during interactions with AI functionalities is not utilized by OpenAI for training their AI models.
Both OpenAI and Our Platform have implemented robust security measures to safeguard the integrity and confidentiality of User Information.
It is important to acknowledge that, despite Our efforts to optimize AI capabilities on Our Platform, the accuracy of AI-generated content cannot be guaranteed. Therefore, Users are advised to exercise judgment and discretion in their interactions with the Platform.

Limitation of Liability

In no event shall the Company, its officers, directors, employees, or agents be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage of any nature whatsoever, unauthorized access to or use of our secure servers and/or any and all personal information stored therein, interruption or cessation of transmission to or from our Platform, bugs, viruses, trojan horses, or the like which may be transmitted to or through our Platform by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the Platform.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Platform using Your account.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: support@empaithy.com
Address: 7/20 Industrial Area, Kirti Nagar - 110015, West Delhi, New Delhi, India