Effective Date: April 18, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION.

1. ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User” or “you”), and Cosmoworld healthcare pvt ltd, located at 55, VIMAL VIHAR, Sikandra Bodla Road, Sikandra, Agra, Uttar Pradesh, 282007, (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Saraswat Hospital mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “App”).

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.

2. DESCRIPTION OF SERVICE

The App provides users with a tool designed to generate simulated, illustrative, and hypothetical visualizations of potential outcomes following a hair transplant procedure (“Simulations”). The App utilizes user-provided information, which may include photographs and responses to specific prompts, to generate these Simulations based on proprietary algorithms.

3. IMPORTANT DISCLAIMERS – NO MEDICAL ADVICE
4. Simulation Only; Not a Guarantee: The Simulations generated by the App are intended for informational and illustrative purposes ONLY. They are based on algorithms and user input and represent potential, hypothetical appearances. They are NOT predictions, promises, or guarantees of the actual results you may achieve from any hair transplant procedure. Actual results vary significantly based on numerous factors, including but not limited to individual physiology, hair characteristics, donor area limitations, the specific surgical technique employed, the skill and experience of the surgeon, post-operative care, and individual healing response.
5. Not Medical Advice: The App and its content, including all Simulations, text, graphics, images, and other material contained therein, do NOT constitute medical advice, diagnosis, or treatment recommendations. The App is NOT a substitute for professional medical advice, evaluation, or treatment from a qualified healthcare provider, such as a licensed physician or dermatologist specializing in hair restoration.
6. Consult a Professional: You MUST consult with a qualified and licensed medical professional or hair transplant surgeon to discuss your specific condition, suitability for a hair transplant, potential risks, benefits, expected outcomes, and available treatment options. Do not disregard professional medical advice or delay in seeking it because of something you have seen or generated using this App.
7. No Doctor-Patient Relationship: Your use of the App does not create a doctor-patient or any other healthcare provider-patient relationship between you and the Company or any of its affiliates, employees, or agents.
8. Accuracy Limitations: While we strive to provide useful simulations, the accuracy, reliability, completeness, or timeliness of the Simulations generated by the App cannot be guaranteed. Factors such as image quality, lighting conditions in user-provided photographs, the accuracy of user responses, and inherent limitations in simulation technology can affect the output.
9. No Endorsement: The App does not endorse or recommend any specific surgeon, clinic, procedure, product, or treatment plan. Any information provided should not be interpreted as an endorsement.
10. ELIGIBILITY

You must be at least eighteen (18) years of age and possess the legal authority to enter into these Terms to use the App. By using the App, you represent and warrant that you meet these eligibility requirements. If you are using the App on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

5. LICENSE GRANT

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single mobile device that you own or control solely for your personal, non-commercial use.

6. USER OBLIGATIONS AND CONDUCT

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

1. Use the App in any way that violates any applicable federal, state, local, or international law or regulation.
2. Provide false, inaccurate, or misleading information.
3. Upload or transmit any material that is illegal, defamatory, obscene, offensive, infringing, or otherwise objectionable.
4. Upload photographs or images of any individual other than yourself without their explicit, legally valid consent.
5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the App.
7. Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
8. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
9. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
10. USER CONTENT
11. Ownership: You retain all ownership rights to the photographs, data, and other information you submit to the App (“User Content”).
12. License to Company: By submitting User Content to the App, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content solely for the purpose of operating, developing, providing, and improving the App and its functionalities, including generating the Simulations requested by you. This license terminates when you delete your User Content or your account, subject to residual copies persisting in backups for a reasonable period.
13. Responsibility: You are solely responsible for your User Content and the consequences of submitting and processing it using the App. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit the User Content and to grant the license set forth herein.
14. INTELLECTUAL PROPERTY RIGHTS

Other than User Content, the App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The [App Name] name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

9. PRIVACY POLICY

Your use of the App is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy [Link to Privacy Policy] to understand our practices regarding the collection, use, and disclosure of your personal information and User Content.

10. MODIFICATION AND TERMINATION
11. Modification: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you. We may also update the App, which may occur automatically or require action by you.
12. Termination by Company: We may terminate or suspend your access to all or part of the App immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever, including without limitation if you breach these Terms.
13. Termination by User: You may terminate these Terms by deleting the App and discontinuing its use.
14. Effect of Termination: Upon termination, your right to use the App will immediately cease. Provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE APP OR THE SIMULATIONS GENERATED THEREBY.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SIMULATIONS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER, IF ANY, OR [Specify Amount, e.g., ₹4000 INR or $50.00 USD], WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information or Simulations obtained from the App, or your reliance thereon.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and your use of the App shall be governed by and construed in accordance with the laws of India, and specifically the State of Uttar Pradesh, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the competent courts located in Agra, Uttar Pradesh, India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. [Alternatively, consider an arbitration clause if preferred, specifying rules like the Indian Arbitration and Conciliation Act, 1996].

14. SEVERABILITY

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Cosmoworld Healthcare Pvt Ltd regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

16. WAIVER

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. CONTACT INFORMATION

All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: saraswathospitalagra@gmail.com or saraswathospitalagra.promotion@gmail.com