1. NATURE AND APPLICABILITY OF TERMS

You are required to go through these terms and conditions (“Terms”) inclusive of the Privacy Policy, before you decide to access the Website or App and/or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and us in connection with your visit to the Website and /or App and your use of the Services (as defined below).

The Agreement applies to you whether you are –

A User, his/her/their authorised representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or

A user of the Website or App (“you” or “User”).

This Agreement applies to all Services made available by us via the Website and/or App. The Agreement will apply to your visit to and your use of the Website and/or App to avail the Services, as well as to all information provided by you on the Website and/or App at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and/or App and describes the manner in which we shall treat your account while you are registered as a User/ member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@bluai.ai

By downloading or accessing the App and/or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them, the same being binding on you, at all times.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. The nature and scope of Services may change, modify, expand and/or restrict from time to time, at our sole discretion of and you are required to, at your own risk, keep yourself updated at all times of any such modifications and/or change.

It is the sole responsibility of the User to read the Agreement on regular intervals. Your use of the App and/or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of the Website and/or App or to particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website and/or App or avail any Services.

Your access to use of the Website and/or App and the Services will be solely at our discretion. The Agreement is published in compliance of, and is governed by the applicable law for the being in force, including but not limited to :

The Indian Contract Act, 1872,

The Information Technology Act, 2000,

Digital Personal Data Protection Act, 2023 (‘DPDPA, 2023’), and

Any rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and Digital Personal Data Protection Rules, 2025.

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website and/or App in any manner. By registering, visiting and using the Website and/or App or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and/or App and the Services available through the Website and/or App, and agree to and abide by this Agreement.

3. END-USER ACCOUNT AND DATA PRIVACY

The terms such as ‘data’, ‘Data Fiduciary’, ‘Data Principal’, ‘Data Processor’, ‘Data Protection Officer’ “personal information/ personal data” and “sensitive personal data or information/ digital personal data’” have the same meaning as mentioned under Section 2 of the DPDPA 2023.

We and our Partners may by way of facilitating the Services, collect information relating to the devices through which you access the Website and/or App, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

The Website and/or App allows us and our Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics only.

The Privacy Policy forming part of this Agreement sets out :

The type of information collected from Users, including sensitive personal data or information;

The purpose, means and modes of usage of such information;

How and to whom we will disclose such information; and,Other information mandated by the Digital Personal Data Protection Act, 2023 (‘DPDPA,2023).

The User is expected to read and understand the Privacy Policy forming part of this Agreement, so as to ensure that they have the knowledge of :

the fact that certain information is being collected;

the purpose for which the information is being collected;

the intended recipients of the information;

the nature of collection and retention of the information; and

the various rights available to such Users in respect of such information.

We and our Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or any other information supplied by the User to us or to any other person acting on our behalf or our Partners.

The User shall be responsible for maintaining the confidentiality of the User’s account access information and password on the Website and/or App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify us of any actual or suspected unauthorized use of the User’s account or password. Although we will not be liable for your losses caused by any unauthorized use of your account, however you shall be liable for losses suffered by us or our Partners due to such unauthorized use, if any.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We will have the right to discontinue the Services to the User at our sole discretion.

It is your responsibility to keep your correct mobile number and email ID updated in the Website and/or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. We are not responsible for any loss or inconvenience caused due to your non-updation of your contact details

We and our Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

We may now or in the future provide Services where you may be able to converse with us, our authorized representatives, its healthcare providers or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in our or our Partner’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy and the applicable law. We and our Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing.

You may be provided with a personal health record facility to add, modify, delete and/or manage your health-related records and information. The specific terms (“Additional Terms”) relating to this are as below, without prejudice to the rest of Terms and the Privacy Policy:

This facility is only enabled or created for you after you have signed up and explicitly accepted the Additional Terms.

Information available in your health account is of two types:

User-created: Information generated and uploaded by you.

BluAccess-created: Information generated by you, consuming a medical service at BluAccess like consultation, diagnostic test, admission, etc.

Any BluAccess-created information is provided on an as-is basis, and we make no representation in connection therewith.

The accuracy, adequacy, reliability and liability of any User-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless BluAccess and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any User-created information entered or accessed by You or on your behalf on the Website and/or App.

The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, we and/or our Partners are not liable for any interruption that may be caused to your access of the Services.

Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. We are not liable if, for any reason, a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.

We use industry level security and encryption to your personal health record. However, we cannot guarantee prevention of unauthorized access if you lose your login credentials, or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to info@bluai.ai

If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal health record.

If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. We and/or our Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.

. LISTING CONTENT AND DISSEMINATING INFORMATION

We collect, directly or indirectly, and display on the Website and/or App, content related to our Services. We take reasonable efforts to ensure that such information is updated at frequent intervals. We cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

The Services provided by us or any of our Partners are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We and our Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. We and our Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, we and our Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by us or our Partners or any User in relation to any User or Services provided to such User.

The Website and/or App may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website and/or App. Inclusion of any link on the Website and/or App does not imply that we endorse the linked site. User may use the links and these third-party services at User’s own risk.

We and our Partners assume no responsibility, and shall not be liable for, any damages to, or external viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website and/or App or the downloading of any material, data, text, images, video content, or audio content from the Website and/or App. If a User is dissatisfied with the Website and/or App, User’s sole remedy is to discontinue using the Website and/or App.

4. DATA COLLECTION AND PROCESSING

4.1. As part of using our AI-powered Services, we collect, process, and store data that you provide (“User Content”), including but not limited to :

Personally identifiable information (name, email address, contact details).

Communication data (questions, interactions, reviews and feedback submitted to the Platform).

Usage data (logs, IP addresses, browser types, timestamps, interaction records).

Behavioural data (patterns of usage, clickstreams, preferences).

We take the privacy and security of such User Content seriously. The collection and use of such User Content are governed by our Privacy Policy as well as applicable laws for the time being in force. By using our Services, you consent to the collection and processing of User Content for operational and analytical purposes, such as:

Improving the accuracy and efficiency of the Website and/or the App.

Enhancing the User experience.

Analysing user behaviour to tailor Services.

Detecting and preventing fraud or misuse.

You can request the deletion of User Content by contacting us info@bluai.ai, but please note that some data may be retained for legal or operational purposes.

5. PRIVACY POLICY

At BluAccess, we are committed to protecting your privacy and ensuring that your personal data is processed responsibly. This Privacy Policy outlines how we collect, process, share, and protect your personal data in accordance with the Digital Personal Data Protection Act, 2023 (“DPDPA, 2023”) and any other applicable law, rules, regulation and guidelines.

Legitimate Uses of Personal Data

We may process your Personal Data for the following legitimate uses:

Personal Data provided by you voluntarily for a specific purpose will be processed accordingly unless you explicitly withdraw your consent.

We may process personal data provided to us by the government or its instrumentalities to offer services such as subsidies, benefits, certificates, or licenses in accordance with applicable laws.

Your personal data may be processed for compliance with State or Central Government laws, judgments, or court orders in India.

We may use your data in situations of medical emergencies or for public health purposes, such as during an epidemic or any threat to public health, to ensure your safety.

Our General Obligations as a Data Fiduciary:

As a Data Fiduciary, we are responsible for processing your personal data in compliance with the provisions of the DPDPA 2023:

We may engage third-party Data Processors to process your personal data under a valid contract. Such third parties will adhere to the same data protection obligations as we do, under the applicable laws for the time being in force.

We strive to ensure that the personal data processed is accurate, complete, and consistent when used to make decisions affecting you or when shared with other fiduciaries.

We implement reasonable technical and organizational measures to prevent unauthorized access, alteration, or breaches of your personal data. In the event of a data breach, we will notify the Data Protection Board and affected individuals promptly.

We will erase your personal data upon withdrawal of consent or when it is no longer necessary for the specified purpose, unless retention is required by law.

Processing of Personal Data of Children:

We require verifiable consent from a parent or lawful guardian before processing the personal data of children under 18 years of age.

We do not track, behaviourally monitor, or target advertising toward children.

Right to Access Personal Data

As a Data Principal, you have the right to request and access your personal data:

You may request a summary of your personal data being processed and the purposes of processing.

We will provide details of any third parties or data processors with whom your data has been shared, except for certain legal or law enforcement purposes.

Any additional information regarding your data and its processing can also be requested in accordance with the law.

Right to Correction and Erasure of Personal Data

You have the right to request:

If your personal data is inaccurate or incomplete, you may request corrections.

You may request the deletion of your personal data by emailing the Data Protection Officer, when it is no longer required for the specified purpose or if you have withdrawn your consent, unless such retention is required by law.

Grievance Redressal

If you believe that your data has been mishandled or if your rights have been violated, you have the right to file a grievance. To do so, please send an email to the Data Protection Officer at the address provided under Clause 17 (2) of the Agreement, in the following manner:

Subject Line : Clearly mention “Grievance Redressal Request” to ensure prioritization.

Personal Details: Provide your name, contact information, and any relevant identification to verify your identity.

Detailed Description: Clearly describe the nature of your grievance, including the specific incident, how your data was mishandled, or the rights violated under the Act.

Supporting Evidence: Attach any relevant documents, screenshots, emails, or other evidence that support your claim.

Date of Incident: Mention when the issue occurred or came to your attention.

Relief Sought: Specify what resolution or action you are seeking (e.g., data correction, deletion, or further investigation)

Reference: Include any reference number or details of prior communications related to the grievance, if applicable.

We will respond to any grievance within a prescribed period, generally within 30 days, as required by the law. Right to Nominate

You may nominate an individual to exercise your data rights in the event of your death or incapacity. This nomination can be updated at any time.

Incapacity refers to a situation where you are unable to exercise your rights due to unsoundness of mind or physical infirmity

Duties of Data Principals

As a Data Principal, you have the following responsibilities:

You must comply with all relevant laws when providing your personal data.

Ensure that the information you provide is accurate and not fraudulent.

Do not file frivolous grievances or complaints.

Furnish only verifiable information when exercising your rights to correct or erase personal data.

Processing of Personal Data Outside India

The Central Government may restrict the transfer of personal data to certain countries or territories outside India as notified.

Any other law in India that provides for higher protection of personal data will prevail over this policy, and we will comply with such laws when transferring data outside India.

For any queries or concerns regarding this Privacy Policy or your personal data, please contact our Data Protection Officer at: Email : info@bluai.ai & US : +1 302-238-1512, India : +91 172-456-8962

6. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

The contents listed on the Website and/or App are:

User generated content,

Belongs to us and our Partners, as the case may be,

Copying of the copyrighted content published by us or our Partners on the Website and/or the App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and we and our Partners reserve their rights to take action under applicable law accordingly.

We authorize the User to view and access the content available on or from the Website/App solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website/App including but not limited to, information, text, graphics, images, logos, button icons, Al training data and models, software code, design, and the collection, arrangement and assembly of content on the Website and/or App (collectively, “BluAccess Content”), are the property of BluAccess and/or its Partners and are protected under patent, copyright, trademark, design and other applicable laws. User shall not modify the BluAccess Content or reproduce, display, publicly perform, distribute, or otherwise use the BluAccess Content in any way for any public or commercial purpose or for personal gain.

User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

INTELLECTUAL PROPERTY RIGHTS

The contents of the Website and/or App are protected by intellectual property laws of India including without limitation to Trademark, Copyright, Design and/or Patent laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and/or App are prohibited. All BluAccess Content, as defined hereinabove and all the logos, service marks, trademarks, structure, colour scheme, all content (literary/ dramatic/ artistic), copyright, patents, design, software, AI models, algorithms, and any materials provided/displayed on the Website or App are the sole (“Intellectual Property”) of BluAccess or its Partners or have been licensed to BluAccess or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by us or our Partners and shall not copy, transmit or create derivative works of such material without express authorization from BluAccess or its Partners.

Users hereby grant to us and our Partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:

Displaying Users’ Content on Website or App.

Storing Users’ Content in a remote database accessible by end users, for a charge;

This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website and/or App that is protected by Copyright, Trademark, Patents, Design (pending and registered) or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any Intellectual Property or other proprietary content distributed on or through the Website and/or App with the consent of the owner must contain the appropriate Intellectual Property or other proprietary rights notice. The unauthorized submission or distribution of Intellectual Property or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website and/or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Intellectual Property without any written permission from us.

7. REVIEWS AND FEEDBACK

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). Our role in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. We disclaim all responsibility with respect to Critical Content.

Your publication of reviews and feedback on the Website is governed by Clause 10 of this Agreement. We, at our sole discretion, may choose not to publish your reviewsand feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that we may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website, App or our Services; and/or

Obtaining feedback in relation to any diagnostic tools/medical service providers on the Website or App; and/or

Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by us. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

As mandated by applicable laws and rules, Users are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;

is grossly harmful, false, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harm minors in any way;

infringes any Intellectual Property or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website, App or any BluAccess Content;

transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by us;

intentionally submitting any incomplete, false or inaccurate information;

making any unsolicited communications to other Users;

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/App; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;

copying or duplicating in any manner any of the BluAccess Content or other information available from the Website or App;

framing or hot linking or deep linking any BluAccess Content.

We and/or our Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses above, shall be entitled to remove or disable access to the material or information that is in contravention of this Agreement. We are entitled to act, as required by the applicable law, within 36 (thirty-six) hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by a User, we have the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from therefrom.

We may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. We will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

We may make available software to access the Service via the App using a mobile device. We do not warrant that the App will be compatible with User’s mobile device. We hereby grant the User a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one User account on one mobile device owned or leased solely by the User, for your personal use. User may not:

modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;

rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party;

make any copies of the App;

remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or

delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App thatyou are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we and our Partners retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserves all rights not expressly granted under this Agreement.

TERMINATION

We reserve the right to suspend or terminate a User’s access and for account to the Website and/or App and the Services with or without notice and to exercise any other remedy available under law where:

Such User breaches any terms and conditions of the Agreement;

A third party reports violation of any of its right as a result of your use of the Services;

We are unable to verify or authenticate any information provide to us by a User;

We have reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

We believe, in our sole discretion, that User’s actions may cause legal liability for such User, other Users or for us or our Partners or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website and/or the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website and /or App by such User. The User shall ensure that they have continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

8. DISCLAIMER OF WARRANTIES

All information available on the Website and/or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. We and our Partners will not be responsible for the same. Further, we and our Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.

The Information does not constitute an invitation or recommendation to take Services from us or our Partners nor is such Information a substitute for professional advice or solicitation in respect of medical and healthcare services/ products or recommendation thereof. We urge the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.

All Information on the Website and/or the App is provided to you “as is” without warranty of any kind, either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, completeness of the AI outputs or accuracy. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.

9. LIMITATION OF LIABILITY

The Information could include inaccuracies or typographic errors. We have endeavoured to ensure that all the Information is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data or information contained. We make no warranty, express or implied, concerning the Website and/or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Website.

In no event shall we or our Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

the use or the inability to use the Services;

unauthorized access to or alteration of the User’s transmissions or data;

any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/App.

Neither shall the we be responsible for the delay or inability to use the Website, App, Services or any related Services, the provision of or failure to provide services, or for any Information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise.

Further, we shall not be held responsible for non-availability or access to the Website and/or App during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any reason beyond our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website/App is done entirely at their own discretion and risk and the User themself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

10. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from:

breach of contract,

breach of warranty, negligence, or

any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

11. OFFENCES

The User must not misuse our Website/App by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. The User must not attempt to gain unauthorized access to our Website/ App, the server on which our Website/ App is stored or any server, computer or database connected to our site. The User must not attack our Website/ App via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, the User would commit a criminal offence under the Information Technology Act, 2000 (and any amendments thereof). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App will cease immediately.

12. INDEMNITY

1. The User agrees to defend, indemnify and hold harmless us and our Partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

User’s use of and access to the Service and Website/ App

User’s violation of any term of this Agreement;

User’s violation of any third party right, including without limitation, any intellectual property or any other right; or

any claim that User Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website/App.

13. GOVERNING LAW AND JURISDICTION

This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the laws of India.

In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the Parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration. All disputes, differences, complaints etc., shall be be referred for adjudication to a Sole Arbitrator appointed by the us, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be

___________________. All arbitration proceedings shall be conducted in English. The Courts at ________ alone shall have exclusive jurisdiction.

The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.

Nothing contained in these Terms & Conditions shall prevent us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any Court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of BluAccess to pursue any remedy for monetary damages through the arbitration described herein.

14. CONTACT INFORMATION FOR REPORTING GRIEVANCE(S) / GENERAL ISSUE(S)

If a User has any questions concerning BluAccess, the Website and/or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at info@bluai.ai.

In accordance with the DPDPA 2023 & Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website and/or App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Data Protection Office/Grievance Officer at info@bluai.ai.

15. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

16. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by us. Any consent by us to, or a waiver by us of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

17. ACCEPTING THE TERMS OF USE

You hereby accept the fact that you have read, understood and are willing to abide by the above Terms and Conditions.