{"service":{"name":"Maya","url":"http://plackal.in/terms-and-privacy-policy/","lang":"ENG","sector":"Health","hq":"India","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Terms and Privacy Policy\nTERMS OF USE\nPlease read the following terms of use (“Terms of Use” or “Terms”) of the application, Maya (“Application”).\nFor the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal\nperson who has agreed to become a registered User on the Application by providing registration data while registering on\nthe Application. The term “We”, “Us”, “Our” shall mean Plackal Techno Systems Private Limited (“Maya” or the\n“Company”, which expression shall, wherever the context permits, admits or requires, be deemed to mean and include its\nsuccessors in interest and permitted assigns). The Application is owned and operated by the Company. Please read the\nTerms carefully before logging in, or using in any manner whatsoever the Application.\nYou will be bound by the Terms of Use set forth herein and the Privacy Policy available here http://plackal.in/terms-and-\nprivacy-policy/. These Terms of Use and the Privacy Policy constitute a valid and legally binding agreement between You\nand Us, Plackal Techno Systems Private Limited. By logging in, or using the Application, You agree to be bound by these\nTerms, the Privacy Policy including any additional guidelines and future modifications. If You find any of these Terms or\nany provisions of the Privacy Policy unacceptable, do not tender Your acceptance to use the Application or any of its\nfeatures. You acknowledge that the Company is providing You with a revocable, limited, non-exclusive, and non-\ntransferable license to use the features of the Application.\nThis document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as\napplicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This\nelectronic record is generated by a computer system and does not require any physical or digital signatures.\nWhen You use the Application You will be subject to these Terms of Use. We may update these Terms of Use from time to\ntime and will notify You as and when We do so. Please ensure You read our Terms of Use and any updated version when\nYou use the Application.\nCompany and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require.\n \n1.0       Acceptance of Terms\n1.1       These Terms set forth a legally binding contract between You and Us. By using the Application, You agree to be\nbound by these Terms. Even if You only visit this Application or review any of the services offered by Us, You will be\nbound by these Terms. If You do not accept these Terms You must not use the Application.\n1.2       To accept these Terms, You must be at least 18 (eighteen) years of age or such other older legal age as is\nrequired in Your jurisdiction to form a legally binding contract in Your jurisdiction. In the event that You are below 18\n(eighteen) years of age or such other older legal age as is required in Your jurisdiction to form a legally binding contract,\nplease ensure that Your guardian accepts these Terms and has read and understood the provisions of the Privacy Policy\non Your behalf.\n1.3        In consideration of Your use of the Application, You represent that You are of legal age to form a binding contract\nand are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You\nalso agree to:\nprovide true, accurate, current and complete information about Yourself as prompted on the Application;\nmaintain and promptly update Your data to keep it true, accurate, current and complete.\n1.4        If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable\ngrounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend\nor terminate Your account and refuse any and all current or future use of the Application (or any portion thereof) at any\ntime.\n1.5        You may access the Application as available for Your personal use.\n1.6        You will be required to enter a valid phone number while registering on the Application. By registering Your phone\nnumber with us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any\nsubscription/service updates.\n\n \n2.0       Services\n2.1        To avail any services offered by the Company, You will have to register with the Application to create Your\naccount. You may then update the Application with personal information relating to You.\n2.2        The Company offers You a technology platform via the Application which facilitates You to update Your\ninformation to help You track Your period cycles (“Cycles”), flow duration and also help predict Your next Cycle contingent\nto the information update by You.\n2.3        The Company does not guarantee the consistency or the stability of the Application. Further, any services\nprovided by the Company may be subject to change at the discretion of the Company, and the Company does not require\nYour permission for the same.\n2.7        The Application also automatically syncs the data entered by You to Your registered e-mail address.\n2.8        The Application allows You to password protect it, in the event that You wish to do so.\n \n3.0       Premium Services\n3.1        You may use our premium services by paying an amount as specified in the Application to avail exclusive\npremium services. These premium services may be different for each user of the Application.\n3.2        Any payments made to the Company in respect of premium services are non-refundable and there are no refunds\nor credits for partially used periods.\n3.3        The Company may at its discretion revise the amount payable in respect of premium services, and any services\nthat may be applicable to premium Users. The Company also does not guarantee that the exclusive services will remain\nexclusive only to a premium User, these services may also be provided to users who have not paid the requisite fee to\nupgrade their services to premium.\n \n4.0       Health Disclaimer\n4.1        Any information provided to You through this Application, including, but not limited to, any predictions, and/or\nadvice should not be treated as medical advice, diagnosis or treatment. We suggest You consult a qualified Doctor for any\nqueries or clarifications about Your Cycles or health in general.\n4.2        The Company shall not be held responsible for any reason whatsoever, if You use this website Application as a\nmethod of contraception or conception. The purpose of this Application is to keep track of Your Cycles according to the\ndates entered by You.\n4.3        PLEASE NOTE, THE COMPANY, ITS OFFICERS, AND EMPLOYEES ARE NOT QUALIFIED TO GIVE\nMEDICAL ADVICE OR PROGNOSIS AND WE DO NO’T GIVE ANY SUCH MEDICAL ADVICE. PLEASE CONSULT\nYOUR DOCTOR FOR ANY PROBLEMS.\n4.4        You expressly waive and release any claim that You may have against the Company or its directors, employees,\nagents, contractors, affiliates and representatives at any time for any health concerns issues of any kind that You may\nexperience as a result of Your use of the Application.\n4.5        The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or\nother information that may be mentioned on the Application. Reliance on any information provided by the Company,\nemployees, others appearing on the Application is solely at your own risk. The Application and any content on it is\nprovided on an “AS IS” basis.\n \n5.0        User Account, Password and Security\n\n5.1         If You download the Application, You may be required to choose a password, passcode, and nick name. You are\nresponsible for maintaining the confidentiality of Your password, passcode and account information, and are fully\nresponsible for all activities that occur under Your password, passcode or account. If there is any compromise on Your\npassword and/or Your passcode You can change Your password and or passcode using the ‘forgot password’ and/or\n‘forgot passcode’ functionality.\n \n6.0       Prohibited Conduct\n6.1        You agree that You shall not use the Application in order to host, display, upload, modify, publish, transmit,\nupdate, distribute, share, store or destroy material:\nin violation of any applicable law or regulation;\nin a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary\nrights of others or violate the privacy, publicity or other personal rights of others;\nthat belongs to another person and to which the user does not have any right to;\nthat is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,\ninvasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging,\nrelating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;\nharm minors in any way;\ndeceives or misleads the addressee about the origin of such message or communicates any information which is\ngrossly offensive or menacing in nature;\nimpersonate another person or entity;\ncontains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the\nfunctionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or\nsite;\nthreatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of\npublic order or causes incitement to the commission of any cognizable offence or prevents investigation of any\noffence or insulting any other nation.\n6.2        If You become aware of misuse of the Application by any person, please contact email@plackal.in\n \n7.0        Termination or Suspension of Account\n7.1        You agree that the Company may at any time and for any reason, terminate Your access to the Application, or\nrestrict or suspend Your access to all or any part of the Application at any time, for any or no reason, with or without prior\nnotice, and without liability. If there is a suspicion of untoward or illegal activity, we may suspend Your account\nimmediately.\n \n8.0        Preservation/Disclosure\n8.1        You acknowledge, consent and agree that the Company may access, preserve and disclose Your account\ninformation if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably\nnecessary to:\ncomply with legal process nationally or internationally;\nenforce this Agreement;\nrespond to claims that any Content violates the rights of third parties;\nprotect the rights, property or personal safety of the Company, its users and the public; or\npursuant to the terms of the Privacy Policy (http://plackal.in/terms-and-privacy-policy/).\nwe may use Your information to reach You for marketing or promotional purposes through any channel.\n\n \n9.0         Security Components\n9.1         You understand that the Application and software embodied within the Application may include security\ncomponents that permit digital materials to be protected, and that use of these materials is subject to usage rules set by\nthe Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security\ncomponents and usage rules embedded into the Application.\n \n10.0      Proprietary Rights\n10.1      All materials on the Application, including, without limitation, names, logos, trademarks, images, text, columns,\ngraphics, graphs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights,\ntrademarks and/or other intellectual property rights owned and controlled by the Company. You acknowledge and agree\nthat all Material on the Application is made available for limited, non-commercial, personal use only. Except as specifically\nprovided herein or elsewhere in the Application, no Material may be copied, reproduced, republished, sold, downloaded,\nposted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the\nCompany’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any\nunauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Application or\nany part of the Material for any purpose other than its intended purposes is strictly prohibited.\n \n11.0       Maya and Links to Third Parties\n11.1       Our Application may contain links to other apps or websites owned by third parties (i.e. advertisers, affiliate\npartners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the\nproducts or offerings of, any of these businesses or individuals, or the accuracy of the content of their applications or\nwebsites. The Company does not assume any responsibility or liability for the actions, product, and content of any such\napplications or websites. Before You access or visit any third party applications or websites, You should review the\napplicable terms of use and prevailing policies for such applications or websites. If You decide to access any such third\nparty platform, You do so at Your own risk.\n \n12.0       International Use\n12.1       Due to the global nature of the Internet, You agree to comply with all applicable local (Indian) laws and regulation\nrules regarding use of the Application. Specifically, You agree to comply with all applicable laws regarding the\ntransmission of technical data exported from India or the country in which You reside.\n \n13.0     Trademark, Copyright and Restriction\n13.1      The Application is proprietary software developed and made available exclusively by the Company. The Company\nis the sole owner of the Application, and all software created to make the Application available to You. The Company\nprovides You with a single limited license to download, use and access the Application on Your mobile telephone devices\nfor the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All\ncontent on the Application, which is including, but not limited to, designs, text, graphics, graphs, images, information,\nlogos, button icons, software, audio files and any other content (“Content”)  are the exclusive and sole property of the\nCompany.\n13.2      All icons and logos are trademarks of and proprietary to the Company. The unauthorized copying, modification,\nuse or publication of these marks is strictly prohibited.\n13.3      All Content is the exclusive copyright of the Company or its licensors, except the Third Party Content and link to\nthird party apps or websites. Systematic retrieval of the Company’s Content to create or compile, directly or indirectly, a\ncollection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes)\nwithout written permission from the Company is prohibited. In addition, use of the Content for any purpose not expressly\npermitted by the Company in these Terms is prohibited and may invite legal action.\n\n13.4      All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights,\ntrademarks, and other intellectual property rights. Material on the Application is solely for Your personal, non-commercial\nuse. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by\nemail or other electronic means and whether directly or indirectly and You must not assist any other person to do so.\nWithout the prior written consent of the Company, modification of the Content, use of the Content on any other website,\nApplication or networked computer environment or use of the materials for any purpose other than personal, non-\ncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for\nwhich You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.\n13.5      The Company respects the intellectual property of others. In case You feel that Your trademark or copyright has\nbeen infringed, You can write to us at email@plackal.in.\n \n14.0     Terms and Termination\n14.1.      These Terms of Use shall remain in full force and effect for so long as You use the Application. You may delete\nYour account at any time, for any reason, by following the instructions on the Application. The Company however does not\noffer any refunds.\n14.2       The Company reserves the right to terminate the services or the Application without prior notice. Your account or\nYour access to the Application maybe terminated immediately, with or without notice to You, and without liability to You, if\nthe Company believes that You have breached any of these Terms, the Privacy Policy, or any false or misleading\ninformation, or interfered with use of the Application by others.\n14.3       The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been\ncompromised, or is being used fraudulently, at its own discretion.\n \n15.0       Disclaimer of Warranties and Liability\n15.1       All Material on this Application, (including but not limited to software) and services, included on or otherwise\nmade available to You through this Application are provided on “AS IS” and “AS AVAILABLE” basis without\nany representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the\nforgoing paragraph, the Company does not warrant that:\nThe Application will be constantly available, or available at all; or\nThe information on the Application is complete, true, accurate or non-\n15.2       The Company will not be liable to You in any way or in relation to the Material, or use of, or otherwise in\nconnection with the Application. The Company does not warrant that the Application, information, content, materials,\nproduct (including software) or services included on or otherwise made available to You through the Application are free of\nviruses or other harmful components.\n15.3       Nothing on the Application constitutes, or is meant to constitute, advice of any kind.\n15.4       SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES’, OR ITS\nAGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE\nAFORESAID SERVICES SHALL EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY THE\nCOMPANY FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.\n \n16.0       Exclusions and Limitations\n16.1      Those who access or use the Application from other jurisdictions do so at their own volition and are responsible\nfor compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or\nexclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above\nlimitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.\n \n\n17.0      Indemnity\n17.1      You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors,\nofficers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages,\nobligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:\nYour use of and access to the Application;\nYour violation of any Terms and the Privacy Policy contained herein;\nYour violation of any third party right, including without limitation any copyright, property, or privacy right.\n \n17.0     Additional Terms\n18.1      We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain\npromotions or activities available through the Application, to obtain certain premium Content through the Application, or for\nother reasons. These additional terms are part of this Agreement, and You agree to comply with them when You\nparticipate in those promotions, or otherwise engage in activities governed by such additional terms.\n18.2      We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the\nservice or any of the Application (or any portion thereof) with or without notice. You agree that we will not be liable to You\nor to any third party for any such modification, editing, deletion, suspension or discontinuance of the Application.\n18.3      This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but\nmay be assigned by the Company without restriction.\n18.4      This Agreement together with the Privacy Policy and any other legal notices published by the Company on the\nApplication, shall constitute the entire agreement between You and the Company concerning the Application and governs\nYour use of the Application, superseding any prior agreements between You and the Company with respect to the\nApplication.\n18.5      The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a\nwaiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid,\nthe Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the\nprovision, and the other provisions of this Agreement remain in full force and effect.\n18.6      These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the\nexclusive jurisdiction of courts located in Bangalore.\n \n19.0     Grievance Officer\n19.1      In case of any grievance arising from the use of the App, please contact the Grievance Officer, the details of\nwhich are set forth below:\nGrievance Officer: Name: John Paul  Contact: email@plackal.in\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}