T&C – Amiga

Amiga Terms of Service

Welcome to Amiga, the mobile and online service of Kinera Technologies Private Limited (hereinafter referred to as “Amiga”, or “We”, or “Us” or “Our”). This document is a legally binding agreement between You and Kinera Technologies Private Limited, a private limited company registered in India at 503, BR Mansion, Gautami Enclave, Kondapur, Hyderabad 500 084. The domain name www.myamiga.in and all associated subdomains (hereinafter referred to as “Website”) and Amiga mobile application, web-based and online applications (“Mobile Software” or “Amiga App”) is owned and managed by Kinera Technologies Private Limited. This Terms of Service applies to all visitors, data subject, and others who access the Service (“User(s)” or “You/r”). This page explains the terms by which you may use Our Website, other websites maintained by Us relating to our Apps, Your use of Our mobile based and/or web browser based AI widget or application service, and/or professional Services provided via Amiga App (collectively referred to as the “Service(s)”). By accessing or using the Service, You signify that You have read, understood, and agree to be bound by this terms of service (“Terms and Condition”) and to the collection and use of Your Information as set forth in the Privacy Policy, and terms of any other policies of Amiga as may be applicable to You whether or not You are a registered User of Our Service. This Terms and Condition, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of Your data by Amiga, please read Our Privacy Policy.

You must agree to the Terms of Services and Privacy Policies of both Amiga and the Institution in order to proceed with using the Institutional Service. All policies will be made available to the users from the Amiga app and website

Where not specifically called out, use of uppercase or lowercase would carry the same meaning.

Initial Effective Date: October 1, 2022

Important Terms of Service:

If Your child(ren) have suicidal thoughts or planning to act on suicidal thoughts, or if You feel that He/She may be a danger to themselves or to others, or if Your child(ren) otherwise have any medical or mental health emergency or severe mental health condition, or if He/She are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country and notify the police or emergency medical services.
If You are less than 18 years of age, please read through the Amiga Privacy Policy and the Amiga Terms of Service with Your parent or legal guardian or check with Your Institution to understand eligibility before use. Amiga is to be used by parents only.
Your interaction with the AI enabled Amiga bot is with an AI system and not a human. The Amiga bot is restricted in the means of response, and the intended use is for providing evidence-based tools and techniques to manage behavioral challenges with children and encourage mental well-being in a self-help and self-monitoring context. It is not intended for providing diagnosis, treatment or cure of a condition or disease. Amiga bot cannot and will not offer advice on issues it does not recognize.
The Amiga counseling service is a text-based or audio-video based (not available in all regions) service. It will use child-centered supportive listening, motivational interviewing and evidence based approaches so that you can understand your child’s behaviors and learn how to manage these better.. It will use evidence-based techniques to provide empathetic and non-judgmental support. This will help you manage your situation better and build stronger relationships with your child(ren)
When you use our AI enabled and counseling service, you get parenting services which are not a replacement for treatment-focused therapy. Amiga counselors draw on various evidence-based psychological and behavioral techniques to provide empathetic and non-judgmental support to help parents understand their children better and raise them with greater awareness. The service being offered is thus an enabling and empowering mode of support. If any child is found to need a diagnosis, treatment or any other regulated service, under our protocols, the counselors focus on motivating the parents to seek out a licensed professional
Audio-Video based sessions with Amiga Bot or Amiga Counsellor are available only in select geographies. It may not be available in your region if not mentioned within the app.
Amiga Bot or Amiga Counseling services are not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability or provide any type of mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
By using the Amiga Bot or Amiga Counseling services, You understand and agree that the Counsellor assigned to work with You will be located remotely and may not be located in Your country or state of residence.
Amiga Bot or Amiga Counsellor cannot and will not offer medical or clinical advice. In case You mention the need for such advice, they will suggest that You seek advanced (medical) help.
Please first consult a healthcare professional before using the App, if Your child(ren) have any of the following conditions- Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleep walking, excessive daytime sleepiness, dizziness or tremors. The Amiga App may not be right for Your child(ren) if he/she are someone with a previously diagnosed mental or physical condition or disorder
We take great pains to keep Your conversations private and secure as outlined in our Privacy Policy. You can also keep Your conversations private and device secure by following the best practices outlined in the Privacy Policy.
For safety and security reasons, We strongly recommend that You keep Your conversations with Amiga App private. We strongly recommend that You set automatic updates of the Amiga App in the application manager settings of Your mobile device; to get the latest Amiga App-based features and fixes. Always exit the Amiga App version in Your mobile device by using the back button before upgrading to a newer version to prevent loss of ongoing or previous conversations.
Your submitted Data will be transferred, stored and processed in Our secure servers hosted by our cloud service providers. You understand and agree that We may transfer, store and process minimal data outside Your region to enable us to provide Our services. These could be to regions where data protection laws may be less stringent than those in Your country. Such data handling will be based on Our Privacy Policy.
The App and its services are primarily in the English language.
The App and its services cannot and should not be used by a third-party for Independent Research and Clinical Studies without the explicit permission of Amiga.

Who can Use the Service?

You may Use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Amiga, and only in compliance with all applicable local, state, national, and international laws, rules and regulations. You may use the App and services only if you are a parent. Amiga is not meant to be used by children, and anyone under 18 is strictly prohibited from creating an account and/or Using the Service.

When you use the Amiga Bot and/or Counseling Service,

You will be asked to register on the Amiga App and provide basic identifiers such as name and e-mail ID
You will be asked to also register your child(ren) and provide basic identifiers such as name and date of birth
You may be asked to set up an account with a 3rd party audio-video application provider.
You may be asked to provide your informed consent to use the services.
Without receiving these details/requested data, We will be unable to offer Our full Services.

Amiga reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Amiga.

Amiga License

Subject to Terms and Condition, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal use only and as permitted by the features of the Service. Amiga reserves all rights not expressly granted herein in the Service and the Amiga Content (as defined later in this agreement). Amiga may terminate this license at any time for any reason or no reason.

About Amiga Accounts

Creation of an Account via registration is currently required. The following terms shall apply.

You will be required to create an account with Amiga to avail certain Services with a username and password or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion.

When creating Your Account, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. You must notify Amiga immediately of any breach of security, unauthorized access to Your chats or other data, or unauthorized use of Your Account. Amiga will not be liable for any losses caused by any unauthorized use of Your Account.

You may never use another User’s Account.

You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.

What are the Service Rules?

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Amiga servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other Amiga Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Amiga shall have no liability for Your interactions with other Users, or for any User’s action or inaction.

About User Content

Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service (“User Content”)]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Amiga has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party’s trade secrets); (vii) contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any Information or content that You know is not correct and current; (ix) violates any school, Institution or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Amiga reserves the right, but is not obligated, to reject and/or remove any User Content that Amiga believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, You affirm, represent and warrant the following:

You have the consent of each and every identifiable natural person in the User Content to use such a person’s name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
Your User Content and Amiga’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. Amiga takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Amiga shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

User Content License Grant

By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Amiga a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

About Mobile Software

We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. Amiga does not warrant that the Mobile Software will be compatible with Your mobile device. Amiga hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Amiga Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing, conduct independent clinical studies without explicit permissions or similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Amiga may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Amiga or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (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. Amiga reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the Amiga Service.

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Amiga Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Amiga and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Amiga Content. Use of Amiga Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Amiga under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Amiga does not waive any rights to use similar or related ideas previously known to Amiga, or developed by its employees, or obtained from sources other than You.

No Professional Advice

If the Service provides any Information (e.g. medical or legal) including recommending tools and techniques (e.g. activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

About Privacy, Security, Third-Party Links and Monitoring

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable laws in India and globally to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk.

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Amiga. Amiga has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third-party. Amiga does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that this Agreement and Amiga’s Privacy Policy do not apply to Your use of such sites. You expressly relieve Amiga from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product and/or service.. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. Amiga encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software or service and to review the terms of service and privacy practices related to such third-party;

We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the Terms and Condition provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Amiga has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Amiga shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.

About Payments and Cancellations

The Services are provided to the Users on a free basis. No payment or subscription is required to download or use the services provided in the app.

Indemnity and Warranty

Indemnity

You agree to defend, indemnify and hold harmless Amiga and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party’s access and use of the Service with Your unique username, PIN, password or other appropriate security code.

No Warranty

The Service Is Provided On An “As Is” And “As Available” Basis. Use Of The Service Is At Your Own Risk. To The Maximum Extent Permitted By Applicable Law, The Service Is Provided Without Warranties Of Any Kind, Whether Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement. No Advice Or Information, Whether Oral Or Written, Obtained By You From Amiga Or Through The Service Will Create Any Warranty Not Expressly Stated Herein. Without Limiting The Foregoing, Amiga, Its Subsidiaries, Its Affiliates, And Its Licensors Do Not Warrant That The Content Is Accurate, Reliable Or Correct; That The Service Will Meet Your Requirements; That The Service Will Be Available At Any Particular Time Or Location, Uninterrupted Or Secure; That Any Defects Or Errors Will Be Corrected; Or That The Service Is Free Of Viruses Or Other Harmful Components. Any Content Downloaded Or Otherwise Obtained Through The Use Of The Service Is Downloaded At Your Own Risk And You Will Be Solely Responsible For Any Damage To Your Computer System Or Mobile Device Or Loss Of Data That Results From Such Download Or Your Use Of The Service.

Amiga Does Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Product Or Service Advertised Or Offered By A Third-Party Through The Amiga Service Or Any Hyperlinked Website Or Service, And Amiga Will Not Be A Party To Or In Any Way Monitor Any Transaction Between You And Third-Party Providers Of Products Or Services.

Limitation of Liability

To The Maximum Extent Permitted By Applicable Law, In No Event Shall Amiga, Its Affiliates, Agents, Directors, Employees, Suppliers Or Licensors Be Liable For Any Direct, Indirect, Punitive, Incidental, Special, Consequential Or Exemplary Damages, Including Without Limitation Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Losses, That Result From The Use Of, Or Inability To Use, This Service. Under No Circumstances Will Amiga Be Responsible For Any Damage, Loss Or Injury Resulting From Hacking, Tampering Or Other Unauthorized Access Or Use Of The Service Or Your Account Or The Information Contained Therein. To The Maximum Extent Permitted By Applicable Law, Amiga Assumes No Liability Or Responsibility For Any (I) Errors, Mistakes, Or Inaccuracies Of Content; (Ii) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To Or Use Of Our Service; (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 Service; (V) Any Bugs, Viruses, Trojan Horses, Or The Like That May Be Transmitted To Or Through Our Service By Any Third-Party; (Vi) Any Errors Or Omissions In Any Content Or For Any Loss Or Damage Or Injury Incurred As A Result Of The Use Of Any Content Posted, Emailed, Transmitted, Or Otherwise Made Available Through The Service; And/Or (Vii) User Content Or The Defamatory, Offensive, Or Illegal Conduct Of Any Third-Party. In No Event Shall Amiga, 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 Free Amiga Hereunder Or $100.00, Whichever Is Greater. For The Paid Subscription To Amiga Bot Service Or Amiga Counselor Service, The Aggregate Liability Of Kinera Technoligies Shall Be Limited To The Subscription Fee Paid By You For A Period Of Three (3) Months For The Services.

This Limitation Of Liability Section Applies Whether The Alleged Liability Is Based On Contract, Tort, Negligence, Strict Liability, Or Any Other Basis, Even If Amiga 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.

The Service is controlled and operated from facilities in India. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

Governing Law and Dispute Resolution

The App is controlled by Amiga from its offices in India. You agree that: (i) Access to, or use of, the App and Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the App and Service. We make no representation that the information contained herein is appropriate or available for use in other locations; (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Amiga, either specific or general, in jurisdictions other than Hyderabad, Telangana, India. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Hyderabad, Telangana for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Amiga without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

Amiga may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Amiga in Our sole discretion. Amiga reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Amiga is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Amiga may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms and Condition. If You do not agree to any of these terms or any future Terms and Condition, do not use or access (or continue to access) the Service.

Entire Agreement/Severability.

This Agreement and Terms and Condition, together with any amendments, policies and any additional agreements You may enter into with Amiga in connection with the Service, shall constitute the entire agreement between You and Amiga concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Amiga’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Who can You contact for additional questions, comments or concerns?

If You have any questions, comments, or concerns about this Agreement or practices, please contact us at hello@myamiga.in