Terms & Conditions

EDISCAS

WEBSITE TERMS & CONDITIONS

Effective Date: October 1, 2024 | Last Updated: October 1, 2024

These Website Terms & Conditions ("Terms") govern your access to and use of the Ediscas website, online portals, digital interfaces and related website services made available by EDISCAS CONSULTING SERVICES PRIVATE LIMITED (CIN: U62099TS2023PTC173282), a company incorporated under the laws of India ("Ediscas", "we", "us" or "our").

By accessing or using the Ediscas website or any functionality made available through it, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the website.

These Terms should be read together with the Ediscas Privacy Policy and Ediscas Cookie Policy, each of which forms part of the legal framework applicable to your use of the website.

Ediscas is a business-to-business data and technology company engaged in the lawful procurement, sourcing, organization, processing, transformation, structuring, de-identification, aggregation, analysis, development, licensing and commercialization of data and data-related services.

Depending on the transaction, Ediscas may work with:

businesses and enterprises;

data providers;

research organizations;

healthcare and life-sciences organizations;

technology companies;

artificial intelligence and machine-learning companies;

robotics companies;

software companies;

research institutions;

other commercial and institutional customers.

Ediscas may make datasets and related services available for purposes including, where legally permitted and contractually authorized:

artificial intelligence and machine-learning development;

model training and fine-tuning;

model evaluation and benchmarking;

software development;

robotics development;

research;

analytics;

product development;

scientific and technical research;

healthcare and life-sciences applications;

commercial data analysis; and

other agreed commercial or research purposes.

The specific rights, restrictions and permitted uses applicable to any dataset are governed by the applicable commercial agreement, data license, Order Form, Statement of Work, Dataset Rights Profile or other applicable transaction document.

Nothing on the Ediscas website itself grants a license to any dataset or other proprietary Ediscas material unless expressly stated otherwise.

By accessing or using the website, you represent that:

you have read and understood these Terms;

you have the legal capacity to enter into these Terms;

if you are accessing the website on behalf of an organization, you are authorized to bind that organization; and

you will comply with these Terms and all applicable laws.

If you are accessing the website on behalf of a company, partnership, government organization, research institution or other legal entity, references to "you" include both you individually and that organization.

For purposes of these Terms:

means all laws, regulations, rules, regulatory requirements, governmental orders and legally binding requirements applicable to a party, the website, a transaction, a dataset or the relevant processing activity.

means any individual or legal entity that enters into a commercial relationship with Ediscas.

means information, records, datasets, files, documents, content, observations, measurements, metadata or other information in digital or other form.

means a collection of Data made available, licensed, supplied, processed, generated, transformed or otherwise provided by Ediscas or on its behalf.

means information relating to an identified or identifiable natural person, or any equivalent concept recognized under Applicable Law.

has the meaning assigned to it under Applicable Law and includes, as applicable, collecting, receiving, accessing, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing, transmitting, combining, restricting, deleting, anonymizing, de-identifying, aggregating or otherwise handling information.

means the Ediscas website and any related web pages, portals, interfaces or online services operated by or on behalf of Ediscas.

Subject to these Terms, Ediscas grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Website for lawful business, informational, research and communication purposes.

You must not use the Website:

for any unlawful purpose;

to violate Applicable Law;

to infringe intellectual property, privacy, confidentiality or other rights;

to interfere with the operation or security of the Website;

to introduce malicious code, malware, viruses or other harmful material;

to attempt to gain unauthorized access to systems, accounts or data;

to conduct unauthorized vulnerability testing or penetration testing;

to scrape, crawl or systematically extract Website content except where expressly authorized by Ediscas;

to impersonate another person or organization;

to misrepresent your identity or affiliation;

to use the Website to develop or operate a competing service through unauthorized extraction of Ediscas materials; or

to circumvent technical, contractual or access restrictions.

The Website may allow you to:

contact Ediscas;

submit business inquiries;

request information;

request dataset samples;

request demonstrations;

request pricing;

submit procurement requirements;

communicate with Ediscas representatives; or

initiate discussions concerning potential data or technology transactions.

Submitting an inquiry does not create a commercial agreement.

No Dataset, service, license, subscription, exclusivity arrangement or other commercial right is granted merely because information is exchanged through the Website.

Any commercial transaction will be governed by the applicable written agreement, including, as applicable:

a Master Services Agreement;

Data License Agreement or Data License Schedule;

Order Form;

Statement of Work;

Data Processing Addendum;

NDA; or

other transaction-specific documentation.

If there is a conflict between these Website Terms and a subsequently executed written commercial agreement, the applicable commercial agreement will control with respect to the relevant transaction.

Ediscas may offer or facilitate access to datasets and data-related services.

However, the availability of a dataset on the Website does not by itself constitute a grant of rights to use, reproduce, distribute, commercialize, train an AI model on, sublicense, transfer or otherwise exploit that dataset.

Dataset rights are determined by the applicable license and transaction documents.

Depending on the dataset, applicable rights may include:

internal use;

research;

analytics;

artificial intelligence or machine-learning training;

fine-tuning;

evaluation;

benchmarking;

software development;

robotics development;

healthcare or life-sciences research;

commercial product development;

creation of permitted derivatives;

redistribution;

sublicensing; or

other expressly authorized activities.

Such rights exist only to the extent expressly granted in the applicable agreement.

Ediscas may obtain data from multiple lawful sources, including, where permitted:

individuals;

businesses;

data providers;

public sources;

licensed databases;

research organizations;

institutions;

healthcare organizations;

technology providers;

commercial partners; and

other lawful sources.

Ediscas may maintain records concerning the source, acquisition, processing history, permissions, restrictions and licensing status of datasets.

Where applicable, Ediscas may provide customers with dataset-specific information concerning:

source category;

collection or acquisition period;

geographic scope;

data categories;

Personal Data status;

de-identification status;

applicable restrictions;

permitted uses;

licensing rights; and

other relevant provenance information.

The level of provenance information made available to a customer may depend on the applicable dataset, source agreement, confidentiality obligations, security requirements and Applicable Law.

Ediscas may process Personal Data in connection with the Website, its business operations and its data-related activities.

Personal Data may be processed in different capacities depending on the relevant activity.

Ediscas may act as:

a data controller;

a data processor;

an independent data fiduciary/controller under applicable law;

a service provider; or

another legally recognized role,

depending on the circumstances of the processing.

The applicable role will be determined based on the actual nature and purpose of the relevant processing activity and the applicable contractual arrangements.

Where Ediscas processes Personal Data on behalf of a customer, the applicable Data Processing Addendum or equivalent contractual provisions will govern the processing relationship.

Where Ediscas independently determines the purposes and means of processing, Ediscas' Privacy Policy and applicable law will govern that processing.

Certain Ediscas transactions may involve datasets containing information relating to health, medical treatment, healthcare services, genetics, biometrics or other categories of sensitive or specially protected information.

Such data may be subject to additional legal, contractual, security or regulatory requirements.

Ediscas will not treat all datasets as legally interchangeable.

Where a dataset is subject to additional restrictions, the applicable restrictions may be documented in the relevant Data License, Order Form, Data Processing Addendum, Dataset Rights Profile or other transaction documentation.

Customers must comply with all restrictions applicable to datasets they receive.

Ediscas may provide datasets or services intended for artificial intelligence, machine learning, robotics, software development, research, evaluation or related purposes.

A dataset may be licensed for one or more specific AI/ML purposes, including:

training;

fine-tuning;

evaluation;

benchmarking;

research;

model development;

algorithm development; or

related commercial activities.

Such rights must be expressly granted under the applicable commercial agreement.

Unless expressly permitted, receipt of a dataset does not authorize:

unrestricted redistribution;

resale;

sublicensing;

public disclosure;

re-identification;

use outside the licensed purpose; or

transfer to an unauthorized third party.

The Website may contain links to third-party websites, services or resources.

Ediscas does not control third-party websites and is not responsible for:

their content;

availability;

security;

privacy practices;

terms of use; or

processing activities.

Your use of third-party services is subject to the terms and policies of those third parties.

Except where expressly stated otherwise, the Website and its contents are owned by or licensed to Ediscas.

This includes, as applicable:

trademarks;

logos;

branding;

text;

graphics;

photographs;

software;

designs;

layouts;

documentation;

databases;

compilations;

methodologies;

reports;

proprietary materials; and

other Website content.

You may not reproduce, modify, distribute, publicly display, commercially exploit or create derivative works from Ediscas proprietary materials except as expressly permitted by Applicable Law or by Ediscas in writing.

Nothing in these Terms transfers ownership of Ediscas intellectual property to you.

If you submit information, documents, datasets, specifications, messages or other materials to Ediscas through the Website ("Submitted Materials"), you represent and warrant that:

you have the necessary rights and authority to submit them;

their submission does not violate Applicable Law;

their submission does not violate contractual restrictions applicable to you;

their submission does not knowingly infringe third-party rights; and

you have provided any required notices, permissions or authorizations necessary for the intended submission and processing.

You grant Ediscas a limited right to receive, store, review and process Submitted Materials to the extent reasonably necessary to respond to your inquiry, provide requested services, evaluate a proposed transaction, comply with Applicable Law or otherwise perform the relevant contractual relationship.

Where a separate commercial agreement governs Submitted Materials, that agreement will control.

Information exchanged in connection with a potential or actual commercial relationship may be subject to a separate confidentiality agreement.

Unless otherwise agreed in writing, nothing in these Website Terms creates a broad obligation for either party to maintain information as confidential beyond obligations imposed by Applicable Law.

Where Ediscas and a customer or prospective customer execute an NDA, the NDA will govern confidential information covered by that agreement.

Ediscas maintains reasonable technical and organizational measures appropriate to the nature of its activities and the risks associated with the information it processes.

However, no internet-based system can be guaranteed to be completely secure.

You are responsible for maintaining the security of credentials and access information associated with any account you may have.

You must promptly notify Ediscas if you believe your account or credentials have been compromised.

Ediscas' processing of Personal Data is described in the Ediscas Privacy Policy.

The Privacy Policy explains, among other matters:

categories of Personal Data processed;

sources of Personal Data;

purposes of processing;

applicable legal bases where required;

data recipients;

international transfers;

retention;

data subject rights;

privacy requests;

cookies and similar technologies; and

applicable contact mechanisms.

The Privacy Policy does not itself grant a license to Personal Data or other datasets.

Ediscas may use cookies and similar technologies.

The use of such technologies is described in the Ediscas Cookie Policy.

Where Applicable Law requires consent for particular cookies or similar technologies, Ediscas will use appropriate consent mechanisms.

Ediscas may modify, suspend, restrict or discontinue all or part of the Website at any time.

Ediscas does not guarantee that the Website will:

always be available;

operate without interruption;

be error-free;

be compatible with every device or browser; or

remain unchanged.

Information published on the Website may describe Ediscas' services, capabilities, datasets, industries, technologies or potential use cases.

Such information is provided for general informational purposes.

Unless expressly stated otherwise:

dataset descriptions are not warranties;

examples are illustrative;

availability may change;

pricing may change;

technical specifications may change; and

commercial rights are determined by the applicable agreement.

You may not use automated systems, scraping tools, crawlers, bots or other mechanisms to systematically extract Website content, datasets, contact information, proprietary materials or other information from the Website without Ediscas' express authorization.

This restriction does not prohibit activities that are expressly permitted by law and cannot lawfully be restricted, to the extent such prohibition would be unenforceable under Applicable Law.

Ediscas may suspend or restrict access to the Website where reasonably necessary to:

protect the Website;

protect users or third parties;

prevent fraud or abuse;

investigate security incidents;

comply with Applicable Law;

enforce these Terms; or

protect Ediscas' legitimate interests.

Termination or suspension of Website access does not automatically terminate a separate commercial agreement.

To the maximum extent permitted by Applicable Law, the Website is provided on an "as available" and "as is" basis.

Ediscas does not warrant that the Website will be uninterrupted, error-free or completely secure.

Nothing in these Terms excludes any warranty, right or protection that cannot lawfully be excluded or limited under Applicable Law.

Dataset-specific warranties, representations and limitations are governed by the applicable commercial agreement.

To the maximum extent permitted by Applicable Law, Ediscas will not be liable for indirect, incidental, special, consequential or punitive damages arising solely from your use of the Website.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability arising from fraud or other matters for which Applicable Law prohibits limitation.

Where you and Ediscas enter into a separate commercial agreement, the limitation-of-liability provisions in that agreement will govern the relevant commercial relationship.

To the extent permitted by Applicable Law, you agree to indemnify and hold Ediscas harmless from third-party claims, losses, liabilities, damages and reasonable expenses arising from your:

material breach of these Terms;

unlawful use of the Website;

infringement of third-party rights;

unauthorized submission or use of data; or

violation of Applicable Law.

This provision does not apply to the extent that the relevant claim results from Ediscas' own breach, negligence, wilful misconduct or other conduct for which indemnification cannot lawfully be imposed on you.

Where a separate commercial agreement contains an indemnification framework, that agreement will govern the relevant transaction.

Ediscas is based in India and may provide services to customers and users located in other jurisdictions.

If you access the Website from outside India, you are responsible for complying with Applicable Law applicable to your access and use.

Where Ediscas processes Personal Data subject to laws such as the GDPR, UK GDPR or other applicable privacy regimes, Ediscas will apply the requirements applicable to the relevant processing activity.

International transfers of Personal Data will be handled using a legally available transfer mechanism where required.

Where Applicable Data Protection Law grants individuals rights concerning their Personal Data, Ediscas will provide applicable mechanisms for exercising those rights.

Depending on the jurisdiction and circumstances, these rights may include:

access;

correction;

deletion;

restriction;

portability;

objection;

withdrawal of consent where processing is based on consent;

objection to certain profiling or automated decision-making; and

the right to lodge a complaint with an applicable supervisory authority.

The availability of a particular right depends on Applicable Law and the circumstances of the processing.

Ediscas may update these Terms from time to time.

When changes are made, Ediscas may update the "Last Updated" date and, where required by Applicable Law, provide additional notice.

Your continued use of the Website following an effective update constitutes acceptance of the updated Terms to the extent permitted by Applicable Law.

Material changes to contractual arrangements with existing customers will be governed by the applicable commercial agreement.

These Terms shall be governed by the laws of India, without regard to conflict-of-law principles, unless Applicable Law requires otherwise.

The courts at [Hyderabad, Telangana, India / other agreed jurisdiction] shall have jurisdiction over disputes arising from these Terms, subject to any mandatory rights or jurisdictional requirements applicable to you.

Where Ediscas and a customer enter into a separate commercial agreement, the dispute-resolution provisions of that agreement will govern the relevant commercial relationship.

If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions will remain in effect.

The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intended commercial effect, where legally permissible.

Failure by Ediscas to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

You may not assign or transfer your rights or obligations under these Terms without Ediscas' prior written consent, except where such restriction is prohibited by Applicable Law.

Ediscas may assign or transfer these Terms in connection with a merger, restructuring, sale of assets, financing, acquisition or other corporate transaction, subject to Applicable Law.

These Terms, together with the Ediscas Privacy Policy and Cookie Policy, constitute the agreement governing your use of the Website.

They do not replace or override a separate written commercial agreement between Ediscas and a customer.

Where a separate agreement applies to a particular transaction, that agreement will govern that transaction to the extent of any inconsistency.

For general business inquiries:

EDISCAS CONSULTING SERVICES PRIVATE LIMITED (CIN: U62099TS2023PTC173282) | Registered Address: 5-16, near grampanchayath, lalgadi malakpet, bomraspet, rangareddy, k.v.rangareddy, telangana, India, 500078 | Email: legal@ediscas.com | Website: https://ediscas.com

For privacy and data protection matters:

Privacy Contact: privacy@ediscas.com

If Ediscas is required to appoint an EU Representative or Data Protection Officer for a particular processing activity, the applicable contact details will be made available through the Privacy Policy or other legally required notice.

End of Terms