Last Updated on July 15, 2023 

This Privacy Policy describes how Muskan.ai, collect, use and disclose information, and what choices you have with respect to the information. 

When we refer to “Muskan”, we mean Muskan and its wholly owned subsidiaries. 

Privacy Policy 

Introduction 

Muskan (“Muskan.ai” or “we”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how Muskan collects and uses your personal information and data. This Privacy Policy covers all Personal Information that we receive from various sources, as outlined below. By using or accessing Muskan’s websites, including Muskan.ai, Muskan.com and Muskan.io (the “Website(s)”), in any way, or by engaging in transactions with Muskan through any other means, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use this website, or transact business with Muskan. 

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Both federal and state law in the United States define Personal Information or Personal Information, as do the laws of other countries and jurisdictions. This Privacy Policy is intended to include the most expansive definition that applies to you. Please recognize that your rights related to Personal Information, and how Personal Information is defined, differs somewhat from state to state and country to country. 

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page and/or through our online subscription service. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website and services. Each time you use any service of Muskan, you agree that the current version of this Privacy Policy applies. 

This policy describes the types of Personal Information Muskan may collect from you or that you may provide when you visit the Websites and our practices for collecting, using, maintaining, protecting and disclosing that information. 

This policy applies to Personal Information Muskan collects: 

• On the Website. 
• In e-mail, text and other electronic messages between you and the Website or Muskan. 
• Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website. Muskan’s online scheduling app provides widgets to customers and patients for their use in scheduling, and Personal Information is collected through these widgets. 

It does not apply to information collected by: 

• Muskan offline or through any other means, including on any other website operated by Muskan or any third party (including Muskan’s affiliates and subsidiaries); or 
• any third party (including Muskan affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from, or on, the Website. 

Please read this policy carefully to understand our policies and practices regarding your Personal Information and how Muskan will treat such information. If you do not agree with Muskan’s policies and practices, you must not use the Website. By accessing or using the Website, you agree to this Privacy Policy. This policy may change from time to time. Your continued use of the Website after Muskan makes changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. If you are registering an account or using the services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to agree to this Privacy Policy on such individual’s or entity’s behalf. 

Information We Collect About You and How We Collect It 

Muskan collects several types of Personal Information from and about users of the Website, including information: 

• by which you may be personally identified, such as your name, postal address, e-mail address or telephone number, date of birth (“Personal Information“); 
• that is about you but individually does not identify you, such as age, gender, and internet browser; 
• Details of transactions you carry out through the Website and of the fulfillment of your requests. You will be required to provide Personal Information before using certain services on or through the Website; 
• If you choose to use a paid Muskan account or service, our payment processing vendor collects your credit card information and billing address; and/or 
• Your search queries and questions and comments posted on the Website; 
• about your internet connection, the equipment you use to access the Website and usage details. 

If you communicate with Muskan by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information. You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, Muskan cannot control the actions of other users of the Website. Therefore, Muskan cannot and does not guarantee that your User Contributions will not be viewed by unauthorized persons. 

Muskan collects this information: 

• Directly from you when you provide it to Muskan or on or through the Website. This includes:  
• information that you voluntarily provide to Muskan when you choose to use some of the services on the Website, such as searching for Providers, searching for available appointments with Providers, reporting technical problems with our apps, services or Websites, and completing medical history forms prior to Provider appointments. 
• information you provide voluntarily in free-form text boxes on the Website and through responses to forms, surveys, feedback requests, questionnaires, contests, and the like. Some of the services on the Website ask for your health-related Personal Information. 
• information that you provide in email or other correspondence with Muskan. 
• You may elect to use certain services on or through the Website which require you to download and install software on your computer (“Downloaded Software“). The Downloaded Software may collect and transmit information from your computer system solely relating to the Downloaded Software and for the purpose of providing you with the relevant services. 
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies. 
• From third parties, for example, our business partners. 

  

Children Under the Age of 18. Where we process the Personal Information of minors we require the subscriber or person inputting the Personal Information to be the parent or guardian of the minor or to obtain their consent. Muskan’s Website and our online patient scheduling subscription service are not intended for use by children under 18 years of age. No one under age 18 may provide any information to, or on the Website. Muskan does not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to Muskan or on the Website, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If Muskan learns that it has collected or received Personal Information from or about a child under 18 without verification of parental consent, Muskan will delete that information. If you believe Muskan might have any information from or about a child under 18, please contact us as set forth in the Contact Information section at the end of this Privacy Policy. 

California Consumer Privacy Act Notice: Pursuant to the § 1798.110 of the California Consumer Privacy Act (“CCPA”), the categories of personal information that we have collected about individual consumers in the preceding twelve months are: 

• Identifiers such as name, email address, address, telephone number, insurance policy number, employment information, medical information, and health insurance information 
• Commercial information: records of services purchased 
• Internet activity 
• Geolocation data 

  

Usage Details, IP Addresses, Cookies and Other Technologies. As you navigate through and interact with the Website, Muskan may automatically collect certain information about your equipment, browsing actions and patterns, including: 

• Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website. 
• Information about the type of computer and internet connection, including your IP address, domain servers, operating system, web browser type, referring source which may have sent you to the Website, and other information associated with the interaction of your browser and the Website (collectively, “Traffic Data“). 

The information Muskan collects automatically is statistical data. It helps Muskan to improve the Website and to deliver a better and more personalized service by enabling it to: 

• Estimate our audience size and usage patterns. 
• Store information about your preferences, allowing us to customize our Website according to your individual interests. 
• Speed up your searches. 
• Recognize you when you return to the Website. 

The technologies Muskan uses for this automatic data collection may include: 

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website. 
• Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. 
• Web Beacons. Pages of the Website and Muskan’s e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Muskan, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Third-party Advertiser Use of Cookies and Other Tracking Technologies. Some advertisements on the Website are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about Website users. This may include information about users’ behavior on the Website and other websites to serve them interested-based (behavioral) advertising. Muskan does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly. 

Our business partners may use cookies to provide Muskan with anonymous data and information regarding the use of Muskan’s services. Specifically, some of Muskan’s business partners use Cookies to show Muskan ads on other sites on the internet as a result of you using Muskan’s services. Such cookies do not contain any Personal Information. 

Other cookies used by our business partners may collect other non-personally identifying information, such as the computer’s IP address, type of operating system, type of internet browsing software, what web pages were viewed at what time, the geographic location of your internet service provider and demographic information, such as gender and age range. This information is used to provide Muskan with more information about its user’s demographics and internet behaviors. 

Additionally, Muskan may use third party website analytics services in connection with the Website, for example, to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into the Website. These website analytics services do not collect Personal Information that you do not voluntarily enter into the Website. These services do not track your browsing habits across websites which do not use their services. Muskan uses the information collected from these services to find usability problems to make the Website easier to use. The recordings will not identify you or your account; they only record anonymous user information. 

How Muskan Uses Your Information 

Muskan uses information that Muskan collects about you or that you provide to us, including any Personal Information: 

• To present the Website and its contents to you. 
• To provide your Personal Information to dental and/or medical providers specified by you. 
• To provide you with information, products or services that you request from Muskan or the Website. 
• To fulfill any other purpose for which you provide it. 
• To provide you with notices about your account. 
• To enable us to develop, customize and improve the Website and our publications, products and services. 
• To carry out Muskan’s obligations and enforce Muskan’s rights arising from any contracts entered into between you and Muskan. 
• To notify you about changes to the Website or any products or services Muskan offers or provides through the Website. 
• To allow you to participate in interactive features on the Website. 
• To provide you lists Providers. 
• To remind you of upcoming or follow-up appointments with Providers. 
• In any other way we may describe when you provide the information. 
• For any other purpose, with your consent. 

Storage of Personal Information 

Muskan stores all Traffic Data and review postings indefinitely, even after “deletion“, and may archive such information elsewhere. Muskan stores all Personal Information until you request that Muskan modify or delete it, in which case Muskan may still retain certain Personal Information for the reasons described herein. 

Disclosure of Your Information 

Muskan does not sell or rent any Personal Information to third parties. Muskan may disclose Personal Information that it collects or you provide as described in this Privacy Policy: 

• To Muskan’s subsidiaries and affiliates. 
• To contractors, service providers and other third parties Muskan uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. 
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Muskan’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding. 
• To fulfill the purpose for which you provide it. 
• To Providers you select to receive your Personal Information. 
• For any other purpose disclosed by Muskan when you provide the information. 
• With your consent. 

You may choose not to provide Muskan with any Personal Information. In such an event, you can still access and use some of the services on the Website; however you will not be able to access and use certain key features of the services and/or the Website that require your Personal Information. 

Muskan may also disclose your Personal Information: 

• To comply with any court order, law or legal process, including to respond to any government or regulatory request. 
• To enforce or apply our terms of use and other agreements. 
• If Muskan believes disclosure is necessary or appropriate to protect the rights, property, or safety of Muskan., Muskan’s customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 
• To respond to claims that any posting or other content violates the rights of third-parties. 

Aggregate Data. Our definition of Personal Information does not include “aggregate” data. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our services. This Privacy Policy in no way restricts or limits our collection and use of aggregate data, and we may share aggregate data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our services and for advertising and marketing purposes. 

Public Information. Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should not disclose any Personal Information or personally identifiable information in any public forum. 

Retention of Personal Information 

Muskan processes Personal Information for a reasonable period of time to fulfill the purposes mentioned above. Personal Information is then archived for time periods as required or necessitated by law or legal considerations. Muskan reserves the right to delete a customer’s data, including Personal Information provided by that customer, from its system after 30 days from the date of termination of its agreement with the applicable customer. Muskan may also delete Personal Information in response to an individual’s request, as set forth in the Your Rights and Choices section below. 

Muskan reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Information collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes. 

Your Rights and Choices About How Muskan Uses and Discloses Your Information 

Muskan strives to provide you with choices regarding the Personal Information you provide to us. Muskan has created mechanisms to provide you with the following control over your information: 

• Changing and Correcting Your Personal Information.If your Personal Information changes in any way, we invite you to correct or update your information as soon as possible. You can make updates to your profile information by logging into your account on Muskan at any time. You can also request changes or access to your information by emailing info@Muskan.ai 
• Opting Out of Marketing Communications.Muskan may send you communications or data regarding our Web sites and services, including but not limited to (i) notices about your use of our Web sites and services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services. You may opt out of receiving promotional emails from Muskan by following the opt-out instructions provided in those emails. You may also opt out of receiving promotional emails and other promotional communications from us at any time by contacting us as described in the Contact Information section below, with your specific request. Opt-out requests will not apply to transactional service messages, such as security alerts and notices about your current account and services. 
• Opting Out of Other Uses of Your Personal Information. If you wish to opt out from any of the other uses of Personal Information that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in the Contact Information section below. Please note that your subsequent disclosure of Personal Information to us may override prior opt-out requests. Company does not discriminate against those who opt out. However, opting out may prevent us from conveniently and efficiently providing further, product support services and information to you. 
• Deleting Your Personal Information.Upon your request, Muskan will use commercially reasonable efforts to delete your account and the Personal Information in your profile. However, it may be impossible to remove your account without some residual information being retained by Muskan. Muskan has no obligation to delete any data or information you provide on a medical history form following termination of your account or the account of any dental or medical services provider to whom your medical history form was submitted through the Website or the services offered on or through the Website. If you wish to close your account or have your Personal Information deleted, please contact us as set forth in the Contact Information section below. 
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly. 

Muskan does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website. 

Your California privacy rights. This section applies to California residents only. 

• Shine the Light law. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Muskan does not presently share any information with third parties for direct marketing purposes. However, to submit such a request, you can contact us as set forth in the Contact Information section below. 
• California Consumer Privacy Act (CCPA).  Beginning January 1, 2020, pursuant to the CCPA (Section 1798.100 et seq. of the California Civil Code), residents of California have the following rights: 
• Right of access to your personal information, up to twice a year at no charge, including:  
• The categories of personal information Muskan collects about the consumer, 
• The categories of sources of the consumer’s personal information, 
• The business or commercial purpose for collecting or selling the consumer’s personal information, 
• The categories of any third parties with whom the business shares the consumer’s personal information, and 
• The specific pieces of personal information collected about the consumer. 
• Right to request deletion of data, subject to certain exceptions, such as where the information is needed to provide services to the consumer, or for security or legal reasons. 
• Right to not be discriminated against for exercising your rights under the CCPA, such as denial of services or higher pricing. 
• Right to opt out of having your personal information sold. 

You can exercise your rights under the CCPA by calling our toll-free number set forth in the Contact section of this website. 

Your Canadian privacy rights. This section applies to Canada residents only. 

Your Personal Information may be transferred outside of Canada for processing and storage. Company and its service providers may store Personal Information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Information may be accessed by law enforcement authorities or the courts in such jurisdictions. If you wish to: 

• obtain information or have any questions about our Privacy Policy and practices relating to handling of your Personal Information outside of Canada, 
• find out if we have your Personal Information and how we have used it, 
• access your Personal Information that is in our possession, 
• request that your Personal Information be corrected or deleted from our database, or 
• obtain a list of any other organizations to which your Personal Information has been disclosed, 

you may contact our privacy officer at the contact information set forth below. We will respond to your request relating to your Personal Information within 30 days. We may be unable to remove information to the extent that it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Information may prevent or hinder us from providing further services and information to you. 

Company may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose. 

Data Security 

Muskan has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any medical or health care information will be encrypted in transit and at rest. Payment card information, such as account numbers, is processed via a third-party vendor that specializes in payment processing and has committed to PCI DSS compliance. All Muskan employees are contractually obligated to maintain the confidentiality of Personal Information accessible through their employment. 

Muskan follows accepted industry standards to protect the Personal Information submitted, both during transmission and once Muskan receives the Personal Information. However, you should understand that there is no such thing as complete security, and Muskan does not guarantee that there will be no unintended disclosures of your Personal Information. If Muskan becomes aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, Muskan will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent Muskan knows that information) as soon as reasonably possible. 

The safety and security of your information also depends on you. Where Muskan has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. Muskan asks you not to share your password with anyone. You must promptly notify Muskan if your contact data is lost, stolen, or used without your permission, In such an event, we will remove that contact data from your account and update our records accordingly. 

Muskan further urges you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. 

Unfortunately, the transmission of information via the internet is not completely secure. Although Muskan uses commercially reasonable efforts to protect your Personal Information, Muskan cannot guarantee the security of your Personal Information transmitted to the Website. Any transmission of Personal Information is at your own risk. Muskan is not responsible for circumvention of any privacy settings or security measures contained on the Website. 

Storage of Personal Information 

We store Personal Information that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers that provide our hosting services, in the systems of third party service providers, and in cloud storage solutions. Muskan is located in the India. If Muskan transfers Personal Information from one country to another, we will ensure that the information is transferred in accordance with this Agreement and the Privacy Policy, and as permitted by applicable data protection laws. 

Muskan stores all information in state of the art physical storage facilities and cloud storage. In doing so, Muskan uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties (such as AWS) are used to host our products, we use third parties who meet required privacy and security standards. 

However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Muskan will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online. 

To offer our website, products and services to you, Muskan relies on plugins and services from third parties such as internet service providers, email service providers and plugins, calendar plugins, Customer Relationship Management (CRM) systems, credit card processors, and third party data storage. To the extent these providers have access to your Personal Information, we will require that they are legally or contractually committed to comply with applicable privacy laws, In the case of credit card processors, we require that they be PCI DSS-compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through our website, you assume the risk inherent in transacting business online. 

Links to Other Websites 

The Website may contain links to third party websites to which Muskan has no affiliation. Muskan does not share your Personal Information with those websites and is not responsible for their privacy policies or practices. Please be aware that you may be on a different site and that this Privacy Policy only contains the policies for the Website. A link to a third party website does not constitute or imply endorsement by Muskan. Additionally, Muskan cannot guarantee the quality or accuracy of any information contained on any third party website. If you decide to visit any third party website, you should read that website’s privacy policy. 

Terms and Conditions 

These terms of service (“agreement”) describe the terms and conditions on which Muskan (subsidy of Revca Softech Pvt Limited),  (“Muskan”) makes available its proprietary software platform and related services to any customer (the “customer” or “you”). By indicating acceptance of this agreement or by otherwise using the service, customer is entering into a legally binding agreement with Muskan. If customer does not agree to this agreement, customer must not complete the subscription process and must not use the service. 

If customer or the third-party on behalf of whom customer is acting (also, a “customer”) and Muskan have already entered a separate agreement governing provision of Muskan’s services that has been signed on behalf of both Muskan and customer, then that other agreement shall apply in place of the terms herein, notwithstanding any checkbox or electronic acceptance required in order to use the service. 

1. Provision of the Service.

1.1 Provision Generally. During the Term as defined in (Section 5.1) Muskan will provide Customer with access to Muskan’s proprietary software platform and related services provided for herein (collectively, the “Service”) in accordance with the terms and conditions of this Agreement. In order to access and use the Service, Customer is responsible at its own expense for obtaining its own Internet access, and any hardware and software required therefor. 

1.2 Grant of Rights. Subject to the terms and conditions of this Agreement, Muskan hereby grants to Customer a limited, non-exclusive, non-transferable right for Customer’s Users (as defined below) to access and use the Service, solely for Customer’s internal business purposes during the Term. A “User” shall mean an employee or independent contractor of Customer. All rights not expressly granted to Customer are reserved by Muskan and its licensors. There are no implied rights. 

1.3 Eligibility Requirements. By entering into this Agreement, Customer represents and warrants that Customer meets the following minimum requirements (“Eligibility Requirements”): (a) Customer is at least 18 years old and has the legal capacity to be bound by this Agreement; (b) Customer has the necessary rights and authority to enter into and perform the obligations required of Customer under this Agreement including entering into this Agreement on behalf of and binding a third-party, if so applicable; (c) All information which Customer provides, including but not limited to information provided during registration, information about Customer and any third -party business, and all relevant payment information, is within Customer’s right to use, and is and will remain accurate, complete and current; (d) Customer is in compliance with all applicable laws, including but not limited to all applicable laws and regulations pertaining to data privacy; (e) None of the Customer Data (as defined herein) will contain any unlawful, defamatory, offensive, libelous, harassing, abusive, fraudulent, pornographic or obscene content or material; and (f) Customer will provide Muskan with any information, records, or materials that we request to verify Customer’s compliance with the eligibility requirements set forth above and the terms and conditions of this Agreement. 

1.4 Restrictions. Customer shall not (and shall not allow any third party to): (a) use the Service for the benefit of any third party, or to develop or market any product, software or service that is functionally similar to or derivative of the Service, or for any other purpose not expressly permitted herein; (b) permit any non-User to access or use the Service except as envisioned by the Service in its normal operation or specified herein; (c) sell, distribute, rent, lease, service bureau, post, link, disclose or provide access to the Service, directly or indirectly, to any third party; (d) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Service; (e) use any robot, spider, scraper or other automated means to access the Service in an unauthorized manner, or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the Service; (f) use the Service with the intent to diagnose, treat, mitigate, prevent, or cure any disease or other condition in humans except as otherwise expressed through an IRB-approved study, in which case such express use shall be limited to activities in the IRB approved protocol; or (g) use the Service in a manner not permitted by Muskan. All acts and omissions of Users shall be deemed to be those of Customer, and Customer shall be responsible therefor. Customer shall keep all passwords and API keys provided to it safe and secure, and shall be responsible for all use of the Service using passwords or API keys issued to Customer and Users. Customer shall notify Muskan immediately of any actual or suspected unauthorized use of its passwords or API keys for the Service. Without limiting any of its other rights or remedies, Muskan reserves the right to suspend Customer’s or any User’s access to the Service if Muskan reasonably believes that Customer or such User has materially violated the restrictions and obligations in this Agreement (in which case, it shall provide Customer prompt written notice of such suspension). 

1.5 Customer Cooperation. Customer shall: (a) reasonably cooperate with Muskan in all matters relating to the Service; (b) respond promptly to any Muskan request to provide information, approvals, authorizations or decisions that are reasonably necessary for Muskan to provide the Service in accordance with this Agreement; and (c) provide such Customer materials or information as Muskan may reasonably request to provide the Service and ensure that such materials or information are complete and accurate in all material respects. 

2. Muskan Technology. In connection with providing the Service, Muskan and its licensors shall operate and support the hosted environment used by Muskan to provide the Service, including the Muskan Technology (as defined below), the server hardware, disk storage, firewall protection, server operating systems, management programs, web server programs, documentation and all other technology or information so used by Muskan. As used herein, “Muskan Technology” means all of Muskan’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Customer by Muskan in providing the Service.
3. Ownership. Customer acknowledges and agrees that as between Muskan and Customer, all right, title and interest in and to the Service (including the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information other than Customer Data) and other content on or made available through the Service, other than Customer Data), the Muskan Technology and all improvements and derivatives of the foregoing (including all intellectual property and proprietary rights embodied therein or associated therewith) are and shall remain owned by Muskan or its licensors, and this Agreement in no way conveys any right, title or interest in the Service or the Muskan Technology other than a limited right to use the Service in accordance with this Agreement. Muskan acknowledges and agrees that as between Customer and Muskan, all right, title and interest in and to the Customer Data are and shall remain owned by Customer or its licensors, and this Agreement in no way conveys any right, title or interest in the Customer Data other than a limited right to use the Customer Data in accordance with the terms and conditions herein. No right or license is granted hereunder to Customer under any trademarks, service marks, trade names or logos. Customer shall not remove any Muskan trademark, service mark or logo, or any proprietary notices or labels (including any copyright or trademark notices) from the Service. Muskan acknowledges and agrees that as between Customer and Muskan, all right, title and interest in and to the Customer Data are and shall remain owned by Customer or its licensors, and this Agreement in no way conveys any right, title or interest in the Customer Data other than a limited right to use the Customer Data in accordance with the terms and conditions set forth and agreed to herein.
4. Fees; Payments; Taxes.

4.1 Fees. In consideration of the provision of the Service, Customer shall pay Muskan the applicable fees pursuant to the fee schedule and Muskan service plan chosen by Customer and make such payment in accordance with the instructions and schedule provided for by Muskan. If Customer purchases a subscription plan, such subscription will continue in effect and renew on a recurring monthly basis, unless and until Customer cancels such subscription. If Customer provides a credit card or other payment method accepted by Muskan and signs up for a monthly paid subscription through the Service, Customer is expressly agreeing that Muskan (or its designated third-party payment provider) is authorized to charge Customer’s payment method for the applicable subscription fee (plus any applicable taxes) on a recurring monthly. 

4.2 Increases; Trials. Muskan reserves the right to increase its fees at any time, effective as of the beginning of Customer’s next billing cycle, upon notice to Customer prior to the beginning of such billing cycle. If Customer objects to the fee increase, Customer may terminate the Service by logging into Customer’s account on the Service and cancelling it there (if such functionality is provided therein), or by written notice to Muskan, prior to the beginning of the next billing cycle. If Customer does not exercise its right of termination during such period, Customer will be deemed to have accepted the increased fees. If Muskan offers Customer a free trial, once such free trial period ends, Muskan will begin billing Customer’s payment method for Customer’s periodic subscription fees, unless Customer cancels prior to the end of such free trial. 

4.3 Taxes. All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Service, or Customer’s and its Users’ access to the Service. Customer shall be solely responsible for all such taxes, duties and charges (except for taxes imposed on Muskan’s income), which may be invoiced by Muskan from time-to-time. 

4.4 Late Payments. Customer shall pay interest on all late payments at the lesser of (a) 1.5% per month or (b) the highest rate permissible under applicable law, calculated daily and compounded monthly. Customer shall reimburse Muskan for all costs and expenses, including attorneys’ fees, incurred in collecting any unpaid amounts owed by Customer hereunder. 

5. Term; Termination.

5.1 Term, Termination and Automatic Renewal. The term of this Agreement shall commence upon Customer’s subscription to the Service and, unless earlier terminated as set forth herein, shall continue for the period of the initial subscription selected by the Customer (the “Initial Term”). The Customer may terminate this Agreement upon thirty (30) days’ written notice to Muskan (or such shorter period as Muskan may permit in its sole discretion). Muskan reserves the right to terminate this Agreement at any time upon written notice to the Customer and shall repay to Customer any pro-rated portion of the fees paid to it in connection with the Service that the Customer would have received but for Muskan’s cancellation. In the event that the Agreement is not terminated as set forth herein it shall continue to automatically renew for the length of the Initial Term (a “Renewal Term”). The Initial Term and any Renewal Term is referred to herein as a “Subscription Term”, and the Subscription Terms are referred to collectively as the “Term.” 

5.2 Termination for Breach. Either Party may terminate this Agreement by written notice thereof to the other Party, if the other Party materially breaches this Agreement and does not cure such breach within 30 days after written notice thereof. 

5.3 Effects of Termination; Survival. Upon any termination of this Agreement: (a) all rights granted to Customer hereunder shall terminate and Muskan shall no longer provide access to the Service to Customer, and (b) Customer shall cease and cause its Users to cease using the Service. Any obligations that have accrued prior to termination shall survive termination of this Agreement. In addition, the following Sections, as well as any other provisions herein which by their nature should survive, shall survive termination of this Agreement: Sections 3 through 11. 

6. Customer Data.

6.1 Data Generally. All data and information which the Customer inputs into the Service (the “Customer Data”) is stored in a private and secure fashion, and will not be used by Muskan except as permitted herein. Customer hereby grants to Muskan a limited, non-exclusive, royalty-free right and license to use, reproduce, manipulate and display the Customer Data: (a) during the Term solely in connection with providing the Service to Customer; and (b) during and after the Term to improve, develop and market the Service, provided that Muskan may only use de-identified Customer Data to improve, develop and market the Service. Without limiting the above, Muskan may analyze Customer Data, and data of other customers, to create aggregated and anonymized statistics or data that do not identify Customer or any individual, household, user, browser or device, and Muskan may during and after the Term use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, Customer shall be solely responsible for providing, updating, uploading and maintaining all Customer Data. The content of Customer Data shall be Customer’s sole responsibility. Muskan shall operate the Service in a manner that provides reasonable information security for Customer Data, using commercially reasonable data backup, security, and recovery protections. If any Customer Data qualifies as Protected Health information within the meaning of the Health Insurance Portability and Accountability Act of 1996, Title 45 Code of Federal Regulations (CFR) Parts 160 and 164, Subparts A and E, the Standards for Privacy of individually Identifiable Health Information and 45 CFR Parts A and C, the Security Standard, as amended by the American Recovery and Reinvestment Act of 2009, the terms and conditions of the Business Associate Agreement set forth on Schedule 1 hereto shall apply with respect to the protection and handling of such information. 

6.2 Additional Customer Responsibilities. Customer is solely responsible for all Customer Data. Muskan does not guarantee the accuracy, integrity or quality of Customer Data. Customer shall not: (a) upload or otherwise make available to Muskan any Customer Data that is unlawful or that violates the rights of any third parties; (b) upload or otherwise make available to Muskan any Customer Data that Customer does not have a right to transmit due to any law, rule, regulation or other obligation; (c) use, upload or otherwise transmit any Customer Data that infringes any intellectual property or other proprietary rights of any third party; (d) upload or otherwise make available to Muskan any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with or disrupt the Service or servers or networks connected to the Service; (f) upload or otherwise make available to Muskan any Customer Data that constitutes protected health information subject to the Health Insurance Portability and Accountability Act or any regulation, rule or standards issued thereunder, or constitutes similarly protected information under any applicable state, rule or regulation; or (g) violate any applicable law, rule or regulation, including those regarding the export of technical data. 

7. Representations and Warranties; Disclaimer.

7.1 General Representations and Warranties. Each Party hereby represents and warrants to the other Party that: (a) if such Party is a corporation, company or other entity (as applicable), such entity is duly organized, validly existing and in good standing in its jurisdiction of organization; (b) such Party’s execution, delivery and performance of this Agreement have been duly and validly authorized by all necessary organizational action on its part or, if such Party is an individual, such Party has legal capacity to enter into this Agreement; (c) the provisions set forth in this Agreement constitute legal, valid, and binding obligations of such Party enforceable against such Party in accordance with their terms, subject to bankruptcy, insolvency and other laws affecting creditors’ rights generally; and (d) its execution, delivery and performance of this Agreement does not and will not conflict with, result in a breach of, constitute a default under, or require the consent of any third party under, any agreement or other obligation to which such Party is subject. 

7.2 Muskan Limited Warranty. Muskan further represents and warrants that (a) it will provide the Service in a competent and workmanlike manner; and (b) it owns or otherwise has sufficient rights (including without limitation all intellectual property rights thereto) to grant the licenses to Customer under this Agreement. Muskan does not warrant that it will be able to correct all reported defects or that use of the Service will be uninterrupted or error free. Muskan makes no warranty regarding features or services provided by any third parties. Muskan retains the right to modify its services and the Muskan Technology in its sole discretion. Customer’s sole remedy for Muskan’s breach of the warranty in this paragraph shall be that Muskan shall remedy the applicable error, or if Muskan is unable to do so in a timely manner, refund to Customer actual damages up to a limit of the fees paid during the six (6) month period leading up to when the breach of warranty occurred. 

7.3 Disclaimer. Except for the warranties set forth in sections 7.1-7.2 above, Muskan makes no representation or warranty whatsoever, and hereby disclaims all representations and warranties with respect to the service (in each case whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise), including any warranty (a) of merchantability, fitness for a particular purpose, or noninfringement, (b) that the service will meet customer’s requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, (c) as to the results that may be obtained from the use of the service, or (d) as to the accuracy or reliability of any information obtained from the service. 

7.4 Additional disclaimer. Customer acknowledges that the service is hosted by a third party hosting provider (the “hosting contractor”) and uses third party server hardware, disk storage, firewall protection, server operating systems, management programs, web server programs for delivery of the services. Additionally, Muskan uses third parties to help receive payments (“payment processor”). Muskan may change its hosting contractor and payment processor at any time. Your use of the service is subject to any restrictions imposed by the hosting contractor and the payment processor, as applicable. Notwithstanding any other provision of this agreement, Muskan shall not be liable for any problems, failures, defects or errors with the service to the extent caused by the hosting contractor or payment processor. Customer acknowledges that the fees payable for the service reflect the fact that Muskan is not responsible for the acts and omissions of the hosting contractor or payment processor, and that Muskan could not afford to provide the service at the prices offered if it were responsible for the acts or omissions of the hosting contractor or payment processor 

8. Limitations of liability.

8.1 Damages cap. To the fullest extent permissible by law, Muskan’s total liability for all damages arising out of or related to the service or this agreement, whether in contract, tort (including negligence) or otherwise, shall not exceed the total amount of fees paid by customer to Muskan under this agreement during the six (6) months preceding the event giving rise to the claim. This limitation will not be increased by the existence of more than one claim. 

8.2 Disclaimer of indirect damages. Except for (a) customer’s obligation to pay all amounts due hereunder; (b) its indemnification obligations; and (c) its breach of any intellectual property or confidentiality obligations or restrictions herein (including any limitations or restrictions on use of the service), in no event shall either party be liable for any indirect, consequential, incidental, special, exemplary or punitive damages (including loss of data, profits or revenue) arising out of or related to the service or this agreement, whether such damages arise in contract, tort (including negligence) or otherwise. 

8.3 Basis of the bargain. The parties agree that the limitations of liability set forth in this section 8 are a fundamental basis of the bargain, that Muskan has set its fees in reliance on the enforceability of these provisions, and that they shall apply notwithstanding that any remedy shall fail its essential purpose. 

9. Indemnification.

9.1 Muskan Indemnification. Muskan shall defend, indemnify and hold harmless Customer and its directors, officers, and employees (“Customer Indemnified Parties”) from and against any third party claims, actions, proceedings, demands, lawsuits, damages, liabilities and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Claims”) to the extent based on any claim that the Service infringes, misappropriates or otherwise violates (collectively, “Infringes”) any third party intellectual property or proprietary right (excluding patents). 

9.2 Customer Indemnification. Customer shall defend, indemnify and hold harmless Muskan and its directors, officers, employees, agents and providers (“Muskan Indemnified Parties”) from and against any Claims to the extent based on any claim that the Customer Data Infringes any third party intellectual property or proprietary right (excluding patents). 

9.3 Indemnification Process. As conditions of the indemnification obligations in Sections 9.1-9.2 above: (a) the applicable Customer Indemnified Party or Muskan Indemnified Party (the “Indemnitee”) will provide the indemnifying Party (the “Indemnitor”) with prompt written notice of any Claim for which indemnification is sought (provided that failure to so notify will not remove the Indemnitor’s indemnification obligations except to the extent it is prejudiced thereby), (b) the Indemnitee will permit the Indemnitor to control the defense and settlement of such Claim, and (c) the Indemnitee will reasonably cooperate with the Indemnitor in connection with the Indemnitor’s evaluation, defense and settlement of such Claim. In defending any Claim, the Indemnitor shall use counsel reasonably satisfactory to the other Party. The Indemnitor shall not settle or compromise any such Claim or consent to the entry of any judgment without the prior written consent of the other Party (not unreasonably withheld). 

9.4 Exclusions. Muskan’s obligations in Section 9.1 above shall not apply to any Claim to the extent arising from or relating to (a) misuse of the Service (including any use not strictly in accordance with the documentation therefor, Muskan’s instructions, and this Agreement); (b) any modification, alteration or conversion of the Service not created or approved in writing by Muskan; (c) any combination of the Service with any computer, hardware, software or service not provided by Muskan; (d) Muskan’s compliance with specifications or other requirements of Customer; or (e) any third party data or Customer Data. If the Service is or may be subject to a Claim of Infringement described in Section 9.1 above, Muskan may, at its cost and sole discretion: (i) obtain the right for Customer to continue using the Service as contemplated herein; (ii) replace or modify the Service so that it becomes non-Infringing without substantially compromising its principal functions; or (iii) to the extent the foregoing are not commercially reasonable, terminate this Agreement and return to Customer any pre-paid fees for the Service associated with the then-current Subscription Term. Muskan’s obligations in this Section 9 shall be Muskan’s sole obligations, and Customer’s sole remedies, in the event of any Infringement of intellectual property or proprietary rights by or related to the Service. 

10. Confidentiality.

10.1 Definition. “Confidential Information” means information that is disclosed by either Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) hereunder during the Term that is clearly labeled or identified as confidential or proprietary when disclosed, or that, under the circumstances, should reasonably be treated as confidential, including without limitation information (tangible or intangible) regarding a Party’s technology, source code, software, designs, techniques, research, know-how, specifications, product plans, pricing, customer information, user data, current or future strategic information, current or future business plans, policies or practices, employee information, and other business and technical information. “Confidential Information” shall not include any information that (a) is or becomes generally known to the public through no fault of, or breach of this Agreement by, the Receiving Party; (b) is rightfully in the Receiving Party’s possession at the time of disclosure without an obligation of confidentiality; (c) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information; or (d) is rightfully obtained by the Receiving Party from a third party without restriction on use or disclosure. In addition, (i) the terms and conditions of this Agreement shall be deemed to be Confidential Information of both Parties; (ii) the Service and Muskan Technology shall be deemed Confidential Information of Muskan, regardless of whether or not they are labeled or identified, or would reasonably be considered confidential; and (iii) Customer Data shall be deemed Confidential Information of Customer. 

10.2 General Obligations. Each Party agrees that it will during the Term and thereafter (a) not disclose the other Party’s Confidential Information to any third party (other than as permitted in the last sentence of this paragraph); (b) use the other Party’s Confidential Information only to the extent reasonably necessary to perform its obligations or exercise its rights under this Agreement; (c) disclose the other Party’s Confidential Information only to those of its employees and independent contractors who reasonably need to know such information for purposes of this Agreement and who are bound by confidentiality obligations offering substantially similar protection to those in this Section 10; and (d) protect all Confidential Information of the other Party from unauthorized use, access, or disclosure in the same manner as it protects its own confidential information of a similar nature, and in no event with less than reasonable care. Notwithstanding the above, this paragraph shall not prohibit: (i) a Party from disclosing Confidential Information of the other Party to the extent required by applicable law, rule or regulation (including a court order or other government order) or the rules and regulations of the SEC or any national securities exchange; provided that such Party provides the other Party prior written notice of such disclosure, to the extent practicable, and reasonably cooperates with efforts of the other Party to seek confidential treatment thereof, to the extent such cooperation is requested by the other Party; or (ii) a Party from disclosing the terms and conditions of this Agreement to its attorneys and financial advisors, or current or potential lenders, other sources of financing, investors or acquirors; provided that such third parties are bound by confidentiality obligations offering substantially similar protection to those in this Section 10 (provided further that such third parties are only permitted to use such information for the purpose of advising, lending or providing financing to, or investing in or acquiring, such Party, as applicable). 

10.3 Return or Destruction. Except as otherwise expressly provided in this Agreement, the Receiving Party will return to the Disclosing Party, or destroy or erase, the Disclosing Party’s Confidential Information in tangible form, upon the termination or expiration of this Agreement; provided that (a) Receiving Party may retain a copy of Disclosing Party’s Confidential Information solely for the purposes of tracking Receiving Party’s rights and obligations hereunder with respect thereto, (b) Receiving Party may retain copies of Disclosing Party’s Confidential Information solely to the extent required by law or by applicable professional standards which require such Party to retain copies of its working papers, and (c) Receiving Party may retain Disclosing Party’s Confidential Information solely to the extent reasonably necessary for Receiving Party to exercise rights or perform obligations under this Agreement that survive such termination. 

10.4 Feedback. Notwithstanding the above or anything to the contrary herein, to the extent that Customer at any time provides Muskan with any feedback or suggestions regarding the Service, including potential improvements or changes thereto (collectively, “Feedback”), the Feedback shall not be considered Confidential Information of Customer, and Muskan shall be free to use, disclose and otherwise exploit in any manner, the Feedback for any purpose. 

11. Miscellaneous.

11.1 Compliance with Laws; Business Associate Agreement. Each Party shall comply with (i) all laws, rules, regulations and ordinances applicable to its activities hereunder, and (ii) the terms and conditions of a duly executed Business Associate Agreement (“BAA”), which BAA upon execution by the Parties shall be incorporated into this Agreement. 

11.2 Assignment. Customer may not assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement, without the prior written consent of Muskan. Any purported assignment or delegation in violation of this paragraph is null and void. This Agreement will bind and inure to the benefit of each Party’s successor and permitted assigns. Notwithstanding the foregoing, Muskan may assign this Agreement to any acquirer of all or substantially all of its assets as they relate to this Agreement. 

11.3 Entire Agreement; Amendment. This Agreement along with the subscription arrangement chosen by the Customer contains the complete understanding and agreement of the Parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, oral or written, with respect thereto. No pre-printed terms on any purchase order, invoice or similar document issued in relation to this Agreement shall have any effect on the Parties or this Agreement. This Agreement may be amended or modified only by an express written agreement signed by duly authorized representatives of both Parties. 

11.4 Notices. Muskan may give any notices issued in connection with this Agreement by email to Customer at the email address given by Customer when creating its account, and such notices shall be effective upon confirmation of transmission to Customer. 

11.5 Force Majeure. Muskan shall not be liable or responsible to Customer, nor be considered to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement to the extent such failure or delay is caused by or results from any act, circumstance or other cause beyond the reasonable control of Muskan, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either Party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable technology or components, telecommunication breakdown, or power outage. 

11.6 Publicity. Muskan shall have the right to use Customer’s name and logo on client lists published on Muskan’s website and in marketing materials. Muskan may announce the relationship hereunder in a press release provided that Muskan obtains Customer’s prior approval of the wording of the release (not unreasonably withheld). 

11.7 Choice of Law. This Agreement is and will be governed by and construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without giving effect to any conflicts of laws provision thereof or of any other jurisdiction that would produce a contrary result. 

11.8 Disputes; Arbitration. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between Customer and Muskan or its employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. 

Customer and Muskan agree as follows: (a) ANY CLAIMS BROUGHT BY A PARTY MUST BE BROUGHT IN SUCH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that Customer is able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Muskan will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Muskan also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law. 

Notwithstanding the foregoing (i) either Customer or Muskan may bring an individual action in small claims court to the extent eligible, and (ii) either Party may seek emergency equitable relief before the state or central courts located in Chandigarh in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Chandigarh for such purposes. A request for interim measures will not be deemed a waiver of the right to arbitrate. 

11.9 Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise or employment relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. 

11.10 Waiver. No waiver by either Party of any of the provision of this Agreement is effective unless explicitly set forth in writing and signed by such Party. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 

11.11 Severability. If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or invalidate or render unenforceable such provision in any other jurisdiction. 

11.12 Headings; Interpretation. Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words “include,” “includes,” or “including” in this Agreement shall not be limiting and “or” shall not be exclusive.