Summary
Asha is an AI-powered remote care solution that empowers the elderly to age in place, while keeping loved ones and care team members informed.
Mission
Connecting family members to each other, and to care.
Objectives
– To demonstrate the need for Asha through quantifiable insights on value add.
– To learn how our feature set can be improved to better address the needs of users.
– To acquire user stories and testimonials for marketing purposes.
Cost
There is no fee during the Beta Program Period (as defined below). Upon termination or expiration of the Beta Program Period, Customer may, but is not obligated to, enter into a separate agreement providing for full use of the Service.
Timeline
The period of the Beta Program (“Beta Program Period”) begins upon your agreement to the Beta Agreement and ends four (4) weeks from such date, unless earlier terminated by either party or extended upon mutual agreement of the parties. Upon termination, you will no longer be able to have access to any beta project data that has not already been downloaded by you.
Added Users and total Users during the Beta Program Period shall be as follows:
| Week | 1 | 2 | 3 | 4 |
| Added Users | 10 | 0 | 10 | 10 |
| Total Users | 10 | 10 | 20 | 30 |
Feedback; Surveys
You agree to provide us with periodic data and reports as reasonably requested by us, including (i) responses to periodic surveys before, during and after the Beta Program Period, (ii) a description of the results of your use and evaluation of the Service, including any defects found in the Service and any information necessary for us to evaluate such defects, and (iii) any recommendations for changes, improvements or modifications to the Service (collectively, “Beta Feedback”). You acknowledge and agree that we own any and all Beta Feedback, and you hereby grant to us, to the extent such Beta Feedback is unable to be owned by us, a non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), irrevocable license to use and incorporate any Beta Feedback (including any Intellectual Property Rights related thereto) that you provide to us before, during or after the Beta Program Period. We make no guarantee that your Beta Feedback or requests for specific features will be incorporated into the Service, or any future iteration or version thereof. [During the Beta Program Period and for sixty (60) days thereafter, you agree to make your employees or personnel (if any) available to provide testimonials regarding the Service, including for use in our marketing materials, social media channels and website. You further grant us a nonexclusive, royalty-free license to use your name in our marketing materials, social media channels and on our website.]
Participation Criteria
(Meeting of criteria does not guarantee eligibility)
| Elderly Patient | Caregiving Family Member |
| – US based – Fluent in English – Age 65-85 – Extremely comfortable using an iPhone – Strong verbal communication skills – Managing one or more of: early-stage dementia, hypertension, diabetes, heart disease, social isolation, Parkinson’s disease | – US based – Fluent in English – Age 45-65 – Tech savvy – Extremely comfortable using an iPhone – Very engaged in managing care of parent |
Pain Points to be Addressed by Asha through Respective Features, for Elderly Patients
| Pain Point | How Asha Addresses this Pain Point |
| Difficulty contacting care team/family members | Audio command calling to care team & family members through Care Directory |
| Forgetting to take medication | Medication Reminders |
| Complex appointment schedules | Appointment Reminders |
| Difficulty interacting with technology | Conversational Interface |
| Social isolation | Social isolation Social support services through daily check-ins, audio/video calling to loved ones |
Pain Points to be Addressed by Asha through Respective Features, for Caregiving Family Members
| Pain Point | How Asha Addresses this Pain Point |
| Fragmented Care Coordination | Facilitating care coordination through communications portal |
| Lack of information about day-to-day patient wellbeing | Remote patient monitoring through daily conversations with our AI, Integration with 3rd party IoT devices for data reports |
| Complex appointment schedules | Tracking upcoming appointments through calendar |
Pain Points to be Addressed by Asha through Respective Features, for Care Team Members
| Pain Point | How Asha Addresses this Pain Point |
| Lack of insight into day-to-day patients’ physical wellbeing | Remote patient monitoring through daily conversations with our AI |
| Fragmented Care Coordination | Facilitating care coordination through communications portal Increased patient engagement through telemedicine visit facilitation |
| Unnecessary hospital admissions/visits | Reducing hospital readmissions & unnecessary doctors/ER visits through preventative health predictions & recommendations |
| Lack of Insight into Patient Management at Home | Deeper understanding of how home care is being managed through AI based conversational analysis for insight-driven care plan iteration |
Included Features
The Beta Program version of the Service includes web-based registration, and access to our iOS mobile application, which includes the following features and any new incorporations.
– Medication reminders
– Health & Wellness appointment reminders
– Care coordination between family members
– Click-to-call feature to transfers calls to mobile phone
– Care directory
– Integration with Alexa
– GPS tracking
– Accessible medical data reports
PLEASE NOTE THAT THE SERVICE IS CURRENTLY BEING PROVIDED IN IN ITS BETA VERSIONS, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICE CURRENTLY CONSTITUTES A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF, PLEASE DO NOT PARTICIPATE IN THE BETA PROGRAM OR USE THE BETA VERSION OF THE SERVICE.
Future Features After the Beta Program Period, the Service may include the following features:
– Integration with 3rd party devices
– HIPAA-Compliant Provider portal for patient insights
– Integration with 3rd party service providers
– Integration with US health insurance provider platforms
– Electronic health record integration
– Wellness services directory
– Incorporation of multi-language capability
– Health predictions and auto calendar appointments
Roll Out
You agree to take the following steps to participate in the Beta Program: 1. Register at www.ashaai.com/beta
2. Download the Asha app on your iOS device here
3. Use your username and password to log into your Asha mobile application
4. Use Asha every day!
Goals, Assumptions, and KPIs
| Assumption | KPI |
| High lovability | # of App Opens per Day |
| Care Director feature is more valuable than standalone calls | # of Audio Calls per Day |
| Care Director feature is more valuable than standalone calls | # of Video Calls per Day |
| Access to care is an unfilled need | # of Health Questions/Symptoms per Day |
| Medication reminders feature is valuable | # of Medication Reminders per Day |
| Medication reminders can increase medication compliance | % of Medication Reminders confirmed as Taken |
| Access to care is an unfilled need | # of Calls to Care Team per Week |
| Social support services are an unfilled need | # of Calls to Family per Week |
| Voice interface is valuable to elderly users | Ratio of Voice to Touch Usage |
| Caretakers feel an increased peace of mind with Asha usage | Caretaker Survey: Peace of Mind |
| Patients want to use Asha and can use it easily | Patient Survey: Ease of Use |
| MVP feature set is valuable enough as a standalone product | Ratio of Usage by Feature |
| The defined user interface is easy to use | # of Contact Us Outreaches |
| Users experienced few problems with the current user interface | # of Tickets by Feature |
| Users are comfortable with a mobile app interface | # of Mobile app logins per Day |
ASHA AI
TERMS OF SERVICE
Last Modified: June, 2021
Welcome to ashaai.com, the website and online and/or mobile service of Asha AI, LLC (“Asha AI,” “we,”
or “us”). This page explains the terms by which you may use our online and/or mobile services, web site,
and software provided on or in connection with the service (collectively, the “Service”). By accessing or
using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you
signify that you have read, understood, and agree to be bound by these Terms of Service (this
“Agreement”), whether or not you are a registered user of our Service. Asha AI reserves the right to
modify these terms and will provide notice of these changes as described below. This Agreement applies
to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A
MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL
WAIVER PROVISION IN SECTION 13.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE
INSTRUCTIONS IN SECTION 13.2 , THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES
BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST
EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR
CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY
GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
- Our Service
Asha AI provides a remote elder health care solution that enables elderly patients to engage with and
provide family members with health details.
1.1 Eligibility
This is a contract between you and Asha AI. You must read and agree to these terms before using the
Asha AI Service. If you do not agree, you may not use the Service. You may use the Service only if you
can form a binding contract with Asha AI, and only in compliance with this Agreement and all applicable
local, state, national, and international laws, rules and regulations. Any use or access to the Service by
anyone under the age of 13 (or under 16 in Europe) is strictly prohibited and in violation of this
Agreement. The Service is not available to any Users previously removed from the Service by Asha AI.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited,
non-transferable, freely revocable license to use the Service as permitted by the features of the Service.
Asha AI reserves all rights not expressly granted herein in the Service and the Asha AI Content (as
defined below). Asha AI may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality
that we may establish and maintain from time to time and in our sole discretion. We may maintain
different types of User Accounts for different types of Users. If you open a User Account on behalf of a
company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent
and warrant that you are an authorized representative of the entity with the authority to bind the entity
to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Asha AI
with a third-party service, you give us permission to access and use your information from that service
as permitted by that service, and to store your log-in credentials for that service.You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date.
You are solely responsible for the activity that occurs on your User Account, and you must keep your
User Account password secure. We encourage you to use “strong” passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with your User Account. You must
notify Asha AI immediately of any breach of security or unauthorized use of your User Account. Asha AI
will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your
settings page. By providing Asha AI your email address you consent to our using the email address to
send you Service-related notices, including any notices required by law, in lieu of communication by
postal mail. We may also use your email address to send you other messages, such as changes to
features of the Service and special offers. If you do not want to receive such email messages, you may
opt out or change your preferences in your settings page. Opting out may prevent you from receiving
email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or
disclosing any part of the Service in any medium, including without limitation by any automated or non-
automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,”
“offline readers,” etc., to access the Service in a manner that sends more request messages to the Asha
AI servers than a human can reasonably produce in the same period of time by using a conventional on-
line web browser (except that Asha AI grants the operators of public search engines revocable
permission to use spiders to copy publicly available materials from the Service for the sole purpose of
and solely to the extent necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited
email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (v) taking any action that imposes, or may
impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or
harvesting any personally identifiable information, including account names, from the Service; (viii)
using the Service for any commercial solicitation purposes; (ix) impersonating another person or
otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or
attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any
content on the Service through any technology or means other than those provided or authorized by the
Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including
without limitation features that prevent or restrict use or copying of any content or enforce limitations
on use of the Service or the content therein.
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service,
to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily
terminate or suspend your access to the Service without notice and liability for any reason, including if
in our sole determination you violate any provision of this Agreement, or for no reason. Upon
termination for any reason or no reason, you continue to be bound by this Agreement.
1.6 Disputes with Other Users
The Service is controlled and operated from facilities in the United States. Asha AI makes no
representations that the Service is appropriate or available for use in other locations. Those who access
or use the Service from other jurisdictions do so at their own volition and are entirely responsible for
compliance with all applicable United States and local laws and regulations, including but not limited to
export and import regulations. You may not use the Service if you are a resident of a country embargoed
by the United States, or are a foreign person or entity blocked or denied by the United States
government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to
individuals, companies, or other entities located in the United States.
1.7 Service Location
The Service is controlled and operated from facilities in the United States. Asha AI makes no
representations that the Service is appropriate or available for use in other locations. Those who access
or use the Service from other jurisdictions do so at their own volition and are entirely responsible for
compliance with all applicable United States and local laws and regulations, including but not limited to
export and import regulations. You may not use the Service if you are a resident of a country embargoed
by the United States, or are a foreign person or entity blocked or denied by the United States
government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to
individuals, companies, or other entities located in the United States.
2. User Content
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available
content such as profile information, videos, images, music, comments, questions, and other content or
information (any such materials a User submits, posts, displays, provides, or otherwise makes available
on the Service is referred to as “User Content”).
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS.However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or
otherwise interact with your User Content. By providing or sharing User Content through the Service,
you agree to allow others to view, edit, share, and/or interact with your User Content in accordance
with your settings and this Agreement. Asha AI has the right (but not the obligation) in its sole discretion
to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or
through the Service, you expressly grant, and you represent and warrant that you have all rights
necessary to grant, to Asha AI a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-
exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit,
translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such
User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in
part, and in any form, media or technology, whether now known or hereafter developed, for use in
connection with the Service and Asha AI’s (and its successors’ and affiliates’) business, including without
limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each User of the Service a non-
exclusive license to access your User Content through the Service, and to use, reproduce, distribute,
display and perform such User Content as permitted through the functionality of the Service and under
this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright
rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights,
goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come
into existence, and all applications therefore and registrations, renewals and extensions thereof, under
the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
– You have the written consent of each and every identifiable natural person in the User Content,
if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
– You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
– Your User Content and Asha AI’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
– Asha AI may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
– You will not post: nudity or other sexually suggestive content; hate speech, credible threats or direct attacks on an individual or group; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of illegal activities; malicious programs or code; any person’s personal information without their consent; and/or spam, machine-generated content, or bulk unsolicited messages.
– To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.Asha AI takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Asha AI shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including,
without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music, content provided by third-party partners of Asha
AI (including educational and non-profit partners, care agencies and other third-party providers of IoT
and other services) and User Content belonging to other Users (the “Asha AI Content”), and all
Intellectual Property Rights related thereto, are the exclusive property of Asha AI and its licensors
(including other Users who post User Content to the Service). Except as explicitly provided herein,
nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property
Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from any Asha AI Content. Use
of the Asha AI Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including
without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea,
you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Asha
AI under any fiduciary or other obligation, and that we are free to use the Idea without any additional
compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, Asha AI does not waive any rights to use similar or related ideas previously known to Asha AI, or developed by its employees, or obtained
from sources other than you.
4. Paid Services
4.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you
elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms, [link], as we may
update them from time to time. Asha AI may add new services for additional fees and charges, add or
amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing
or Payment Terms shall become effective in the billing cycle following notice of such change to you as
provided in this Agreement.
4.2 No Refunds.
You may cancel your User Account at any time; however, there are no refunds for
cancellation. In the event that Asha AI suspends or terminates your User Account or this Agreement for
your breach of this Agreement, you understand and agree that you shall receive no refund or exchange
for any unused time on a subscription, any license or subscription fees for any portion of the Service,
any content or data associated with your User Account, or for anything else.
4.3 Free Trials.
We or our third-party service providers may offer free trials to a particular Service.
We or our third-party service provider will automatically bill your payment method on the later of the
day your free trial ends or the day you start your paid subscription, and on each recurring billing date
thereafter, subject to Section 4.4 . You will not receive a notice that your free trial has ended and that
payment for your subscription is due. If you wish to avoid charges to your payment method, you must
cancel your subscription prior to midnight Pacific Time on the last day of your free trial period. If you
cancel your subscription during a free trial, cancellation may be effective immediately.
4.4 Automatic Renewal of Subscription Fees.
IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO [LEGAL@ASHAAI.COM] AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND
ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
4.5 Payment Information; Taxes.
[We accept various payment methods through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using our Service, you agree to be bound
by Stripe’s Services Agreement available at https://stripe.com/us/legal.] All information that you
provide in connection with a purchase or transaction or other monetary transaction interaction with the
Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your
credit card, debit card, or other payment method used in connection with a purchase or transaction or
other monetary transaction interaction with the Service at the prices in effect when such charges are
incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other
monetary transaction interactions.
4.6 California Residents.
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
5. No Medical or Other Professional Advice
If the Service provides professional information (for example, medical, legal, or financial), such
information is for informational purposes only and should not be construed as professional advice. No
action should be taken based upon any information contained in the Service. You should seek
independent professional advice from a person who is licensed and/or qualified in the applicable area.
WE ARE NOT A HEALTHCARE OR MEDICAL PROVIDER. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY,
CALL 911 OR THE RELEVANT EMERGENCY NUMBER IN YOUR JURISDICTION.
YOU AGREE THAT: (I) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY
CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES
IMMEDIATELY; (II) WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND ARE NOT A
HEALTHCARE PROVIDER; (III) WE ARE NOT YOUR HEALTHCARE PROVIDER; (IV) WE AND OUR PERSONNEL
ARE NOT LICENSED MEDICAL CARE PROVIDERS AND HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING,
OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC
TREATMENT ON A MEDICAL CONDITION; (V) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE
ANY QUESTIONS REGARDING A MEDICAL CONDITION; (VI) WE HAVE NO LIABILITY WITH RESPECT TO
ANY SURVEY OR RESEARCH OR MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE
SERVICE; AND, (VII) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR
CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE SERVICE.
6. Text Messaging
You expressly consent and agree that Asha AI can contact you using written, electronic, or verbal means,
including by manual dialing, emails, leaving prerecorded/artificial voice messages or using an automatic
telephone dialing system to call or text your mobile/cellular telephone number, as necessary to
complete transactions requested by you and to service your account and as the law allows, even if those
phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry.
We offer you the chance to enroll to receive recurring SMS/text messages from Asha AI. You may enroll
to receive text messages about account-related news and alerts and/or marketing and promotional
offers for Asha AI products and services. By enrolling in Asha AI’s SMS/text messaging service, you agree
to receive text messages from Asha AI to your mobile phone number provided, and you certify that your
mobile number provided is true and accurate and that you are authorized to enroll the designated
mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an
automatic telephone dialing system and that standard message and data rates apply. Consent is not
required as a condition of purchase. Asha AI is not responsible for any delays upon sending or receiving
text messages.To unsubscribe from text messages at any time, text STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any text message you receive from Asha AI. You consent that following such a request to unsubcribe, you may receive one final text message from Asha AI confirming your request. For help, text HELP to 425.444.9302 or contact us at hello@ashaai.com.
7. Security
Asha AI cares about the integrity and security of your personal information. However, we cannot
guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal
information at your own risk.
8. DMCA Notice
Since we respect artist and content owner rights, it is Asha AI’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Asha AI’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the
copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on
the Service;
4. Information reasonably sufficient to permit Asha AI to contact you, such as your
address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate,
and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Asha AI, LLC
Address: 701 5th Ave #5600, Seattle, WA 98104
Tel.: 425.444.9302
Email: copyright@ashaai.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Asha AI and its affiliates that your copyrighted
material has been infringed. The preceding requirements are intended to comply with Asha AI’s rights
and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may
be advisable to contact an attorney regarding your rights and obligations under the DMCA and other
applicable laws.
In accordance with the DMCA and other applicable law, Asha AI has adopted a policy of terminating, in
appropriate circumstances, Users who are deemed to be repeat infringers. Asha AI may also at its sole
discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any
intellectual property rights of others, whether or not there is any repeat infringement.
9. Thirty Party Links and Information
The Service may contain links to third-party materials that are not owned or controlled by Asha AI. Asha
AI does not endorse or assume any responsibility for any such third-party sites, information, materials,
products, or services. If you access a third-party website or service from the Service or share your User
Content on or through any third-party website or service, you do so at your own risk, and you
understand that this Agreement and Asha AI’s Privacy Policy do not apply to your use of such sites. You
expressly relieve Asha AI from any and all liability arising from your use of any third-party website,
service, or content, including without limitation User Content submitted by other Users. Additionally,
your dealings with or participation in promotions of advertisers found on the Service, including payment
and delivery of goods, and any other terms (such as warranties) are solely between you and such
advertisers. You agree that Asha AI shall not be responsible for any loss or damage of any sort relating to
your dealings with such advertisers.
10. Indemnity
You agree to defend, indemnify and hold harmless Asha AI and its subsidiaries, agents, licensors,
managers, and other affiliated companies, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the
Service, including any data or content transmitted or received by you; (ii) your violation of any term of
this Agreement, including without limitation your breach of any of the representations and warranties
above; (iii) your violation of any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content
or any content that is submitted via your User Account including without limitation misleading, false, or
inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the
Service with your unique username, password or other appropriate security code.
11. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASHA AI OR THROUGH THE SERVICE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ASHA AI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD
OR YOUR USE OF THE SERVICE.
FURTHER, ASHA AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ASHA AI WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO
THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASHA AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF
OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL ASHA AI BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR
ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASHA AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ASHA AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN
AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ASHA AI HEREUNDER OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF ASHA AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT
APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
13.1 Governing Law.
You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii)
the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either
specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the
internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The
parties acknowledge that this Agreement evidences a transaction involving interstate commerce.
Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration
Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement
in Section 13.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to
not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be
resolved under and governed by the law of your state of residence. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to
submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any
actions for which we retain the right to seek injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our
copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set
forth in the Arbitration provision below, including any provisional relief required to prevent irreparable
harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration
award or for trial court proceedings in the event that the arbitration provision below is found to be
unenforceable.
13.2 Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE
THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ASHA AI. This Section
13.2 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between
you and Asha AI that arises out of or relates to, directly or indirectly: (a) this Agreement, including the
formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability
thereof; (b) access to or use of the Service, including receipt of any advertising or marketing
communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your
relationship or transactions with Asha AI, directly or indirectly, as a consumer (“Claim” or collectively,
“Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were
asserted before or after your agreement to this Agreement.
If you are a new Asha AI user, you can reject and opt-out of this Arbitration Agreement within 30 days of
accepting this Agreement by emailing Asha AI at [legal@ashaai.com] with your first and last name and
stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration
Agreement does not affect any other part of this Agreement, including the provisions regarding
controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at [legal@ashaai.com] and attempt to resolve the dispute
with us informally. In the unlikely event that Asha AI has not been able to resolve a Claim after sixty (60)
days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single
arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”),
except as provided herein. In the event of any conflict between the Rules and this Arbitration
Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the
Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware,
unless you and Asha AI agree otherwise. If you are using the Service for commercial purposes, each
party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with
AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the
Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your
case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the
arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable
costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent
jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to
engage in the informal dispute resolution process. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. You and Asha AI agree that the
Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve
any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration
Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The
Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues
relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and
any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Asha AI from seeking injunctive or other
equitable relief from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary
rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as
the matter remains in such court and advances on only an individual (non-class, non-representative)
basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the
void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void,
unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining
provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel
arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.
Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable,
or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then
any dispute regarding the entitlement to such relief (and only that relief) must be severed from
arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief
subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the
parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be
stayed pending the outcome of any individual claims in arbitration.
13.3 Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF
WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER
PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE
ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND ASHA AI AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER ASHA AI USERS. YOU AND ASHA AI FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ASHA AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING
OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
14. Additional Terms for Mobile Applications
14.1 Mobile Applications.
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is
compatible with the Mobile Applications. Asha AI does not warrant that the Mobile Applications will be
compatible with your mobile device. You may use mobile data in connection with the Mobile
Applications and may incur additional charges from your wireless provider for these services. You agree
that you are solely responsible for any such charges. Asha AI hereby grants you a non-exclusive, non-
transferable, revocable license to use a compiled code copy of the Mobile Applications for one Asha AI
User Account on one mobile device owned or leased solely by you, for your personal use. You may not:
(i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent
that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or
otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide
time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv)
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile
Applications, features that prevent or restrict use or copying of any content accessible through the
Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete
the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that
Asha AI may from time to time issue upgraded versions of the Mobile Applications, and may
automatically electronically upgrade the version of the Mobile Applications that you are using on your
mobile device. You consent to such automatic upgrading on your mobile device, and agree that the
terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be
incorporated in the Mobile Applications is covered by the applicable open source or third-party license
EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile
Applications or any copy thereof, and Asha AI or its third-party partners or suppliers retain all right, title,
and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of
the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Asha AI reserves all rights not expressly granted under this Agreement. If the Mobile Applications is
being acquired on behalf of the United States Government, then the following provision applies. The
Mobile Applications will be deemed to be “commercial computer software” and “commercial computer
software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as
applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any
accompanying documentation by the U.S. Government will be governed solely by these Terms of Service
and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile
Applications originates in the United States, and is subject to United States export laws and regulations.
The Mobile Applications may not be exported or re-exported to certain countries or those persons or
entities prohibited from receiving exports from the United States. In addition, the Mobile Applications
may be subject to the import and export laws of other countries. You agree to comply with all United
States and foreign laws related to use of the Mobile Applications and the Service.14.2 Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Asha AI, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with respect to the Apple-
Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-
Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will
be solely governed by this Agreement and any law applicable to Asha AI as provider of the software. You
acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to
the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including,
but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation; and all such claims are governed solely by this Agreement and any law
applicable to Asha AI as provider of the software. You acknowledge that, in the event of any third-party
claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software
infringes that third party’s intellectual property rights, Asha AI, not Apple, will be solely responsible for
the investigation, defense, settlement and discharge of any such intellectual property infringement
claim to the extent required by this Agreement. You and Asha AI acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the
Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement,
Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as
relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
14.3 Mobile Applications from Google Play Store.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”):
(i) you acknowledge that the Agreement is between you and Asha AI only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
(iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
(iv) Asha AI, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no
obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you
acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Asha
AI’s Google-Sourced Software.
15. General
15.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Asha AI without restriction. Any attempted
transfer or assignment in violation hereof shall be null and void.
15.2 Notification Procedures and Changes to the Agreement.
Asha AI may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Asha AI in our sole discretion. Asha AI reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of
notification as described in this Agreement. Asha AI is not responsible for any automatic filtering you or
your network provider may apply to email notifications we send to the email address you provide us.
Asha AI may, in its sole discretion, modify or update this Agreement from time to time, and so you
should review this page periodically. When we change the Agreement in a material manner, we will
update the ‘last modified’ date at the top of this page and notify you that material changes have been
made to the Agreement. Your continued use of the Service after any such change constitutes your
acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms
of Service, do not use or access (or continue to access) the Service.
15.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any
additional agreements you may enter into with Asha AI in connection with the Service, shall constitute
the entire agreement between you and Asha AI concerning the Service. Except as otherwise stated in
Section 13.2, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect.
15.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Asha AI’s failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision.
15.5 Contact.
Please contact us at [legal@ashaai.com] with any questions regarding this Agreement.