TERMS AND CONDITIONS OF USE AND SALE

Effective Date: 3 August 2026
Last Updated: 3 August 2026

1. INTRODUCTION

These Terms and Conditions of Use and Sale (“Terms”) constitute a legally binding agreement between:

Sunfox Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 112, Dharampur Road, Dehradun, 248001, Uttarakhand, India, hereinafter referred to as “Sunfox,” “the Company,” “we,” “us” or “our”;

and

the person accessing, browsing, registering upon, purchasing from or otherwise using the Platforms, Products or Services, hereinafter referred to as “User,” “Customer,” “you” or “your.”

These Terms govern your access to and use of:

• Sunfox’s websites, mobile applications, software applications, web portals and related digital platforms;
• Spandan-branded ECG devices and other products manufactured, distributed or sold by Sunfox;
• Firmware, software, algorithms, reports, dashboards, cloud services and digital features associated with such products;
• Customer-support, technical-support, reporting, subscription and after-sales services; and
• Any other product, service, feature or facility made available by Sunfox from time to time,

collectively referred to as the “Platform,” “Products” and “Services,” as applicable.

By accessing the Platform, creating an account, placing an order, activating a Product, selecting “I Agree,” or otherwise using any Product or Service, you acknowledge that you have read, understood and agreed to be bound by these Terms.

Where you do not agree with these Terms, you must not access or use the Platform, Products or Services.

2. RELATED POLICIES AND DOCUMENTS

These Terms shall be read together with, and incorporate by reference, the following documents, as applicable:

• Sunfox Privacy Policy;
• Refund, Return, Cancellation, Replacement and Delivery Policy;
• Applicable product warranty;
• Product user manual and electronic instructions for use;
• Safety information, warnings, contraindications and precautions;
• Subscription or service-specific terms;
• Quotations, invoices and purchase orders;
• Application permissions and consent notices; and
• Any additional written terms presented before purchase, activation or use.

In the event of an inconsistency, the following order of precedence shall ordinarily apply:

• A separately executed written commercial agreement;
• Product-specific regulatory and safety instructions;
• Quotation, purchase order or invoice terms accepted by Sunfox;
• Product-specific or subscription-specific terms;
• These Terms; and
• Other general policies.

Nothing in these Terms shall restrict any non-waivable consumer right or statutory remedy.

3. ELIGIBILITY

3.1 Legal capacity

You may independently accept these Terms only if you:

• Are at least 18 years of age;
• Are legally competent to enter into a binding contract; and
• Are not prohibited from using the Products or Services under applicable law.

3.2 Minors

A Product or Service may be used in relation to a minor only under the supervision and responsibility of the minor’s parent, lawful guardian or an appropriately qualified healthcare professional, where such use is permitted by the applicable product instructions.

The parent or guardian shall be responsible for:

• Creating or supervising the account;
• Providing legally valid authorisations and consents;
• Ensuring compliance with the product instructions; and
• Determining whether professional medical consultation is required.

3.3 Institutional users

Where you accept these Terms on behalf of a hospital, clinic, diagnostic centre, company, government body, distributor or other organisation, you represent that:

• You are duly authorised to bind that organisation;
• The organisation has obtained all necessary permissions for its use of the Products and Services; and
• References to “you” shall include that organisation.

4. ELECTRONIC ACCEPTANCE

Your acceptance of these Terms may be recorded electronically through an affirmative action, including:

• Selecting an unchecked acceptance box;
• Clicking an acceptance button;
• Creating an account after being presented with these Terms;
• Activating or registering a Product; or
• Continuing to use a Service after receiving notice of revised Terms, where permitted by law.

Sunfox may maintain electronic records of your acceptance, including the applicable version, date, time, account details and technical confirmation.

5. DESCRIPTION OF SPANDAN AND OTHER MEDICAL PRODUCTS

5.1 Intended use

Spandan and other Sunfox medical Products must be used strictly:

• For the intended purpose stated in the applicable product labelling, regulatory approval, user manual and instructions for use;
• Within the specified patient population and use environment;
• With compatible accessories, electrodes, leads, devices, operating systems and applications; and
• In accordance with all warnings, limitations, precautions and contraindications.

Any summary appearing on the Platform is provided for convenience only. The current product labelling and instructions for use shall govern the proper and authorised use of the Product.

5.2 Indicative and supportive functionality

Unless the applicable regulatory approval and product documentation expressly state otherwise, outputs generated by a Product or Service are intended to support cardiac screening, ECG recording, monitoring, clinical review or informed decision-making within the approved intended use.

Such outputs must not be interpreted beyond the scope stated in the product documentation.

5.3 Not a substitute for professional medical care

No Product, application, algorithm, report, alert or other Service is intended to replace:

• Consultation with a registered medical practitioner;
• Professional clinical judgment;
• Physical examination;
• Laboratory or hospital-based diagnostic testing;
• Prescribed medical treatment; or
• Emergency medical assistance.

You must not disregard, delay or discontinue professional medical advice solely because of information generated or displayed through a Product or Service.

5.4 No emergency-service functionality

Unless expressly stated otherwise in the approved instructions for a specific Product, Sunfox Products and Services:

• Are not emergency-response systems;
• Do not automatically contact a hospital, ambulance, doctor, caregiver or emergency authority;
• Are not designed to continuously monitor every potentially serious cardiac event; and
• Must not be relied upon as the sole means of detecting or responding to a medical emergency.

A person experiencing chest pain, breathing difficulty, fainting, severe discomfort, sudden weakness, loss of consciousness or another potentially serious symptom should immediately seek qualified medical assistance or contact the applicable local emergency service.

5.5 No guarantee of detection

No medical device or algorithm can guarantee the detection, identification or exclusion of every cardiac condition or abnormality.

A normal, inconclusive or unclassified output does not establish that the User has no medical condition. Similarly, an alert or abnormal output does not, by itself, constitute a final medical diagnosis.

5.6 Factors affecting results

Product outputs may be affected by factors including:

• Incorrect electrode placement;
• Poor skin contact or unsuitable electrodes;
• Body movement, tremors or electrical interference;
• Incorrect lead positioning;
• Use of incompatible accessories;
• Damaged cables or components;
• Battery or connectivity issues;
• Poor recording quality;
• Environmental conditions;
• Software, firmware or operating-system incompatibility;
• Inaccurate profile information; or
• Use contrary to the instructions.

The User must repeat the recording where directed and consult a healthcare professional where the output is unclear, inconsistent with symptoms or otherwise concerning.

6. RESPONSIBILITIES OF USERS

You agree to:

• Read and follow the applicable user manual, safety instructions and instructional material;
• Ensure correct placement and operation of the Product;
• Keep the Product clean, maintained and stored in accordance with the instructions;
• Use only compatible and authorised accessories where required;
• Provide accurate account and patient information;
• Verify that the selected patient profile corresponds to the person being tested;
• Maintain the confidentiality and security of login credentials;
• Install important firmware, application and security updates;
• Prevent unauthorised access to the Product and account;
• Immediately report loss, theft, suspected compromise or unauthorised access;
• Obtain the necessary consent before recording or uploading another person’s ECG or health information;
• Comply with applicable healthcare, privacy, data-protection and professional obligations; and
• Seek professional medical advice whenever clinically appropriate.

You must not use the Product or Service in a manner that is unsafe, unlawful or inconsistent with its authorised intended use.

7. HEALTHCARE PROFESSIONALS AND INSTITUTIONAL USE

Healthcare professionals and institutions remain independently responsible for:

• Determining whether the Product is suitable for a particular patient;
• Interpreting ECGs and other clinical information within their professional competence;
• Verifying automated findings before making clinical decisions;
• Maintaining appropriate patient records;
• Obtaining informed consent and other required permissions;
• Complying with professional, ethical and institutional requirements;
• Implementing appropriate clinical escalation procedures;
• Safeguarding patient credentials and health information; and
• Complying with applicable laws governing medical practice and patient care.

Sunfox does not control the professional judgment, treatment decisions or clinical actions of independent healthcare providers.

8. USER ACCOUNTS

8.1 Registration

Certain features may require registration. You agree to provide information that is accurate, complete and current.

Sunfox may request reasonable verification of your identity, contact details, professional status, organisation or authority to use an account.

8.2 Account security

You are responsible for:

• Maintaining the confidentiality of passwords, verification codes and access credentials;
• Restricting access to your device and account;
• Promptly notifying Sunfox of suspected unauthorised access; and
• All activities occurring through your account, except to the extent caused by Sunfox’s breach, negligence or security failure.

You must not share individual account credentials with an unauthorised person.

8.3 Multiple patient profiles

Where an account permits multiple patient profiles, the account holder must ensure that:

• Every profile is correctly identified;
• The appropriate legal permission has been obtained;
• Records are not assigned to the wrong individual; and
• Access is limited to authorised persons.

8.4 Account communication

You authorise Sunfox to send transactional communications concerning:

• Account verification;
• Product activation;
• ECG or report availability;
• Security alerts;
• Software and firmware updates;
• Purchases and delivery;
• Warranties and support requests;
• Safety notices and recalls; and
• Material changes to the Services or these Terms.

Marketing communications shall be managed separately in accordance with applicable consent requirements.

9. LICENCE TO USE THE APPLICATION AND SOFTWARE

Subject to compliance with these Terms, Sunfox grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the application and software solely for their intended purpose.

This licence does not transfer any ownership or intellectual-property rights.

You must not:

• Copy, modify or create derivative works from the software;
• Reverse engineer, decompile or disassemble it, except where expressly permitted by non-waivable law;
• Extract source code, algorithms, models or proprietary logic;
• Circumvent authentication, security or usage controls;
• Use automated means to scrape or extract data;
• Reproduce or commercially exploit the application;
• Remove proprietary notices;
• Use the software to develop or benchmark a competing product without written authorisation; or
• Interfere with the integrity or operation of the Platform.

10. SOFTWARE, FIRMWARE AND FEATURE UPDATES

Sunfox may release updates to:

• Improve functionality;
• Address bugs or security vulnerabilities;
• Maintain compatibility;
• Improve user experience;
• Meet regulatory requirements;
• Update clinical-support functionality; or
• Discontinue obsolete or unsupported components.

Some updates may be mandatory for continued safe or secure use.

You acknowledge that:

• Features may vary according to Product model, region, account type, subscription, operating system or regulatory authorisation;
• An older Product may not support every new feature;
• Temporary interruptions may occur during maintenance or updates; and
• Failure to install mandatory updates may affect functionality, compatibility, security or support eligibility.

Sunfox shall not materially reduce an already purchased core Product function without reasonable justification, notice and an appropriate remedy where required by law.

11. AUTOMATED ANALYSIS AND ARTIFICIAL INTELLIGENCE

Certain Services may use algorithms, statistical methods, rules-based analysis, artificial intelligence or machine-learning systems to process ECGs and provide indications, classifications, measurements or alerts.

You acknowledge that:

• Automated outputs may contain false-positive, false-negative, incomplete or inconclusive results;
• Output quality depends upon the quality and completeness of the input;
• Automated analysis does not replace qualified clinical interpretation;
• Algorithmic outputs must be considered together with symptoms, history and other clinical information; and
• Any clinical decision remains the responsibility of the appropriately qualified healthcare professional.

Sunfox may improve its algorithms and processing methods over time, subject to applicable regulatory and data-protection requirements.

12. PRIVACY AND PROCESSING OF INFORMATION

12.1 Privacy Policy

Sunfox’s collection, use, storage, disclosure, retention, deletion and protection of personal information are governed by its Privacy Policy and applicable collection notices.

The Privacy Policy forms an integral part of these Terms.

12.2 Categories of information

Depending upon the Product or Service, Sunfox may process:

• Name, age, gender and contact details;
• Account and authentication information;
• ECG recordings and associated measurements;
• Symptoms, medical history or health-related information voluntarily provided;
• Product serial number, device identifiers and application information;
• Technical, diagnostic and usage logs;
• Transaction, payment and delivery details;
• Support communications; and
• Permissions and consent records.

12.3 Other persons’ information

You must not upload, record or share another person’s ECG, medical information or personal data unless you have lawful authority and all required permissions to do so.

Where you act for a patient, employee, family member or institutional patient, you represent that you are authorised to provide the relevant information and instructions.

12.4 Medical records

Sunfox does not assume the role of a hospital’s, clinic’s or healthcare professional’s official medical-record custodian merely because information is processed through the Platform.

Healthcare providers remain responsible for maintaining medical records required under applicable professional or institutional obligations.

12.5 Security

Sunfox shall implement reasonable administrative, technical and organisational safeguards appropriate to the nature of the information processed.

No electronic transmission or storage system is completely immune from risk. Users must also maintain appropriate security over their accounts, phones, computers and connected systems.

13. USER-SUBMITTED CONTENT

“User Content” includes information, documents, photographs, videos, feedback, support material, ECG records and other content submitted through the Platform.

You retain such rights as you lawfully hold in User Content.

You grant Sunfox a limited right to host, reproduce, transmit, process, analyse and otherwise use User Content only to:

• Provide and operate the Services;
• Generate requested outputs;
• Provide customer and technical support;
• Maintain security and prevent fraud;
• Comply with legal and regulatory obligations; and
• Undertake other activities described in the Privacy Policy or separately consented to.

You represent that User Content:

• Is accurate to the best of your knowledge;
• Does not unlawfully infringe third-party rights;
• Has been lawfully collected and submitted; and
• Does not contain malicious code or prohibited material.

14. PROHIBITED USE

You must not use the Platform, Products or Services:

• For an unlawful, fraudulent or misleading purpose;
• Outside their approved intended use;
• To impersonate another person;
• To access another person’s account without authority;
• To submit fabricated or manipulated health information;
• To provide unlicensed medical services;
• To make misleading claims concerning a Product’s capabilities;
• To resell, rent or commercially exploit a Product contrary to an applicable agreement;
• To tamper with serial numbers, labels, security features or software;
• To introduce malware or harmful code;
• To disrupt the Platform or its infrastructure;
• To circumvent usage, geographic, security or subscription restrictions;
• To violate intellectual-property, privacy or confidentiality rights;
• To conduct unauthorised research, testing or benchmarking;
• To copy or build a competing product using Sunfox’s confidential or proprietary information; or
• In any manner that may harm patients, Users, Sunfox or a third party.

15. ORDERS AND PURCHASES

15.1 Product information

Sunfox shall make reasonable efforts to ensure that Product descriptions, images, specifications and prices are accurate.

Images may be illustrative, and minor variations in packaging or appearance may occur without affecting the Product’s material functionality.

15.2 Order acceptance

Submission of an order constitutes an offer to purchase. An order shall be treated as accepted when Sunfox:

• Issues an express order confirmation; or
• Dispatches the Product,

whichever occurs first.

An automated acknowledgement of receipt does not necessarily constitute final acceptance.

15.3 Pricing and taxes

Prices shall be those displayed or quoted at the time of purchase, subject to correction of manifest errors.

Applicable taxes, shipping charges, subscription charges or other disclosed costs shall be shown before final confirmation or stated in the relevant quotation or invoice.

15.4 Payment

You must provide valid and authorised payment information.

Sunfox may suspend or cancel processing where:

• Payment is declined;
• Authorisation fails;
• Fraudulent activity is reasonably suspected;
• Payment details cannot be verified; or
• The transaction violates applicable law.

15.5 Availability

All orders are subject to availability. Sunfox may cancel an unavailable Product and refund the amount received for the cancelled item.

15.6 Institutional and bulk orders

Institutional, distributor, tender, customised and bulk purchases may be governed by separate commercial terms. Consumer-oriented cancellation or return facilities may not apply to such orders except where required by law or agreed in writing.

16. DELIVERY, CANCELLATION, RETURNS AND REFUNDS

Delivery, cancellation, return, replacement and refund requests shall be governed by Sunfox’s then-current Refund, Return, Cancellation, Replacement and Delivery Policy.

Nothing in that policy or these Terms shall restrict remedies available for Products that are defective, deficient, spurious, incorrectly supplied, materially misdescribed or otherwise covered by mandatory law.

17. WARRANTY AND AFTER-SALES SUPPORT

Product warranty coverage shall be governed by:

• The warranty card;
• Product documentation;
• Invoice terms;
• The Refund, Return, Cancellation, Replacement and Delivery Policy; and
• Applicable law.

Warranty coverage may be refused where the issue arises from:

• Misuse, negligence or accidental damage;
• Liquid ingress, corrosion or physical damage;
• Unauthorised opening, alteration or repair;
• Use of incompatible accessories;
• Use contrary to instructions;
• Removed or altered serial numbers;
• Normal wear and tear;
• Third-party networks, devices or software; or
• Another exclusion clearly stated in the applicable warranty.

A warranty exclusion shall not apply where the exclusion is unrelated to the reported defect or where its application would violate mandatory law.

18. THIRD-PARTY PRODUCTS AND SERVICES

The Platform may depend upon or integrate with third-party services, including:

• Telecommunications networks;
• Cloud-hosting providers;
• Payment gateways;
• Logistics providers;
• Mobile operating systems;
• Application stores;
• Messaging services; and
• Healthcare or reporting partners.

Sunfox does not control the independent operation of such third-party services.

Their availability, security, performance and terms may affect certain features. Sunfox shall remain responsible for its own obligations and shall not use this clause to exclude liability that cannot legally be excluded.

Links to third-party websites are provided for convenience and do not necessarily constitute endorsement.

19. CONNECTIVITY AND COMPATIBILITY

Some Product features may require:

• A compatible smartphone, tablet or computer;
• Bluetooth, internet or mobile-network connectivity;
• Installation of a supported application version;
• A supported operating system;
• Sufficient device storage and permissions; or
• An active subscription or service plan.

The User is responsible for ordinary internet, mobile-data and third-party equipment charges unless expressly stated otherwise.

Sunfox shall publish or communicate material compatibility requirements where reasonably practicable.

20. INTELLECTUAL PROPERTY RIGHTS

20.1 Sunfox rights

All rights, title and interest in or relating to Sunfox’s proprietary:

• Trademarks and brand names;
• Product designs and industrial designs;
• Hardware architecture;
• Software and firmware;
• Algorithms and analytical methods;
• Application interfaces;
• Databases and compilations;
• Reports and report formats;
• Manuals, illustrations and videos;
• Website content;
• Patents, patent applications and know-how; and
• Trade secrets and confidential information,

are owned by, licensed to or lawfully used by Sunfox and are protected under applicable intellectual-property laws.

20.2 Third-party components

Certain software, fonts, libraries, technologies or materials may belong to third parties and may be governed by separate licences. Nothing in these Terms transfers ownership of third-party intellectual property to Sunfox or the User.

20.3 Restrictions

No Sunfox content may be reproduced, distributed, publicly displayed, modified, commercially exploited or used to create derivative material without prior written permission, except as expressly allowed by these Terms or applicable law.

20.4 Trademarks

“Sunfox,” “Spandan,” associated logos and Product names are trademarks or trade identifiers of Sunfox or their lawful owners.

No right to use such marks is granted except to identify a genuine Product in a fair and lawful manner.

21. FEEDBACK

Where you voluntarily provide suggestions, ideas or feedback concerning the Products or Services, Sunfox may use that feedback without restriction or payment, provided that:

• Sunfox does not publicly identify you without permission;
• The feedback does not include confidential patient information; and
• Use of the feedback remains subject to applicable privacy obligations.

22. AVAILABILITY AND MAINTENANCE

Sunfox shall endeavour to maintain the reasonable availability of its digital Services but does not guarantee uninterrupted or error-free access.

Services may be temporarily unavailable because of:

• Scheduled maintenance;
• Emergency maintenance;
• Security incidents;
• Infrastructure failure;
• Telecommunications disruption;
• Regulatory requirements;
• Force majeure; or
• Circumstances beyond reasonable control.

Where reasonably practicable, Sunfox shall provide notice of material planned interruptions.

23. SAFETY INCIDENTS, ADVERSE EVENTS AND PRODUCT RECALLS

You must promptly inform Sunfox of any suspected:

• Product malfunction that caused or could have caused serious harm;
• Serious adverse event associated with Product use;
• Safety defect;
• Counterfeit Product;
• Unauthorised alteration;
• Cybersecurity issue affecting safe operation; or
• Materially incorrect labelling or instructions.

Reports may be sent to support@sunfox.in, together with the Product serial number, description of the incident and available supporting information.

Sunfox may contact the User for investigation, request return of the Product, issue corrective instructions, disable an unsafe feature, provide a replacement, or initiate a field-safety corrective action or recall where required.

Users must reasonably cooperate with any valid safety notice or recall.

24. SUSPENSION AND TERMINATION

24.1 Suspension by Sunfox

Sunfox may temporarily restrict or suspend access where reasonably necessary to:

• Investigate suspected fraud or unlawful activity;
• Protect account or Platform security;
• Prevent patient or public harm;
• Address a material breach of these Terms;
• Comply with a legal or regulatory direction;
• Prevent misuse of the Services; or
• Undertake essential maintenance.

Where appropriate, Sunfox shall notify the User and provide a reasonable opportunity to respond or remedy the breach.

24.2 Termination

Sunfox may terminate an account for:

• Repeated or material violation of these Terms;
• Fraudulent or unlawful conduct;
• Serious security abuse;
• Misuse creating a material safety risk;
• Non-payment for paid Services after reasonable notice; or
• Legal or regulatory necessity.

Sunfox shall not terminate consumer access arbitrarily or on a prohibited discriminatory ground.

24.3 Termination by User

You may discontinue use or request account closure in accordance with the applicable account and Privacy Policy procedures.

24.4 Effect of termination

Termination does not affect:

• Rights and liabilities accrued before termination;
• Outstanding payment obligations;
• Warranty or statutory rights concerning an already purchased Product;
• Lawful regulatory or record-retention obligations; or
• Clauses intended by their nature to survive termination.

25. DISCLAIMER OF WARRANTIES

Except for express warranties provided in writing and warranties that cannot legally be excluded:

• The Platform and digital Services are provided on an “as available” basis;
• Sunfox does not warrant that every Service will be uninterrupted or completely free from technical error;
• Sunfox does not guarantee that a Product or Service will detect, classify or exclude every medical condition;
• Sunfox does not guarantee a particular clinical outcome;
• Outputs depend upon proper use, input quality and other factors outside Sunfox’s control; and
• Information on the Platform does not constitute personalised medical advice unless expressly provided by an appropriately qualified professional under a separately identified service.

This clause shall not exclude an express Product warranty, statutory guarantee, product-liability obligation or duty that cannot lawfully be excluded.

26. LIMITATION OF LIABILITY

26.1 Non-excludable liability

Nothing in these Terms shall exclude or limit Sunfox’s liability for:

• Fraud or fraudulent misrepresentation;
• Wilful misconduct;
• Death or personal injury caused by negligence to the extent liability cannot legally be excluded;
• Defective Products or deficient Services to the extent governed by mandatory product-liability or consumer law;
• Breach of a non-waivable statutory obligation;
• Unlawful processing or disclosure of personal information; or
• Any other liability that cannot be excluded or limited under applicable law.

26.2 Excluded categories of loss

Subject to Clause 26.1 and to the fullest extent permitted by law, Sunfox shall not be liable for indirect, remote, special or consequential loss that was not reasonably foreseeable at the time of the relevant transaction.

This may include loss arising solely from:

• Use contrary to the instructions;
• Failure to seek timely professional medical care;
• Unauthorised alteration or repair;
• Incorrect patient information supplied by the User;
• Third-party network or device failure;
• Loss of data that the User was reasonably responsible for backing up; or
• Unauthorised account access caused by the User’s failure to protect credentials.

26.3 Liability cap for digital or subscription services

Where legally permissible and excluding Clause 26.1 matters, Sunfox’s aggregate liability arising exclusively from a paid digital or subscription Service shall not exceed the amount paid by the affected User for that Service during the 12 months immediately preceding the event giving rise to the claim.

This cap shall not be applied where it would result in an unfair contract, defeat an express remedy or unlawfully restrict a consumer’s rights.

26.4 Mitigation

Each party shall take reasonable steps to mitigate avoidable loss after becoming aware of an issue.

27. USER INDEMNITY

To the extent permitted by law, you shall indemnify Sunfox against third-party claims, losses and reasonable expenses arising directly from:

• Your deliberate unlawful use of the Platform;
• Your unauthorised submission or disclosure of another person’s information;
• Your infringement of third-party intellectual-property rights through User Content;
• Fraudulent activity conducted through your account; or
• Your unauthorised modification or commercial misrepresentation of a Product.

This indemnity shall not apply to the extent that the claim arises from Sunfox’s defect, negligence, breach, unlawful conduct or failure to comply with applicable obligations.

Nothing in this clause requires a consumer to indemnify Sunfox merely for ordinarily using a Product or exercising a statutory right.

28. FORCE MAJEURE

Neither party shall be liable for delay or failure caused by circumstances beyond its reasonable control, including:

• Natural disasters;
• Flood, fire or severe weather;
• Epidemic or public-health emergency;
• War, terrorism or civil disturbance;
• Government restriction;
• Nationwide or regional telecommunications failure;
• Labour disruption not limited to the affected party’s own workforce;
• Transport or supply-chain disruption; or
• Widespread cyberattack.

The affected party shall take reasonable steps to reduce the impact and resume performance.

Force majeure shall not excuse an obligation to refund money where a refund is required under applicable law.

29. CHANGES TO PRODUCTS AND SERVICES

Sunfox may modify, improve or discontinue a feature where reasonably necessary because of:

• Technological development;
• Security concerns;
• Regulatory requirements;
• Low usage or obsolescence;
• Third-party dependency changes; or
• Product-support limitations.

Where a material paid feature is permanently discontinued, Sunfox shall provide reasonable notice and, where appropriate, an alternative, proportionate refund or other remedy.

30. AMENDMENTS TO THESE TERMS

Sunfox may revise these Terms to reflect changes in:

• Law or regulation;
• Products and Services;
• Security requirements;
• Operational procedures; or
• Business practices.

The revised Terms shall state the date of their latest update.

Material changes shall be notified through the Platform, registered email, application notification or another appropriate channel before or upon becoming effective.

Changes shall not retrospectively remove an accrued warranty, refund or statutory right relating to a transaction already completed.

Where legally required, Sunfox shall obtain renewed affirmative consent.

31. GRIEVANCE REDRESSAL

Questions, support requests and complaints may be submitted to:

Customer Support Team
Sunfox Technologies Private Limited
Email: support@sunfox.in
Helpline: +91 7060000556

Consumer grievances shall ordinarily be acknowledged within 48 hours and addressed within the period prescribed under applicable law.

For medical emergencies, Users must contact a healthcare professional or local emergency service and must not rely upon the customer-support channel.

32. NOTICES

Sunfox may provide notices through:

• Registered email;
• Application notification;
• SMS or other registered contact channel;
• Notices displayed on the Platform; or
• Postal communication where appropriate.

You are responsible for maintaining accurate contact details.

33. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of India.

The parties shall first attempt to resolve disputes through good-faith written communication.

Subject to applicable consumer law, courts having jurisdiction over Sunfox’s registered office shall have jurisdiction over disputes arising from these Terms.

However, nothing in this clause shall:

• Restrict a consumer from approaching a competent Consumer Disputes Redressal Commission;
• Restrict access to the Central Consumer Protection Authority, Data Protection Board or another competent statutory authority; or
• Override jurisdiction conferred by mandatory law.

No consumer shall be compelled to arbitrate a dispute where mandatory law permits the consumer to approach a statutory consumer forum.

34. SEVERABILITY

Where any provision is held invalid, unlawful or unenforceable, it shall be interpreted or limited to the minimum extent necessary to make it enforceable.

The remaining provisions shall continue in effect.

35. WAIVER

Failure or delay by Sunfox in enforcing a provision shall not constitute a waiver of that provision or of the right to enforce it subsequently.

Any waiver must be express and in writing.

36. ASSIGNMENT

You may not assign or transfer your account or rights under these Terms without Sunfox’s prior written approval.

Sunfox may assign these Terms as part of a merger, restructuring, acquisition, transfer of business or transfer to an affiliate, provided that:

• The assignee assumes the applicable obligations; and
• The assignment does not materially reduce the User’s statutory or contractual rights.

37. NO PARTNERSHIP OR AGENCY

Nothing in these Terms creates a partnership, employment relationship, agency, joint venture or fiduciary relationship between Sunfox and the User.

Healthcare professionals, distributors, logistics providers and other third parties shall not have authority to bind Sunfox unless expressly authorised in writing.

38. ENTIRE AGREEMENT

These Terms, together with the documents incorporated by reference, constitute the entire agreement concerning the relevant use of the Platform, Product or Service.

They supersede prior oral or written representations concerning the same subject matter, except for:

• Fraud or fraudulent misrepresentation;
• An express written warranty;
• A separately executed agreement; or
• A right that cannot legally be excluded.

39. SURVIVAL

Clauses relating to intellectual property, confidentiality, payments, privacy, limitation of liability, indemnity, governing law, accrued rights and other provisions intended by their nature to continue shall survive termination.

40. CONTACT INFORMATION

Sunfox Technologies Private Limited
Registered Office: 112, Dharampur Road, Dehradun, 248001, Uttarakhand, India
GSTIN: 05AAYCS5941B1Z4
Email: support@sunfox.in
Helpline: +91 7060000556
Website: www.sunfox.in