• From June 2020, FREE use of the My Show & Tell App is subject to RxPrism’s approval. Please write to snt@rxprism.com if You would like to use the App for FREE. It is also important to note that RxPrism exercises discretion while approving Your request for FREE use.
  • Welcome to the "My Show & Tell" mobile application ("App"). The App is developed and managed by RxPrism Health Systems Private Limited ("RxPrism", "Company", "We", "Our", or "Us"), headquartered at #9, 1st Cross, 17th Main, HAL 2nd 'A' Stage, BANGALORE 560008 Karnataka, INDIA. The My Show & Tell application works with its frontend application called the "RxSling" application integrally to serve its commercial users. Therefore, it is important to note that the Privacy Policy and the Terms and Conditions of both the applications flow into one another. You can access the most up-to-date version of the Terms and Conditions of the RxSling application at www.myshowandtell.app/rxsling/terms.html. The RxSling application is also supported by a robust backend platform.
  • "Noncommercial users" are users who download and install the My Show & Tell App, register FREE, and create and share their Show & Tell video Contents for noncommercial purposes only. Noncommercial purpose means domestic purpose that does not generate or intend to generate revenue.
  • "Commercial users" are users who SIGN a COMMERCIAL or BUSINESS AGREEMENT with Us to download and install the My Show & Tell and RxSling Apps, register on them, and create and share their Show & Tell video Contents for commercial (specifically) or noncommercial purposes. Commercial purpose means business, commercial, or professional purpose that generates revenue or intend to generate revenue.
  • If you are a noncommercial user, You can ignore the portions of the policy documents that talk about the RxSling application, its features, and its services.
  • As a commercial user, it is also important to note that the My Show & Tell application serves the Show & Tell video Content "Creators" of Your organization while the RxSling application serves the Show & Tell video Content "Distributors" of Your organization. The Show & Tell video Content thus created by Your video Content Creators using the My Show & Tell application and distributed by Your video Content Distributors using the RxSling application are viewed by Your video Content "Viewers".
  • The terms "You" and "Your" refer to You as the organization and "They", "Their", and "Them" refer to Your video Content Creators and at times Your video Content Distributors as well as Your video Content Viewers, collectively known as the users of the App or of the "Services" offered by the App. The term 'video Content' will be hereinafter addressed as "Content".
  • PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THE APP CAREFULLY. THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT www.myshowandtell.app/privacy.html, THE TERMS AND CONDITIONS OF THE RxSLING APP AVAILABLE AT www.myshowandtell.app/rxsling/terms.html, THE PRIVACY POLICY OF THE RxSLING APP AVAILABLE AT www.myshowandtell.app/rxsling/privacy.html, THE PRIVACY POLICY FOR THE CONTENT VIEWERS AVAILABLE AT www.myshowandtell.app/viewer/privacy.html, AND ANY OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS APP CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THIS APP. BY ACCESSING OR USING THIS APP, YOU AUTOMATICALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, THE TERMS AND CONDITIONS OF THE RxSLING APP, THE PRIVACY POLICY OF THE RxSLING APP, THE PRIVACY POLICY FOR THE CONTENT VIEWERS, AND ANY OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS APP. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, THE TERMS AND CONDITIONS OF THE RxSLING APP, THE PRIVACY POLICY OF THE RxSLING APP, THE PRIVACY POLICY FOR THE CONTENT VIEWERS, AND ANY OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS APP, PLEASE DO NOT ACCESS OR USE THIS APP.
  • These Terms and Conditions, the My Show & Tell Privacy Policy, the RxSling Terms and Conditions, the RxSling Privacy Policy, the Privacy Policy for the Content Viewers, any other policies that may be applicable to specific portions of this App, and any disclaimers that may be present on the App are referred to as "Agreement".
  • If You are accessing the My Show & Tell App, then this Agreement will continue to apply to such use. In addition, there may be additional terms, such as the terms imposed by mobile application stores, which will govern the use of this mobile application.
  • The features/services of this App are available globally.
    The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
  1. The App
  • 1.1. Registered Users: The App is accessible to all "Registered Users". "Registered Users" are users who have registered themselves an account on the App by providing Us certain Personal Information and who can log on to the App by providing their mobile number/email ID and password. "Registered Users" are also users who have registered themselves an account on the App through Linked Networks, such as Google, and uses this account to log on to the App.
  • 1.2. Registered Commercial Users: "Registered Commercial Users" are people whom You as an organization designate to create Your Contents on the App. First, Your Content Creators use Their mobile number and email ID, with Your organization-specific domain name, to create a free account on the App. We upgrade any free account to a commercial account upon receipt of a confirmation email from You with details of accounts that You want Us to upgrade. Your Content Creators can then continue using Their account on the App to create Content for You. When You or Your Content Creators decide to delete an account or when the subscription license expires or is terminated, We downgrade the commercial account to a free account after a grace period during which time we submit relevant usage reports and purge all Your commercial Contents created until then. The duration of the grace period may vary or may not exist depending upon the various business scenarios and agreements that We get into with You. In cases where You intend to continue using the applications during the grace period, We may call off the grace period and charge You based on Your usage. After We downgrade a commercial account with email IDs containing Your organization-specific domain name, Your Content Creators may continue using it as a free account and access Their contents that They might have created before the account was upgraded to a commercial account. Alternatively, You may opt to terminate Your commercial account once and for all or decide not to permit Your Content Creators to continue using the account as free.
  • 1.3. Features of the App: The App enables You (Your Content Creators, in case of commercial users) to create a Show & Tell Content quickly and share it with Your target audience (Your designated Content Distributors, in case of commercial users). The Show & Tell Content enables You (Your Content Creators, in case of commercial users) to SHOW photos, images, document pages, and/or presentation slides of your interest and TELL about them through live or prerecorded selfie videos, live or prerecorded audios, or GIFs.
  1. Use of the App by All Users
  • 2.1. You (and Your Content Creators, in case of commercial users) will use the App, its features, and its Services only in relation to and in compliance with all applicable Indian laws. You (and Your Content Creators, in case of commercial users) will not use this App, its features, and its Services for any purposes not intended under this Agreement.
  • 2.2. You (and Your Content Creators, in case of commercial users) will not deliberately use the App, its features, or its Services in any way that is unlawful or harms RxPrism, its directors, employees, affiliates, distributors, partners, service providers, other users, and/or data/content on the App.
  • 2.3. You (and Your Content Creators, in case of commercial users) understand that as part of the registration process as well as in the course of the use of the App, You (Your Content Creators, in case of commercial users) may receive SMS (short messaging service) messages and/or emails from Our backend team on Your (Their, in case of commercial users) registered mobile number and/or Your (Their, in case of commercial users) registered email ID, respectively. These messages and/or emails will relate to Your (Your Content Creators', in case of commercial users) registration (eg, OTP confirmation during registration and forgot password) and any such information found suitable for Your (Their, in case of commercial users) attention (eg, information on latest App upgrades). Please note that Our backend team will send these messages and/or emails only to the mobile number and/or the email ID that You (or Your Content Creators, in case of commercial users) provide on the App or outside the App. It is Your (and Your Content Creators', in case of commercial users) responsibility to ensure that You (They, in case of commercial users) provide the correct mobile number and email ID. Besides the modes of providing consent as described in the My Show & Tell Privacy Policy, You (and Your Content Creators, in case of commercial users) hereby consent to receiving such messages and/or emails from Our backend team.
  • 2.4. By using the App and/or registering yourself on the App, You (and Your Content Creators, in case of commercial users) authorize Us to contact You (Them, in case of commercial users) via email, phone call, or SMS and offer You (Them, in case of commercial users) services for the product You (They, in case of commercial users) have opted for, imparting product knowledge, offer promotional offers running on the App, for which reasons, personally identifiable information may be collected from You (Them, in case of commercial users) as stated under the My Show & Tell Privacy Policy.
  • 2.5. We do not enforce any policy for Your (Your Content Creators', in case of commercial users) Account password. However, depending upon the importance of Your (Their, in case of commercial users) usage, We request You (Them, in case of commercial users) to set a stronger password containing a combination of alphanumeric and special characters to ensure maximum protection for Your (Their, in case of commercial users) account.
  • 2.6. You (Your Content Creators, in case of commercial users) cannot edit Your (Their, in case of commercial users) mobile number and email ID once You (They, in case of commercial users) complete Your (Their, in case of commercial users) registration on the App. As a noncommercial user, if You change Your mobile number or email ID, it is important that You delete Your existing My Show & Tell account and register for a new account. As a commercial user, if Your Content Creators change Their mobile number or email ID, it is important that They write to Us (on the email ID mentioned below). We shall take further steps after careful evaluation and verification with You (contracted organization).
  • 2.7. We do not verify Your (Your Content Creators', in case of commercial users) email ID during registration. Therefore, it is important that You (and Your Content Creators, in case of commercial users) furnish an appropriate email ID. As a noncommercial user, if You forget Your email ID or provide a wrong/invalid email ID, You may even have to delete Your existing My Show & Tell account and re-register for a new one. As a commercial user, if Your Content Creators forget Their email ID or provide a wrong/invalid email ID, it is important that They write to Us (on the email ID mentioned below). We shall take further steps after careful evaluation and verification with You (contracted organization).
  • 2.8. Once You (Your Content Creators, in case of commercial users) log on to the App, Your (Their, in case of commercial users) session will remain live on Your (Their, in case of commercial users) mobile until You (They, in case of commercial users) sign out manually. In any unfortunate event of losing Your (Their, in case of commercial users) mobile (theft), there is a fair chance for someone else to access Your (Their, in case of commercial users) My Show & Tell account from Your (Their, in case of commercial users) lost mobile. Therefore, it is imperative for You (Them, in case of commercial users) to log on to Your (Their, in case of commercial users) account from a different device as soon as possible. When You (They, in case of commercial users) do that, Your (Their, in case of commercial users) earlier instance on Your (Their, in case of commercial users) previous device will automatically log out. Besides, You (They, in case of commercial users) may also choose to change Your (Their, in case of commercial users) password for additional security.
  • 2.9. Since all Contents in the App are stored on a cloud, You (Your Content Creators, in case of commercial users) can log in and access Your (Their, in case of commercial users) Content from any device. Your (Their, in case of commercial users) Personal Information, Activity Information, Contents, and preferences are deleted only when You (They, in case of commercial users) delete Your (Their, in case of commercial users) account, in accordance to the terms of deleting Your (Their, in case of commercial users) account specified in the My Show & Tell Privacy Policy.
  • 2.10. You (Your Content Creators, in case of commercial users) will obtain all relevant consents and approvals prior to using the App to create any Content.
  • 2.11. You (Your Content Creators, in case of commercial users) are responsible for the Content You (They, in case of commercial users) create. The consequence of any violation with respect to Your (Their, in case of commercial users) Content will be borne by You (and Your Content Creators, in case of commercial users). Please note that We reserve the rights to remove any abusive, unsocial, objectionable, or inappropriate Content with or without notice.
  • 2.12. If Your viewers (Your Content Viewers, in case of commercial users) notice any abusive, unsocial, objectionable, or inappropriate Content or any copyright violations, They can report it by tapping the 'i' icon on the top-right corner of every Show & Tell Content while it plays and then tapping the 'Report Abuse' button. Upon receipt of Their complaint, We will evaluate Their request, determine its severity, and perform appropriate action in no more than 24 hours.
  • 2.13. It is important to note that the noncommercial use of this App is free while its commercial use is chargeable. Please write to snt@rxprism.com for a commercial account.
  • 2.14. As a noncommercial user, You have limitations in the number of Show & Tell video Contents You can create. You can view Your Content-creation limit on the dashboard on Your Home page. Please note that We hold the rights to change this limit without notice whenever We see a requirement to do so. Whereas, as a commercial user, Your Content Creators can create more number of Show & Tell video Contents depending upon Your subscription plan.
  • 2.15. As a noncommercial user, You may use the App for Your family members and friends. However, please note that You will be solely responsible for any activity that is undertaken through Your account on behalf of Your family members and friends.
  • 2.16. All the contents in the App are public contents by default. Public Content is the Content that is accessible through an open URL. If You (Your Content Creators, in case of commercial users) want Us to treat Your (Their, in case of commercial users) Content as private, You (They, in case of commercial users) may secure Your (Their, in case of commercial users) content with a PIN under the Optional Settings in the Save & Share screen of Your (Their, in case of commercial users) Show & Tell Content. However, You (Your Content Creators, in case of commercial users) must remember to share the PIN with Your viewers (Their Content Distributors and the Content Distributors with Their Content Viewers, in case of commercial users) for them to access the Content.
  • 2.17. We have also incorporated an additional layer of protection for Your (Your Content Creators', in case of commercial users) Content by adding a Content-Protection feature in the App. This feature restricts You (Your Content Creators, Distributors, and Viewers, in case of commercial users) from forwarding Your (Their, in case of commercial users) Content URL to more than one individual. After Your (Your Content Creators' or Distributors', in case of commercial users) intended recipient opens and views a Protection-enabled Content URL on his/her device browser and forwards the URL to another individual, that individual will not be able to open and view it on his/her device browser. In other words, after a Protection-enabled Content URL is opened and viewed by an individual on his/her device browser, the same Content URL cannot be opened and viewed by any other individual on any other device browsers. Conversely, if You (Your Content Creators, Distributors, and Viewers, in case of commercial users) share a protection-enabled Content URL to an individual and if someone else, including You yourself (They themselves, in case of commercial users), opens and views the URL on his/her (Your, in case You Yourself are viewing; Their, in case of commercial users) device browser before the intended recipient does so, the intended recipient will not be able to open and view the Content URL on his/her device browser. However, if Your Content Creator or Distributor views the Protection-enabled Content URL on Their App instead of Their device browser, Their intended recipient can still open and view Their Protection-enabled Content URL on his/her device browser.
  • 2.18. (For commercial users only) The Content URLs distributed by Your Content Distributors will be a short URL with the rxp.at and/or rxpl.info domain. The Content URL with the rxp.at and/or rxpl.info domain enables You to track the usage of Your Content by Your Content Viewers. If someone else, including Your Content Distributor himself/herself, opens and views this URL before the intended recipient does so, the activity information of the intended recipient on the specific Content will apparently be false. Therefore, if Your Content Distributors want to ensure Their Contents are tracked effectively, They must share Their Contents to Their intended Content Viewers from within the App only. If They share the URL from outside the App, from Their sent items, to many Viewers simultaneously, the URL will reach only the intended Content Viewer or the Content will stop playing for everyone. Additionally, if anyone tries to tamper the characters in the URL, the Content may not play.
  • 2.19. (For commercial users only) Based on Your subscription plan, Your Content Creators can only create a set limit of Show & Tell video Contents. For instance, if You have subscribed to a basic plan, Your Content Creators can only create a maximum of 100 Show & Tell video Contents. If You want Your Content Creators to be allowed to create more than this number, You must subscribe to bigger subscription plans.
  • 2.20. (For commercial users only) You must ensure that all Your Content Creators are mapped to Their respective Content Distributors. Only then, Your Content Creators can push Their Contents to the relevant Content Distributors.
  • 2.21. (For commercial users only) Each Content Distributor will be able to view and distribute only the Contents that have been assigned to him/her by those Content Creators whom You have assigned to the specific Content Distributor. A Content Distributor can receive Contents from 1 or 2 Content Creators.
  • 2.22. (For commercial users only) If Your Content Creators on the My Show & Tell App have the Sling system enabled, They can push Their Contents from the My Show & Tell App to one or more of Your Content Distributors on the RxSling App (as designated by You). Your Content Creators on the My Show & Tell App can also delete Their Contents and update Their Contents (as much as They can update on the My Show & Tell App) that They have already pushed to the RxSling App.
  • 2.23. (For commercial users only) Your Content Distributors can personalize the Content only to the extent to which Their respective Content Creators have permitted (configured) while creating the Content.
  • 2.24. (For commercial users only) We use Your organization-specific domain name in the email IDs to recognize the email IDs of Your Content Creators and Content Distributors. Therefore, You must ensure all Your Content Creators and Content Distributors have Your organization-specific domain name in Their email IDs.
  • 2.25. (For commercial users only) Your Content Creators and Distributors can generate only minimal activity reports from within Their respective Apps. Our backend team will provide You with elaborate and structured reports on a regular basis as agreed while signing the Statement of Work (SOW) and as explained in the My Show & Tell and RxSling Privacy Policies.
  • 2.26. Currently, the App and all its algorithms support English language. However, if Your device allows You to type in any other languages, We will attempt to support that using UTF-16.
  • 2.27. We have developed and tested the App on all common devices and browsers and have ascertained it to work in all of those scenarios without any glitch. However:
  • 2.27.1. For noncommercial users: We are not responsible if the App does not work on any specific or peculiar scenario or cause any damage to the software or the hardware of any specific device.
  • 2.27.2. For commercial users: If You or Your Content Creators observe that the App is not working on any specific or peculiar scenario or cause any damage to the software or the hardware of any specific device, We request You or Them to bring it to Our notice at the earliest (on the email ID provided below). Our backend team will evaluate the problem and provide appropriate solution at the earliest.
  • 2.28. To know more about any latest addition (features) to the App, You (and Your Content Creators, in the case of commercial users) may check the FAQ section on the App menu.
  • 2.29. You (and Your Content Creators, in the case of commercial users) acknowledge that We compress Your (Their, in the case of commercial users) photos, images, document pages, presentation slides, audios, videos, and GIFs to fit into a bandwidth to ensure ease of use. Based on the quality of Your (Their, in the case of commercial users) files, this activity may sometimes lead to a reduction in the clarity of Your (Their, in the case of commercial users) photos, images, document pages, presentation slides, audios, videos, and GIFs. Nevertheless, We are working to ensure the best viewing experience for Our users all the time.
  • 2.30. The minimum mandate to create a Show & Tell Content is the image(s) that You (Your Content Creators, in the case of commercial users) want to show, a selfie video or audio describing Your (Their, in the case of commercial users) images, and an appropriate title for Your (Their, in the case of commercial users) Show & Tell Content.
  • 2.31. If You (Your Content Creators, in the case of commercial users) do not set a picture specifically for Your (Their, in the case of commercial users) Show & Tell Content, the App generates Your (Their, in the case of commercial users) Show & Tell Content using the picture available in Your (Their, in the case of commercial users) account profile. If You (Your Content Creators, in the case of commercial users) set a content-specific picture, Your (Their, in the case of commercial users) Show & Tell Content displays that picture and the information 'i' screen (that opens when You [Your Content Creators, in the case of commercial users] tap the 'i' on the top-right corner of Your [Their, in the case of commercial users] Show & Tell Content when it plays) displays the picture of Your (Their, in the case of commercial users) account profile.
  • 2.32. If You (Your Content Creators, in the case of commercial users) want to protect Your (Their, in the case of commercial users) identity, You (They, in the case of commercial users) may always choose to describe Your (Their, in the case of commercial users) shared images through an audio recording instead of a video recording. You (Your Content Creators, in the case of commercial users) may also choose to remove Your (Their, in the case of commercial users) profile picture or replace Your (Their, in the case of commercial users) profile picture with any other generic picture if You (They, in the case of commercial users) do not want the audio snippet to display Your (Their, in the case of commercial users) profile picture on it. Nevertheless, You (Your Content Creators, in the case of commercial users) acknowledge that We cannot mask Your (Their, in the case of commercial users) First and Last Names on the Content You (They, in the case of commercial users) share.
  • 2.33. A Call-to-Action feature in the App enables You (Your Content Creators, in the case of commercial users) to embed a Learn More, Buy Now, View, Launch, WhatsApp Me, SMS Me, or Email Me button on Your (Their, in the case of commercial users) Content to direct the viewer of Your (Their, in the case of commercial users) Content to a third party site or perform the respective function. You (Your Content Creators, in the case of commercial users) can also embed a Call-to-Action button called Contact, which allows You (Them, in the case of commercial users) to configure any advanced communication protocol along with a URL to execute the given protocol. The Call-to-Action feature is entirely configured by You (Your Content Creators, in the case of commercial users) as the user of the App. Tapping on a Call-to-Action button, Your viewers (Your Content Viewers, in the case of commercial users) may navigate to a third party website for further communication (or) for simply viewing some details (or) for viewing a product page on an e-commerce website (or) for processing any payment and so on. It is important to note that Your viewers (Your Content Viewers, in the case of commercial users) are performing this action at Their own will. We as a facilitator for Your Content do not endorse the quality or claims of Your product or messages delivered or authorize any action that Your viewers (Your Content Viewers, in the case of commercial users) perform on the App.
  • 2.34. As commercial users of the App, Your Content Creators can themselves configure the Call-to-Action feature on Their Content or allow Their Content Distributors to configure it under certain set protocols. This facility is to allow the Content Distributors the freedom to customize the Content that They distribute to Their Content Viewers as They understand Their Content Viewers' requirements better.
  • 2.35. Use of Unsplash API in Our App: We have integrated Unsplash API into Our App from where users of Our App could access the Unsplash library and pick up images to develop their Show & Tell Content. We have adhered to their minimum guidelines (as follows) with adequate approvals before incorporating this feature on Our App:
  • 2.35.1. Named the relevant menu option as 'Browse From Unsplash'.
  • 2.35.2. Added the Unsplash logo in the image browse window.
  • 2.35.3. Displayed the Unsplash photographer's name on every image in the browse window.
  • 2.35.4. Incorporated a functionality that allows users to search for any photographer's first or last names in the Search bar of the browse window.
  1. Our Role
  • 3.1. Our role is limited to providing an App for You (Your Content Creators, in case of commercial users) to:
  • 3.1.1. Add Your (Their, in case of commercial users) photos, images, document pages, or presentation slides that You (They, in case of commercial users) want to show.
  • 3.1.2. Record what You (They, in case of commercial users) want to tell about Your (Their, in case of commercial users) photos, images, and so on through a selfie video or audio, prerecorded video or audio, or GIFs.
  • 3.1.3. Share Your (Their, in case of commercial users) Show & Tell Content thus developed with Your (Their, in case of commercial users) target audience online.
  • 3.2. If We suspect any illegal, wrongful, or fraudulent activity on the App or tampering, reengineering, hacking, or extracting the codes in the App by any registered user or any other users, notwithstanding any other rights We may have, We reserve the right to inform the relevant government or law enforcement authorities. We will cooperate in all investigative procedures or requests for access/information initiated by any such government or law enforcement authorities.
  • 3.3. We do not endorse or influence control over any particular subject, theory, opinion, viewpoint, or position on any topic published through Our App.
  1. Links to Third Party Apps
  • 4.1. You (Your Content Creators, in case of commercial users) may be provided with links on the App that direct You (Them, in case of commercial users) to third party apps/applications/content or service providers, including advertisers (not for commercial users) and e-commerce apps (collectively "Third Party Apps").
  • 4.2. We do not endorse any Third Party Apps that You (Your Content Creators, in case of commercial users) may be directed to from the App.
  • 4.3. Links to such Third Party Apps are provided for Your (Your Content Creators', in case of commercial users) convenience only. You (Your Content Creators, in case of commercial users) must exercise Your (Their, in case of commercial users) independent judgment and prudence when visiting/using any Third Party Apps via a link available on the App. Should You (Your Content Creators, in case of commercial users) decide to click on the links to visit such Third Party App, You (They, in case of commercial users) do so of Your (Their, in case of commercial users) own volition. Your (Your Content Creators', in case of commercial users) usage of such Third Party Apps and all content available on such Third Party Apps are subject to the Terms and Conditions of the respective Third Party App and We are not responsible for Your (Your Content Creators', in case of commercial users) use of any Third Party Apps.
  1. Proprietary Rights
  • 5.1. We respect the intellectual property rights of others, and We expect the same from You (Your Content Creators, in case of commercial users). The App, the user, and the data are protected by applicable intellectual property laws.
  • 5.2. Our Rights to the App and Our Content:
  • 5.2.1. All intellectual property in and to the App, any software, techniques, and processes used in connection with the App, belongs exclusively to Us or Our licensors. Through Your (Your Content Creators', in case of commercial users) use of the App, by no means are any rights impliedly or expressly granted by Us to You in respect of such works.
  • 5.2.2. We and/or Our licensors assert all proprietary rights in and to all names and trademarks contained on the App. Notwithstanding the generality of the foregoing, the name, "RxPrism", "My Show & Tell App", and "RxSling App" are Our trademarks and copyrights (or any other intellectual property right) and/or that of Our licensors. Any use of Our trademarks or copyrights, unless otherwise authorized in a written agreement, will constitute an infringement upon Our trademark and copyright (or any other such intellectual property right) and may be actionable under applicable laws.
  • 5.2.3. Except as stated otherwise in this Agreement, the My Show & Tell App and the RxSling App (including all intellectual property rights) is owned exclusively by Us and/or Our licensors.
  • 5.2.4. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You (or Your Content Creators, in case of commercial users) any license to intellectual property rights, whether by estoppel, implication, or otherwise.
  • 5.2.5. All Your (Your Content Creators', in case of commercial users) Show & Tell Contents are hosted on a public URL in the showandtell.app domain.
  • 5.2.6. (For commercial users only) Although all Show & Tell Contents are hosted on a public URL, Your Content Creators and Distributors have the option of protecting Their Contents by way of setting a PIN and/or activating Content Protection as covered earlier in this Terms and Conditions. It is also important to note that the short URL of Your Content as distributed by Your Content Distributors shows the rxp.at and/or rxpl.info domain.
  • 5.2.7. Unless We expressly authorize, You (Your Content Creators, in case of commercial users) agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of RxPrism, in whole or in part, by any means. You (Your Content Creators, in case of commercial users) must not remove or modify any copyright or trademark notice or other notices of ownership.
  1. Personal Information
  • 6.1. We may collect various personal information from You (Your Content Creators, in case of commercial users) when You (They, in case of commercial users) use the App and/or the features provided by the App.
  • 6.2. Our Privacy Policy available at www.myshowandtell.app/privacy.html sets out Our policy with respect to the collection, usage, storage, processing, disclosure, and transfer of any such Information of Our noncommercial users and the collection, usage, storage, processing, and destruction of any such Information of Our commercial users.
  • 6.3. When You (Your Content Creators, in case of commercial users) tap the 'SIGN UP' button at the time of registering or otherwise provide Your (Their, in case of commercial users) Personal Information, You (and They, in case of commercial users) specifically consent to Our Privacy Policy.
  • 6.4. With respect to noncommercial users, We may disclose Your Personal Information in accordance with applicable laws.
  1. Disclaimers
  • 7.1. For noncommercial users
  • 7.1.1. We disclaim any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the App and its features (ii) any information received through the App (iii) transmissions of data, and (iv) any other matter relating to the App and/or services.
  • 7.1.2. We make no warranty or representation that any errors in the App will be corrected except as required by law.
  • 7.1.3. The App is provided on an "as is" and "as available" basis. Neither any third party service providers nor We are liable for any technical or other operations difficulties or problems that may result in the loss of Your data, personalization settings, or other interruptions in the features offered on the App. Neither any third party nor We are liable for the deletions, loss, miss-delivery, timeliness, or failure to store or transmit any data or Your personalization settings.
  • 7.1.4. We do not provide any guarantee and shall not be held liable or responsible for the failure to send SMS or other notifications or reminders to You as a feature of the App.
  • 7.1.5. We shall not be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond Our control or act of God or due to technical reasons or third party actions.
  • 7.2. For commercial users
  • 7.2.1. We provide warranty for the security, reliability, quality, timeliness, and performance of (i) the App and its features (ii) any information received through the App (iii) transmissions of data, and (iv) any other matter relating to the App and/or Services.
  • 7.2.2. We do provide guarantee but shall not be held liable or responsible for the failure to send SMS or other notifications or reminders to You or Your Content Creators as a feature of the App.
  • 7.2.3. While We will endeavor to take all reasonable and appropriate steps to keep secure any Information which We hold about Your Content Creators and prevent its unauthorized access, You and Your Content Creators acknowledge that the Internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of Your Content Creators' Personal Information. We shall not be responsible or liable in any way for any breach or unintended loss or disclosure of Information, including Personal Information, caused due to events beyond Our control or act of God or due to technical reasons or third party actions.
  1. Limitation of Liability
  • 8.1. To the fullest extent permitted by law, in no event will We or Our affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not We have been warned of the possibility of such damages or could have reasonably foreseen such damages.
  1. Representation and Warranties
  • 9.1. By Using This App You (Your Content Creators, in case of commercial users) Represent And Warrant That:
  • 9.1.1. You (They, in case of commercial users) are 18 years of age or older and that Your (Their, in case of commercial users) use of the App shall not violate any applicable law or regulation;
  • 9.1.2. All registration information You (They, in case of commercial users) submit is truthful and accurate and that You (They, in case of commercial users) agree to maintain the accuracy of such information;
  • 9.1.3. You as an INDIVIDUAL (You as an ORGANIZATION and Your Content Creators as INDIVIDUALS, in case of commercial users), registered on the App, will use the App solely for YOUR commercial and noncommercial purposes;
  • 9.1.4. Your (Your Content Creators', in case of commercial users) use of this App shall be subjected to the following restrictions:
  • 9.1.4.1. You (They, in case of commercial users) will not delete or modify any content of the App including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols and logos that You (They, in case of commercial users) do not own or have express permission to modify;
  • 9.1.4.2. You (They, in case of commercial users) will not decompile, reverse engineer, or disassemble the App and its features;
  • 9.1.4.3. You (They, in case of commercial users) will not remove any copyright, trademark registration, or other proprietary notices from the App. You (They, in case of commercial users) further agree not to access or use this App in any manner that may be harmful to the operation of this App or its features;
  • 9.1.5. You (and Your Content Creators, in case of commercial users) will not use the App and/or its services in any way that is unlawful or harms Us or any other person or entity as determined in Our sole discretion.
  • 9.1.6. You (or Your Content Creators', in case of commercial users) will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing", and "griefing" as those terms are commonly understood and used on the Internet.
  • 9.1.7. You (or Your Content Creators', in case of commercial users) will not host, display, upload, modify, publish, transmit, update, or share any information that:
  • 9.1.7.1. belongs to another person and to which the You (or Your Content Creators, in case of commercial users) do not have any right to;
  • 9.1.7.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • 9.1.7.3. harms minors in any way;
  • 9.1.7.4. infringes any patent, trademark, copyright, or other proprietary rights(s), violates any law for the time being in force;
  • 9.1.7.5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • 9.1.7.6. impersonates another person;
  • 9.1.7.7. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
  • 9.1.7.8. threatens the unity, integrity, defense, security, or sovereignty of any countries, friendly relations with their foreign states or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting any other nation.
  1. Additional Terms
  • 10.1. Additional terms and conditions may apply in order for You (or Your Content Creators, in case of commercial users) to avail specific Services and to specific portions or features of the App, all of which terms are made a part of these Terms and Conditions by this reference. You (and Your Content Creators, in case of commercial users) agree to abide by such other terms and conditions, including where applicable representing that You (and Your Content Creators, in case of commercial users) are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the App or for any Service offered on or through the App, the latter terms shall control with respect to Your (and Your Content Creators', in case of commercial users) use of that portion of the App or the specific Service.
  1. Indemnification
  • 11.1. You (and Your Content Creators, in case of commercial users) hereby indemnify, defend, and hold Us, Our distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, and representatives harmless from and against any and all losses, damages, liabilities, and costs arising from (i)Your (Your Content Creators', in case of commercial users) use of the App (ii) Your breach of provisions of this Agreement, and (iii) any negligent or intentional wrongdoing on Your part.
  1. Termination
  • 12.1. We reserve the right, in the event We find out in Our sole discretion that You (or Your Content Creators, in case of commercial users) breached the Agreement, to suspend and/or terminate Your (or Your Content Creators', in case of commercial users) account(s) and/or access to the App by blocking Your (or Your Content Creators', in case of commercial users) IP address or email ID with or without notice to You (or Them, in case of commercial users). Any suspected illegal, fraudulent, or abusive activity may be grounds for suspending and/or terminating Your (or Your Content Creators', in case of commercial users) account(s) and/or Your (or Your Content Creators', in case of commercial users) access to the App. Upon suspension or termination, Your (or Your Content Creators', in case of commercial users) right to use the features on the App shall immediately cease and We reserve the right to remove or delete Your (Your Content Creators', in case of commercial users) information and/or Content that is available with Us, including but not limited to login and account information.
  • 12.2. Upon user account termination or suspension, regardless of the reasons therefore, Your (and Your Content Creators', in case of commercial users) right to use the App, User data, or Our information immediately ceases, and You (and Your Content Creators, in case of commercial users) acknowledge and agree that We may immediately deactivate or delete Your (and Your Content Creators', in case of commercial users) account and all related information and files in Your (and Their, in case of commercial users) account and/or bar any further access to such files or this App. We shall not be liable to You (or Your Content Creators, in case of commercial users) or any third party for any claims or damages arising out of any termination or suspension of Your (and Your Content Creators', in case of commercial users) user account or any other actions taken by Us in connection with such account termination or suspension.
  1. Governing Law and Jurisdiction
  • 13.1. The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India, Bangalore Jurisdiction.
  1. Modifications
  • 14.1. We update Our Terms and Conditions incorporated into Our App menu whenever We update and release a new version of Our App. When You (Your Content Creators, in case of commercial users) use an older version of Our App, the App will still be functioning but without the updated features and the updated Terms and Conditions. In such cases, You (and Your Content Creators, in case of commercial users) should periodically review the most up-to-date version of Our Terms and Conditions at www.myshowandtell.app/terms.html. In other words, to access Our latest Terms and Conditions, You (Your Content Creators, in case of commercial users) must either ensure You (They, in case of commercial users) are using the latest version of Our App or refer to Our latest Terms and Conditions at the link provided above in this paragraph. Besides, We may, in Our sole discretion, modify or revise these Terms and Conditions, Privacy Policy, and any other relevant policies at any time, and You (and Your Content Creators, in case of commercial users) agree to be bound by such modifications or revisions. The last sentence in the Terms and Conditions indicates when it was last updated.
  1. Arbitration
  • 15.1. Any dispute, claim, or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your (Your Content Creators', in case of commercial users) use of the App or its features or the information to which it gives access, shall be determined by arbitration in India. The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
  • 15.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
  1. General Provisions
  • 16.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provisions were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
  • 16.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
  • If to Us:
  • RxPrism Health Systems Private Limited
  • #9, 1st Cross, 17th Main, HAL 2nd 'A' Stage, Bangalore 560008, Karnataka, INDIA
  • Email ID: snt@rxprism.com
  • If to You:
  • At the email address provided by You to Us at the time of signing the SOW.
  • 16.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  • 16.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
  • 16.5. Force Majeure: We shall not be liable for any downtime or delay or unavailability of the App caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
  • 16.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
  • 16.7. Advertisement (for noncommercial users only): We shall have the right to insert advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Show & Tell Content.
  • 16.8. Assignment: You may not assign or sub-license, without Our prior written consent, the rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity.
  • 16.9. Conflict: In the event there is any conflict between the terms set out in these Terms and Conditions, the My Show & Tell Privacy Policy, the RxSling Terms and Conditions, the RxSling Privacy Policy, and any other policies applicable to specific pages of the Apps, the following order of prevalence shall apply: (i) the My Show & Tell Privacy Policy (ii) these Terms and Conditions, (iii) the RxSling Privacy Policy, (iv) the RxSling Terms and Conditions, (v) The Viewer Privacy Policy, and (vi) any other policies applicable to specific pages of the Apps.
  • Version  1.1.2
  • Last updated on:  June 25, 2020