Dhem Terms of Service
Effective Date: April 5, 2026
Last Updated: April 5, 2026
Table of Contents
- Acceptance of Terms & Relationship of the Parties
- Eligibility & Capacity to Contract
- Scope: Covered Services and Independent Exclusions
- The Dhem Account, Authentication & Security
- Description of Services & Right to Modify or Discontinue
- Acceptable Use & Prohibited Conduct
- User Content, Uploaded Datasets & Intellectual Property Rights
- Artificial Intelligence, Machine Learning & Output Disclaimer
- Billing, Payments, Subscriptions & Refunds
- Dhem Intellectual Property & Proprietary Rights
- Feedback & Unsolicited Submissions
- Copyright Complaints & DMCA / Intermediary Takedown Procedure
- Third-Party Integrations, Streamers & External Services
- Privacy & Data Protection
- Account Termination & Survival of Terms
- Disclaimers of Warranties ("AS IS" and "AS AVAILABLE")
- Limitation of Liability
- Indemnification by the User
- Governing Law, Dispute Resolution & Binding Arbitration
- General Legal Provisions
- Modifications to These Terms
- Contact Information & Grievance Mechanism
- App-Specific Terms
1. Acceptance of Terms & Relationship of the Parties
These Terms of Service ("Terms") constitute a legally binding contract between you (whether as an individual or on behalf of an entity, "you", "your", or "User") and Murtaza Baanihali, operating under the business name Dhem and Dhem Org ("Dhem", "we", "us", or "our"), governing your access to and use of Dhem and all products, services, websites, applications, centralized APIs, and software operating under it (collectively, the "Services").
By clicking "Sign Up", "I Agree", "Continue", creating a central Dhem account, installing our mobile applications, accessing our APIs, or otherwise interacting with or using Dhem and the products or services operating under it, you confirm that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE SERVICES.
2. Eligibility & Capacity to Contract
You may only use the Services if you:
- Are at least 18 years of age, or have reached the legal age of majority in your jurisdiction, possessing full legal capacity and competence to enter into binding agreements; or
- Are at least 13 years of age (or the minimum legal age for digital consent in your jurisdiction) and access the Services strictly under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
- Are not barred from receiving or using software under the laws of India, the United States, or any other applicable export control or sanctions jurisdiction.
If you access, interact with, or use Dhem and the products or services operating under it on behalf of a university, hospital, medical institution, business enterprise, or legal entity, you represent and warrant that you are authorized to bind that institution or entity to these Terms.
3. Scope: Covered Services and Independent Exclusions
3.1 Covered Services (In Scope)
These Terms govern the central Dhem digital umbrella, including:
- The website and developer portal at
dhem.ioanddeveloper.dhem.io. - Centralized user accounts and Single Sign-On (SSO) infrastructure at
accounts.dhem.io. - Central API server endpoints hosted at
api.dhem.io. - The Badr and Badr Play video streaming platforms and mobile applications (
com.dhem.badr). - The Thesis Maker AI-assisted academic generation platform and processing workers.
- Centralized billing and subscription management via Polar.sh and RevenueCat.
- Any future application, product, or service developed and launched under Dhem that links to or incorporates these Terms.
3.2 Explicit Exclusions (Out of Scope)
Certain independent software products created by the founder operate under autonomous legal entities and distinct technical stacks.
Specifically excluded from these Terms are: iReplyy, DheGEN, Dhesend, and any other product that maintains its own dedicated Terms of Service and Privacy Policy.
These excluded products share only founder attribution with Dhem; they do not share authentication sessions, user accounts, payment systems, or infrastructure with Dhem Org. Their usage is governed exclusively by their independent legal terms and not by this document.
4. The Dhem Account, Authentication & Security
4.1 Unified Central Account
Access to authenticated applications and products operating under Dhem is enabled through a single, centralized identity system hosted at accounts.dhem.io. When you create a Dhem account, your profile is recognized across Dhem and all participating products and services operating under it.
4.2 Account Responsibilities
- Accuracy: You must provide accurate, current, and complete information during registration and keep your account details updated.
- Account Security: You are solely responsible for maintaining the confidentiality of your login credentials, multi-factor authentication tokens, and API keys. You agree not to share your credentials with third parties or allow others to access your account.
- Responsibility for Activity: You accept full legal and financial responsibility for all activities, data uploads, API calls, and transactions that occur under your account, whether or not authorized by you, unless you have notified us of an unauthorized compromise.
- Immediate Notification: You agree to notify us immediately at
support@dhem.ioif you discover or suspect any unauthorized access, breach of security, or token leakage related to your account.
5. Description of Services & Right to Modify or Discontinue
Dhem and the products and services operating under it provide software applications, developer infrastructure, media streaming tools, and AI-assisted document generation utilities.
We are continuously innovating and refining our platform. Therefore:
- Right to Modify: We reserve the right, in our sole discretion and without prior notice, to add, modify, update, deprecate, or discontinue any feature, application, API endpoint, model integration, or functionality of the Services at any time.
- Temporary Disruptions: We do not guarantee uninterrupted, continuous, or bug-free availability of the Services. We may temporarily suspend access for scheduled maintenance, urgent security updates, system migrations, or unforeseen infrastructure outages.
- No Liability for Changes: Dhem shall not be liable to you or any third party for any modification, price change, suspension, downtime, or discontinuance of any application or service.
6. Acceptable Use & Prohibited Conduct
You agree to interact with and use Dhem and all products and services operating under it exclusively for lawful, ethical, and legitimate purposes. We maintain a zero-tolerance policy for abuse, illegal acts, and system manipulation.
6.1 General System Integrity & Legal Restrictions
You agree that you will not, under any circumstances:
- Violate Laws: Violate any local, state, national, or international law, statute, ordinance, or regulation.
- Infringe Rights: Infringe, misappropriate, or violate the intellectual property, privacy, publicity, or statutory rights of Dhem, the products operating under it, or any third party.
- Malware & Harmful Code: Transmit, inject, upload, or execute viruses, trojan horses, worms, logic bombs, ransomware, or other malicious, destructive, or technologically harmful material.
- Circumvention & Reverse Engineering: Reverse engineer, decompile, disassemble, decipher, extract source code, or bypass technical controls, rate limiters, token counters, or security mechanisms of any portion of the Services, except to the extent express statutory law prohibits such restriction.
- Unauthorized Scraping & Automation: Use spiders, scrapers, crawlers, robots, automated downloaders, or data harvesting scripts against our APIs, web interfaces, or user directories, except through officially documented and authenticated API endpoints within authorized rate limits.
- Denial of Service: Interfere with, overburden, disrupt, or impair the integrity, performance, or availability of our servers, networks, databases, or cloud infrastructure.
- Billing Manipulation: Evade, circumvent, manipulate, or attempt to defraud our billing systems, trial periods, subscription quotas, or payment gateways.
- Impersonation & Harassment: Impersonate any person, entity, educational institution, supervisor, or business; misrepresent your affiliation; or harass, threaten, defame, abuse, stalk, or demean any individual.
- Reselling: Resell, lease, sublicense, syndicate, rent, or commercially distribute access to the Services, or provide access via "service bureau" arrangements, without prior written authorization from Dhem.
6.2 Specific Prohibited Categories of Activity
To maintain a safe, trusted, and legally sound ecosystem, you are expressly prohibited from using Dhem and any products, services, APIs, compute infrastructure, or AI tools operating under it for or in connection with:
- Gambling, betting, wagering, lotteries, or speculative games of chance;
- Alcohol, wine, spirits, or other chemical intoxicants;
- Illicit drugs, controlled substances, narcotics, or unregulated pharmaceuticals;
- Pornography, sexually explicit content, adult entertainment, or escort services;
- Child sexual abuse material (CSAM), child exploitation, or any harm to minors;
- Predatory lending, usury, interest-based payday financing, or deceptive debt schemes;
- Weapons, explosives, firearms manufacture, or violent extremist activities;
- Any activity that is unlawful, fraudulent, or that we reasonably determine to be harmful, hazardous, or contrary to the integrity of the platform.
6.3 Enforcement, Content Removal & Account Suspension
- Administrative Rights: We retain the absolute right, but not the obligation, to monitor usage, audit API traffic, inspect uploaded file headers, review system logs, and investigate reported violations.
- Discretionary Actions: If we determine, in our sole and absolute discretion, that you have violated these Terms, exceeded rate limits, uploaded prohibited material, or engaged in abusive conduct, we reserve the right to immediately and without notice:
- Remove, reject, or purge offending content, datasets, or generated files;
- Throttle, restrict, or suspend your API access or account permissions;
- Mark your account as disabled or suspended, recording the reason in our administrative records;
- Terminate your account and forfeit remaining credit balances without refund; and
- Report unlawful behavior to relevant law enforcement and regulatory bodies.
7. User Content, Uploaded Datasets & Intellectual Property Rights
7.1 Ownership of Your Content
As between you and Dhem, you retain all right, title, and interest (including any intellectual property rights) in and to the files, data, text, manuscripts, documents, spreadsheets, and information that you upload, submit, or transmit to the Services ("User Content"). Dhem claims no ownership over your original User Content.
7.2 Limited Operational License Granted to Dhem
By uploading, submitting, or processing User Content on or through Dhem and the products or services operating under it, you grant Dhem a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, cache, reproduce, parse, transmit, display, format, compile, and process your User Content solely as necessary to provide, secure, maintain, debug, and execute the Services you request.
This operational license terminates when you permanently delete your User Content or when your account is purged from our systems, except to the extent that residual copies exist in transient server caches or automated system backups that are routinely overwritten.
7.3 Mandatory Warranties for Uploaded Datasets & Personal Data
Where an application (specifically including Thesis Maker) permits or requires the upload of research, statistical, or clinical datasets (e.g., .csv or .xlsx files), you represent, warrant, and covenant that:
- Lawful Basis & Authorization: You have obtained all necessary consents, institutional approvals, Institutional Ethics Committee (IEC) clearances, and legal authority required to collect, possess, process, and upload the data.
- Strict Anonymization & De-Identification: You have strictly, permanently, and irreversibly de-identified and anonymized all data prior to upload.
- No Direct Identifiers: You warrant that your datasets contain NO direct personal identifiers or Protected Health Information (PHI), including but not limited to:
- Patient names, initials, or family names;
- Physical street addresses, postal codes, or contact phone numbers;
- Government identity numbers (e.g., Aadhaar, PAN, Social Security numbers);
- Hospital, institutional, or clinic registration numbers (MRNs / CR numbers);
- Email addresses or web URLs;
- Biometric identifiers, facial photographic images, or genetic sequence identifiers.
- Compliance with Medical Research Codes: You comply fully with the Indian Council of Medical Research (ICMR) Ethical Guidelines for Biomedical and Health Research, the National Medical Commission (NMC) regulations, HIPAA Safe Harbor standards, and any applicable institutional privacy rules.
Uploading identifiable patient health data or unauthorized institutional records constitutes a material breach of these Terms and will result in immediate account termination and potential civil or criminal referral.
8. Artificial Intelligence, Machine Learning & Output Disclaimer
Products and services operating under Dhem utilize advanced machine learning algorithms and third-party large language models to assist with natural language drafting, statistical synthesis, content classification, and figure rendering.
8.1 Nature of AI Outputs & Verification Obligation
- Probabilistic Nature: You acknowledge that AI technologies generate outputs based on probabilistic associations and neural network training. AI outputs can be incomplete, mathematically flawed, factually erroneous, or completely fabricated ("hallucinated").
- Verification Obligation: You bear the affirmative duty and sole legal responsibility to independently examine, review, cross-reference, recalculate, and verify every piece of AI-generated content—including literature citations, statistical summaries, clinical assertions, dosages, formulas, and academic claims—before relying on, executing, or submitting such work.
8.2 No Professional, Medical, Legal, Academic, or Financial Advice
- NO MEDICAL OR CLINICAL ADVICE: Outputs produced by Thesis Maker, Badr, or any service or product operating under Dhem are NOT medical advice, clinical guidelines, diagnostic evaluations, or treatment recommendations. They must never be applied to patient care, clinical decision-making, or hospital protocols.
- NO ACADEMIC INTEGRITY GUARANTEE: Dhem does not warrant or guarantee that any document generated or assisted by Thesis Maker complies with the specific anti-plagiarism thresholds, thesis guidelines, or academic originality rules of your university, hospital, college, or examination board.
- NO LEGAL OR FINANCIAL ADVICE: No output constitutes legal, tax, or investment advice.
8.3 Sole User Responsibility for Submissions & Deployment
You are solely responsible for how you utilize, modify, publish, distribute, or submit AI-generated outputs. If you submit a thesis, synopsis, paper, or document created with the assistance of Dhem or any products operating under it to any university, college, review board, academic body, regulatory authority, or journal, you assume 100% of the academic, civil, and professional liability associated with that submission.
9. Billing, Payments, Subscriptions & Refunds
9.1 Merchant of Record & Payment Processors
- Web Transactions (Polar.sh): For web-based subscriptions, digital products, and generation credit packs, Polar.sh acts as our authorized Merchant of Record. Polar is responsible for payment collection, invoice generation, fraud mitigation, and the calculation, collection, and remittance of applicable sales taxes, value-added taxes (VAT), and Goods and Services Taxes (GST).
- Mobile In-App Purchases (RevenueCat, Apple, Google): For mobile in-app purchases within our applications (e.g., Badr Play on iOS or Android), transactions are processed directly by Apple App Store or Google Play Store. RevenueCat validates transaction receipts and syncs your entitlement status. Store terms govern billing and payment processing.
9.2 Subscription Renewals, Quotas & Credits
- Automatic Renewal: Unless explicitly stated otherwise, paid subscriptions automatically renew at the end of each billing cycle (e.g., monthly or annually) using your stored payment method until you cancel before the scheduled renewal date.
- Cancellations: You may cancel your subscription at any time through your account billing portal (hosted via Polar.sh) or through your Apple/Google subscription management interface. Cancellation takes effect at the conclusion of your current paid billing period; you retain access to paid benefits until that date.
- Usage Credits: Certain services (such as document generations or AI tokens) may utilize credit balances. Credits are non-transferable, possess no cash or monetary value, and expire according to the terms specified at the time of purchase.
9.3 Taxes & Local Levies
You are responsible for all applicable taxes, duties, and government assessments associated with your purchases. Where Polar.sh or mobile app stores are legally obligated to collect taxes, they will be calculated and added during checkout.
9.4 Refund Policy
ALL PURCHASES, SUBSCRIPTION PAYMENTS, AND CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Because Dhem and the products operating under it incur immediate, non-recoverable computational and API infrastructure costs (including cloud compute, storage allocations, and commercial model billing) when documents are generated, credits are consumed, or media is streamed, we do not provide refunds or credits for partially used billing periods, unused credits, or subjective dissatisfaction with AI outputs.
Statutory Consumer Exception: If you reside in a jurisdiction (such as the European Union or United Kingdom) where mandatory statutory consumer protection laws grant a statutory right of withdrawal (such as a 14-day cooling-off period), that right applies strictly until you access, download, stream, or initiate digital generation of content, at which point you expressly acknowledge and agree that your right of withdrawal is waived.
For purchases made via Apple App Store or Google Play Store, refund requests must be submitted directly to Apple or Google and are governed exclusively by their respective store refund policies.
9.5 Price Modifications & Chargeback Abuse
- Price Changes: We reserve the right to revise our pricing, subscription plans, and credit packages at any time. Any price increase for recurring subscriptions will be communicated to you with reasonable notice prior to taking effect. Your continued use of the Services after the price adjustment constitutes acceptance.
- Chargebacks: Initiating an improper, fraudulent, or bad-faith chargeback or payment reversal through your bank or payment provider constitutes a material breach of these Terms. We reserve the right to immediately suspend your account, terminate access across Dhem and all products and services operating under it, and pursue collection remedies.
10. Dhem Intellectual Property & Proprietary Rights
The Services, including Dhem and all products and services operating under it, their software, source code, data architectures, algorithms, user interface designs, logos, graphics, icons, visual identities, documentation, API specifications, and service names, are owned by or licensed to Murtaza Baanihali / Dhem and are protected by Indian and international copyright, trademark, patent, trade secret, and intellectual property laws.
- Limited License to Use: Subject to your ongoing compliance with these Terms, Dhem grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, interact with, and use Dhem and the products or services operating under it for your personal or authorized institutional purposes.
- Trademarks: "Dhem", "Dhem Org", "Badr", "Badr Play", "Thesis Maker", and associated logos are proprietary trademarks of Dhem. You are not granted any license or right to use any trademark without our prior written consent.
- Open-Source Components: Certain software libraries or dependencies utilized within our platform are licensed under standard open-source licenses (e.g., MIT, Apache 2.0). Nothing in these Terms limits your rights under applicable open-source software licenses.
11. Feedback & Unsolicited Submissions
We welcome suggestions, feedback, ideas, bug reports, and recommendations regarding our Services ("Feedback").
If you provide Feedback to Dhem or regarding any products and services operating under it, you agree that:
- Dhem shall be free to use, modify, implement, disclose, license, and exploit your Feedback for any purpose, commercial or otherwise, without restriction;
- You grant Dhem an irrevocable, perpetual, royalty-free, worldwide, assignable license to incorporate your Feedback into current or future products; and
- You are not entitled to any compensation, credit, or royalty for any Feedback submitted.
12. Copyright Complaints & DMCA / Intermediary Takedown Procedure
Dhem respects the intellectual property rights of others and operates as an intermediary under applicable digital copyright statutes, including the Indian Information Technology Act, 2000, and the United States Digital Millennium Copyright Act (DMCA).
If you are a copyright owner or authorized agent and believe that any content hosted or indexed on Dhem platforms infringes your copyright:
- Submit a Written Notice: Send a formal notice of claimed infringement to our designated copyright contact at
support@dhem.iocontaining:- A physical or electronic signature of the authorized copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material on Dhem (including specific URLs, video IDs, or screenshots);
- Your contact details: full legal name, physical address, telephone number, and email address;
- A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner.
- Platform Action: Upon receipt of a valid notice, we will expeditiously remove or disable access to the infringing material and notify the user who posted or indexed it. Repeat infringers will have their accounts permanently terminated.
13. Third-Party Integrations, Streamers & External Services
Our Services rely on, connect with, and index external third-party services and APIs, including but not limited to YouTube, Instagram, TikTok, Dailymotion, Facebook, the Internet Archive, PubMed/NCBI, CrossRef, and AI model providers.
- No Control Over Third Parties: Dhem does not control, endorse, or assume responsibility for any third-party content, platform availability, API terms, rate limits, or data practices.
- Third-Party Terms: Your interaction with external platforms indexed in Badr or queried in Thesis Maker is governed by the respective terms of service of those platforms (e.g., YouTube Terms of Service, NCBI Terms of Use).
- Third-Party Outages: We are not liable for any failure, degradation, or disruption of Dhem or any products and services operating under it resulting from third-party API rate limits, IP blocks, or outages.
14. Privacy & Data Protection
Your privacy is paramount. Our data handling practices, security protocols, and international transfer mechanisms are detailed comprehensively in our Privacy Policy. By interacting with or using Dhem and the products or services operating under it, you consent to the collection, processing, and storage of your personal data as governed by the Privacy Policy, which is incorporated by reference into these Terms.
15. Account Termination & Survival of Terms
15.1 Termination by You
You may terminate your agreement with Dhem at any time by ceasing all use of Dhem and the products or services operating under it and requesting the permanent deletion of your account via email to support@dhem.io.
15.2 Termination or Suspension by Dhem
We reserve the right to suspend or terminate your account, restrict your API keys, revoke your subscription entitlements, or ban your access to Dhem and any or all products and services operating under it immediately, without prior notice or liability, for any reason, including without limitation:
- Breach or violation of these Terms or the Privacy Policy;
- Engaging in prohibited, abusive, or unlawful conduct;
- Non-payment of subscription fees or initiating unjustified chargebacks;
- Compliance with a court order, legal mandate, or government authority;
- Extended account inactivity; or
- Discontinuation of the applicable service or platform.
15.3 Survival
Upon termination of these Terms, all licenses granted to you immediately cease. The following sections shall survive termination: Section 7 (User Content & Warranties), Section 8 (AI Disclaimers), Section 9 (Billing & Refunds), Section 10 (Dhem IP), Section 11 (Feedback), Section 15 (Termination & Survival), Section 16 (Warranty Disclaimers), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Dispute Resolution & Arbitration), and Section 20 (General Provisions).
16. Disclaimers of Warranties ("AS IS" and "AS AVAILABLE")
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL APPLICATIONS, SOFTWARE, APIS, AI GENERATIONS, MEDIA STREAMS, COMPUTATIONAL OUTPUTS, AND DOCUMENTATION, ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
MURTAZA BAANIHALI AND DHEM EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT;
- ANY WARRANTY THAT THE SERVICES, OUTPUTS, DOCUMENTS, OR MEDIA WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR FREE OF VIRUSES OR HARMFUL COMPONENTS;
- ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, SCIENTIFIC VALIDITY, MATHEMATICAL CORRECTNESS, ORIGINALITY, CITATION VALIDITY, COMPLETENESS, TIMELINESS, OR LEGALITY OF ANY CONTENT OR AI OUTPUT GENERATED BY THE PLATFORM; AND
- ANY WARRANTY THAT THIRD-PARTY VIDEO STREAMS (INCLUDING YOUTUBE, INSTAGRAM, OR TIKTOK STREAMS EXTRACTED VIA BADR) WILL REMAIN FUNCTIONAL, ACCESSIBLE, UNBLOCKED, OR FREE FROM THIRD-PARTY IP RESTRICTIONS.
YOU EXPRESSLY ASSUME ALL RISK REGARDING THE USE, RESULTS, ACCURACY, AND PERFORMANCE OF DHEM AND THE PRODUCTS OR SERVICES OPERATING UNDER IT, AS WELL AS ANY MANUSCRIPT, DOCUMENT, OR ASSET CREATED WITH THE ASSISTANCE THEREOF.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MURTAZA BAANIHALI, DHEM, DHEM ORG, OR ANY AFFILIATES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR COMPENSATORY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION:
- LOSS OF PROFITS, REVENUE, SALES, BUSINESS OPPORTUNITIES, OR GOODWILL;
- LOSS, CORRUPTION, DESTRUCTION, OR EXPOSURE OF DATA, UPLOADED DATASETS, OR DIGITAL FILES;
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
- ACADEMIC CONSEQUENCES, INCLUDING REJECTION OF THESES, DENIAL OF DEGREES, PLAGIARISM ALLEGATIONS, DISCIPLINARY PROCEEDINGS, OR DELAYS IN GRADUATION;
- MEDICAL MALPRACTICE CLAIMS, HEALTH ADVERSE EVENTS, OR CLINICAL ERRORS;
- BUSINESS INTERRUPTION, COMPUTER FAILURE, OR SYSTEM OUTAGES; OR
- ANY LOSS RESULTING FROM THIRD-PARTY PLATFORM ACTIONS, IP BANS, API LIMITATIONS, OR CYBERATTACKS.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF DHEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN ALL EVENTS, THE TOTAL AGGREGATE LIABILITY OF MURTAZA BAANIHALI AND DHEM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR INTERACTION WITH AND USE OF DHEM AND THE PRODUCTS OR SERVICES OPERATING UNDER IT SHALL NOT EXCEED THE GREATER OF:
- THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DHEM FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR
- ONE THOUSAND INDIAN RUPEES (INR 1,000) OR FIFTY UNITED STATES DOLLARS (USD 50), WHICHEVER IS LOWER.
18. Indemnification by the User
You agree to defend, indemnify, and hold harmless Murtaza Baanihali, Dhem, Dhem Org, and any associated contractors, suppliers, and infrastructure partners from and against any and all claims, demands, lawsuits, proceedings, liabilities, losses, damages, costs, judgments, fines, and expenses (including reasonable legal and attorneys' fees) arising out of or relating to:
- Your access to, interaction with, or use of Dhem and the products or services operating under it;
- Your User Content, uploaded spreadsheets, research documents, or manuscripts;
- Any breach by you of these Terms, the Privacy Policy, or applicable laws;
- Any violation of patient privacy, medical ethics, clinical confidentiality, or data protection laws (including the DPDP Act, HIPAA, NMC rules, or ICMR guidelines) arising from your uploaded datasets or research submissions;
- Any academic integrity inquiry, plagiarism complaint, dispute with institutional review boards (IRBs), or disciplinary action taken by any college, university, or examination board regarding your use of Thesis Maker;
- Your violation of any third-party right, including intellectual property, privacy, or property rights; or
- Any willful misconduct, fraud, or negligence committed by you or through your account.
Dhem reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claims.
19. Governing Law, Dispute Resolution & Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW DISPUTES BETWEEN YOU AND DHEM ARE RESOLVED AND INCLUDES AN ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER.
19.1 Informal Resolution First
Before initiating formal legal proceedings or arbitration, you and Dhem agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, Dhem, or the products and services operating under it ("Dispute") informally.
- You must send a written notice of dispute detailing your full legal name, account email, the nature of the claim, the factual background, and the specific relief sought to
support@dhem.io. - The parties agree to engage in good-faith negotiations for a minimum period of thirty (30) calendar days from the date the notice is received.
19.2 Binding Arbitration under Indian Law
If the Dispute cannot be resolved informally within thirty (30) days, the Dispute shall be referred to and finally resolved by binding sole-arbitrator arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 of India (as amended):
- Arbitrator Appointment: The arbitration shall be conducted by a single, mutually agreed sole arbitrator. If the parties fail to agree on a sole arbitrator within twenty-one (21) days of a notice demanding arbitration, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996.
- Seat and Venue: The legal seat and place of arbitration shall be Srinagar, Jammu & Kashmir, India. The arbitrator may conduct hearings virtually or in-person.
- Language: The language of the arbitration proceedings, pleadings, and award shall be English.
- Finality: The arbitral award shall be in writing, final, conclusive, and binding upon both parties, and enforceable in any court of competent jurisdiction.
- Costs: Each party shall bear its own legal fees, and the fees of the arbitrator shall be shared equally, unless the arbitrator directs otherwise in the final award.
19.3 Governing Law & Jurisdiction
These Terms, and any Dispute arising out of or in connection with them, shall be governed by, construed, and enforced exclusively in accordance with the substantive laws of India, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Subject to the arbitration agreement above, you and Dhem irrevocably submit to the exclusive jurisdiction of the competent civil courts located in Srinagar / Jammu & Kashmir, India, for any judicial proceedings required to compel arbitration, obtain preliminary injunctive relief, or enforce an arbitral award.
19.4 Waiver of Class Actions & Jury Trials
YOU AND DHEM MUTUALLY AGREE THAT ALL CLAIMS, DISPUTES, AND CONTROVERSIES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.
The arbitrator shall have no authority or jurisdiction to consolidate the claims of more than one individual or preside over any form of representative or class proceeding.
19.5 Statutory Consumer Rights Carve-Out
Nothing in this Section 19 shall deprive consumers residing outside India of mandatory, non-waivable statutory protections or rights to bring proceedings before their local competent courts where such rights cannot be lawfully excluded or limited by international contract under the consumer protection laws of their country of habitual residence.
20. General Legal Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and any applicable product schedules herein, constitute the entire, final, and integrated agreement between you and Dhem regarding your access to, interaction with, and use of Dhem and the products or services operating under it, superseding all prior oral or written discussions, agreements, or understandings.
- Severability: If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
- No Waiver: No waiver by Dhem of any breach, default, or provision of these Terms shall be deemed a waiver of any prior or subsequent breach or default, nor shall any delay or omission on our part to exercise any right operate as a waiver of that right.
- Assignment: You may not assign, transfer, delegate, or sublicense your account, rights, or obligations under these Terms without our prior written consent. Dhem may assign, transfer, or delegate its rights and obligations under these Terms freely and without restriction to any successor in interest or corporate affiliate.
- Force Majeure: Dhem shall not be held liable or responsible for any delay, failure in performance, or disruption resulting directly or indirectly from acts of God, natural catastrophes, war, terrorism, civil unrest, labor disputes, telecommunication blackouts, cloud infrastructure outages, power failures, or government mandates.
- No Third-Party Beneficiaries: Except as expressly provided herein regarding indemnified parties, these Terms do not confer any rights or remedies upon any person or entity other than you and Dhem.
21. Modifications to These Terms
We reserve the right to revise, update, or modify these Terms at our discretion.
- Notification of Changes: We will indicate the date of the most recent revision in the "Last Updated" field at the top of these Terms. For substantial modifications that materially affect your rights or obligations, we will provide reasonable advance notice (e.g., via a platform banner, dashboard notification, or direct email to your registered account address) prior to the effective date.
- Acceptance: Your continued interaction with, access to, or use of Dhem and the products or services operating under it after revised Terms become effective constitutes your unconditional acceptance of the updated terms. If you do not agree to the revisions, you must terminate your account and discontinue using all services and products under Dhem.
22. Contact Information & Grievance Mechanism
For legal notices, terms inquiries, copyright claims, or statutory grievances under the Information Technology Act, 2000, and DPDP Act, 2023, please contact our designated Grievance Officer:
- Entity / Individual Operator: Murtaza Baanihali (Dhem / Dhem Org)
- Designation: Founder & Grievance Officer
- Location: Jammu & Kashmir, India
- Legal & Contact Email:
support@dhem.io - Response Commitment: Acknowledgment within 48 hours; resolution target within 30 days.
23. App-Specific Terms
The following schedules establish specific operational terms, user warranties, and requirements for designated applications operating within the Dhem ecosystem.
Schedule A: Thesis Maker (Academic Integrity & Clinical Data Terms)
- Academic Role of the Tool: Thesis Maker is an AI-assisted research drafting, literature synthesis, and typesetting tool intended exclusively to assist postgraduate scholars, medical students (MD, MS, DNB, DM, MCh, DrNB, Diploma), and clinical researchers in organizing and formatting academic dissertations. It is a productivity assistant, not an academic ghostwriting service.
- Academic Integrity & Authorship Responsibility:
- You remain the sole author and responsible investigator of any thesis, synopsis, or manuscript created with Thesis Maker.
- You warrant that the underlying clinical hypothesis, study methodology, patient observations, and conclusions reflect authentic scholarly work.
- You must independently verify every scientific claim, laboratory calculation, p-value, statistical test citation, and bibliographic entry.
- You are solely responsible for ensuring your submission complies with your university's dissertation rules, National Medical Commission (NMC) guidelines, and institutional plagiarism thresholds.
- Mandatory Patient Data De-Identification Covenant:
- You warrant and represent that any clinical dataset uploaded (
.csvor.xlsx, up to 25 MB) has been completely and irreversibly de-identified. - Zero Identifiers: Datasets must contain NO patient names, hospital identification/MRN numbers, addresses, phone numbers, Aadhaar/national ID numbers, or biometric records.
- You warrant that you have obtained Institutional Ethics Committee (IEC) approval or waiver for the research and that uploading the de-identified summary does not violate patient confidentiality or clinical research agreements.
- You warrant and represent that any clinical dataset uploaded (
- Institutional Profiles: Where you select or utilize institutional layout profiles (e.g., university font rules, margins, or title page formats), Dhem provides these configurations as uncertified formatting aids and does not warrant that the profile has been officially endorsed by your university.
Schedule B: Badr & Badr Play (Streaming & Mobile Media Terms)
- Nature of the Platform: Badr and the Badr Play mobile app (
com.dhem.badr) provide curated indexing, categorization, and streaming access to Islamic educational, documentary, Quranic, and family-friendly media. - Third-Party Video Hosts: Badr does not host or store full video files of external media on its central servers. Badr indexes publicly accessible media metadata and extracts playable video stream URLs from third-party hosts (YouTube, Instagram, TikTok, Dailymotion, Facebook, Internet Archive) via automated extraction and indexing tools.
- Host Availability & Geographic Restrictions: Streaming availability is subject to the source host's operational policies, geoblocking, and copyright rules. Dhem makes no warranty that any third-party stream will remain available, functional, or playable.
- Mobile Permissions & Downloads: The Badr Play mobile application requests access to your device media library strictly when you command the app to save an offline video download to your device gallery. You agree to use downloaded media strictly for personal, non-commercial viewing.
- Community Content Standards: Badr enforces curated content categories (such as Quran, Dawah, Movies, Kids, History). Dhem reserves the right to remove any channel or video from its catalog that violates our acceptable use policy or family-friendly orientation.
Schedule C: Dhem Platform Core & Portfolio (dhem.io)
- Informational & Developmental Use: The website at
dhem.ioanddeveloper.dhem.ioshowcases the founder's software engineering portfolio, architectural documentation, and platform status. - Contact Form Use: Messages submitted via the contact form must be legitimate business, developmental, or professional communications. Spam, marketing solicitations, defamatory text, or unauthorized promotional material are strictly prohibited.
Schedule D: Standard Terms Template for Future Dhem Apps
(This schedule automatically applies to any new application or service deployed under the Dhem central API and billing infrastructure prior to formal incorporation above)
- Applicability: Governed comprehensively by all general clauses of these Terms, including acceptable use prohibitions, billing rules, warranty disclaimers, liability caps, and Indian arbitration.
- User Obligations: Users must maintain valid central Dhem credentials, respect per-endpoint rate limits, pay applicable usage fees, and refrain from abusive or reverse-engineering activities.
- Data Warranty: Users warrant they possess all necessary legal rights, permissions, and lawful bases for any data, files, or media submitted to the application.
- Output Verification: Where the application incorporates AI or algorithmic automation, outputs are provided on an "AS IS" basis without professional guarantees, and the user assumes full responsibility for downstream application and deployment.
End of Dhem Terms of Service.
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