Terms and Conditions
1 Agreement to Terms
By using the Platform, the Customer agrees to these Terms and Conditions, forming a legally binding contract with the Company. Non-agreement requires immediate cessation of use.
2 Representations and Warranties
Each party represents and warrants that:
- It has full power and authority to enter into, perform, and deliver this agreement.
- All information provided is true, accurate, and complete.
- It has taken all necessary actions to authorize execution and performance.
The Customer further warrants that it will:
- Obtain all requisite end-user consents (e.g., patients) for data shared with the Company, in compliance with applicable laws (e.g., DPDP Act, GDPR, HIPAA).
- Maintain robust internet and system infrastructure to support Platform functionality.
3 Confidentiality
- Definition: "Confidential Information" includes all non-public data, trade secrets, intellectual property, and Platform-related materials disclosed by either party.
- Obligations: Each party shall protect the other's Confidential Information with at least the same degree of care as its own, and shall not disclose it except as required by law or to perform this agreement.
- Exclusions: The Company is not liable for breaches of applicable laws arising from data or consents provided by the Customer or its end-users. The Customer acknowledges sole responsibility for such violations.
4 Data Ownership and Usage
- Customer Data: The Customer retains ownership of raw data provided to the Platform (e.g., patient feedback, clinical notes). The Company acts solely as a data processor under DPDP Act, GDPR, and HIPAA, processing data as instructed.
- Consents: The Customer shall obtain, maintain, and provide copies of all end-user consents required by applicable laws for data shared with the Company. The Company assumes all data is lawfully obtained.
- Company Rights: The Company may utilize data generated through processing, including anonymized, aggregated, or derived data, for purposes such as research, analytics, publications, conferences, or Platform enhancement, provided it does not identify the Customer or end-users.
5 Intellectual Property
- Company Ownership: The Platform, including all software, algorithms, AI models, and related materials, is the exclusive property of the Company, to be protected by copyright, trademark, and other intellectual property laws.
- License: The Company grants the Customer a non-exclusive, non-transferable, revocable license to use the Platform during the subscription term, solely for internal healthcare operations.
- Restrictions: The Customer shall not reverse-engineer, decompile, modify, or distribute the Platform, or use it for unauthorized purposes.