Terms of Service

1. Clinical Decision Support — Final Human Review

1.1 No Doctor-Patient Relationship

HealoPlus is a digital clinic management tool. It does not establish a doctor-patient relationship between Cyborian Tech Labs and the Licensee’s patients. All clinical suggestions, drug interaction flags, contraindication alerts, dosage hints, and allergy warnings provided by the platform are for informational assistance only and do not constitute medical advice from Cyborian Tech Labs.

1.2 Final Human Authority

The Licensee (Registered Medical Practitioner) acknowledges that HealoPlus is not a substitute for professional medical judgment. The Licensee bears sole and exclusive responsibility for the final human review, clinical verification, and personal authentication of every prescription, diagnosis, and procedure order generated through the platform. No prescription is valid unless personally reviewed and authorised by the treating Registered Medical Practitioner.

1.3 AI and Automated Suggestions

Any suggestions generated by the platform’s clinical tools (drug names, dosage hints, diagnosis shortcuts) are recommendations only. The platform does not and will not automatically create, transmit, or finalise a prescription without an explicit, authenticated action by the Licensee. This design principle is mandated by the NMC Telemedicine Practice Guidelines, 2020.

1.5 Generic vs. Brand Name Prescriptions

The platform provides brand name references for clinical convenience. The Licensee is solely responsible for compliance with any National Medical Commission directive or statutory requirement regarding generic name prescription. Cyborian Tech Labs bears no liability for the Licensee’s prescribing conventions.

2. License, Seats, and User Management

2.1 License Grant

Subject to payment of applicable fees, Cyborian Tech Labs grants the Licensee a non-exclusive, non-transferable, revocable license to access and use the HealoPlus platform for outpatient clinic management purposes in India.

2.2 Doctor Seat — Conditions of Use

A doctor seat is licensed for use by a single Registered Medical Practitioner (RMP) holding a valid, current registration with the National Medical Commission or a State Medical Council recognised under the National Medical Commission Act, 2019. Use of a doctor seat requires the Licensee to provide their registration number at onboarding. Cyborian Tech Labs relies on this representation but does not independently verify NMC registration status. It is the Licensee’s sole responsibility to ensure their registration is valid, current, and in good standing.

2.3 Staff Sub-Profiles

The platform supports non-clinical staff sub-profiles (Receptionist, Nurse/GNM, Clinic Manager, etc.) under the clinic account. These sub-profiles do not constitute independent licensed medical seats and carry no clinical prescription authority. Staff access is role-limited and audit-logged.

2.4 Prohibited Account Sharing

Cyborian Tech Labs reserves the right to introduce Multi-Doctor Clinic and Staff Sub-Profile access tiers in future platform updates. Sharing a single doctor login credential across multiple medical practitioners is a material breach of this Agreement and may result in immediate suspension of the account without refund.

3. Data Stewardship — DPDP Act, 2023

3.1 Roles Under DPDP

The Doctor/Clinic is the Data Fiduciary — the primary controller and owner of patient personal data collected through the platform. Cyborian Tech Labs is the Data Processor, acting strictly on the Data Fiduciary’s instructions and solely for the purposes of delivering the HealoPlus service.

3.2 Categories of Data Processed

By using the platform, the following categories of data are processed:

• Patient Health Records — name, contact information, date of birth, clinical history, prescriptions, consents
• Doctor/Clinic Identity and KYC information
• Payment metadata processed via PayU
• Platform telemetry and de-identified, aggregated analytics used for system performance and product improvement

3.3 Data Ownership

The Doctor/Clinic retains 100% ownership of patient records. Cyborian Tech Labs retains ownership of the underlying software code, database schema, and de-identified aggregated analytics derived from platform usage. Cyborian Tech Labs does not sell or commercially exploit identifiable patient data under any circumstances.

3.4 Patient Consent Obligations

The Licensee (as Data Fiduciary) is responsible for obtaining explicit, informed, and granular consent from each patient before any personal health data is collected or processed, as required by the Digital Personal Data Protection Act, 2023, §6. The platform provides consent collection infrastructure; it is the Licensee’s obligation to ensure consent is genuine, uncoerced, purpose-specific, and appropriately recorded. Blanket pre-ticked consents are prohibited by law.

3.5 Patient Rights Obligations

As Data Fiduciary, the Licensee is obligated to honour the following patient rights within the timelines prescribed by the DPDP Act, 2023. The platform provides the technical mechanisms to fulfil these rights; the legal obligation rests with the Data Fiduciary.

3.6 Data Localisation

All patient personal data processed through HealoPlus is stored exclusively within India (Supabase Mumbai region — ap-south-1), in compliance with applicable data localisation requirements under the DPDP Act, 2023. No patient data is transferred to servers outside India without explicit consent and compliance with applicable cross-border transfer rules.

3.7 Data Retention

Patient health records are retained for a minimum of seven (7) years from the date of last patient interaction, in compliance with Medical Council of India record-keeping standards and the DPDP Act, 2023. Billing and invoice records are retained for a minimum of eight (8) years per the GST Act, 2017. The Licensee may not configure a retention period shorter than seven years for health records.

3.8 Third-Party Data Processors

Certain platform features involve third-party sub-processors (Meta WhatsApp Business API, Zoho, PayU). Patient data is shared with these processors only to the extent necessary to deliver the subscribed service, and only where a valid Data Processing Agreement (DPA) is in place with the respective third party, as required by the DPDP Act, 2023, §8. WhatsApp communications are sent only to patients who have provided explicit, recorded consent.

3.9 Data Breach Notification

In the event of a confirmed or suspected unauthorised access to patient data, Cyborian Tech Labs will notify the affected Licensee without undue delay and report the incident to the Data Protection Board of India within 72 hours of detection, as mandated by the DPDP Act, 2023. The Licensee (as Data Fiduciary) bears responsibility for individually notifying affected patients.

4. Subscription, Termination, and Data Portability

4.1 Prepaid Subscription

Subscriptions are prepaid on a monthly or annual basis. All fees are exclusive of applicable GST (18% on SaaS services — HSN 998314). Intra-state transactions (Karnataka–Karnataka) attract CGST 9% + SGST 9%; inter-state transactions attract IGST 18%. Fees are non-refundable except where required by applicable law.

4.2 Read-Only Grace Period

To prevent disruption to patient care, a 14-day Read-Only Grace Period applies following a failed renewal payment. During this period, the Licensee retains the ability to view and export all existing patient records but cannot create new appointments, prescriptions, or invoices. After 14 days without payment, the account will be fully locked.

4.3 Patient Care Continuity During Grace Period

Access to existing prescription records, patient history, and appointment records during the Grace Period is preserved as a patient safety measure. Cyborian Tech Labs will not restrict access to clinical records needed for ongoing patient care during the 14-day window.

4.4 Data Export on Termination

Upon formal written request for account termination, Cyborian Tech Labs will provide a machine-readable export of all patient records, appointments, and prescriptions within 14 calendar days, satisfying the data portability requirements of the DPDP Act, 2023.

4.5 Post-Termination Data Retention and Deletion

Following account termination and completion of the data export window, patient data will be retained on Cyborian Tech Labs’ infrastructure for a minimum of 90 days as a safety buffer before permanent deletion. Medical records subject to the seven-year MCI retention obligation will be held in a locked, non-accessible state until the statutory retention period expires, then irreversibly deleted. The Licensee will be notified before permanent deletion is scheduled.

5. Service Level, Liability, and Force Majeure

5.1 Uptime Target

Cyborian Tech Labs targets 99.5% monthly uptime for the HealoPlus cloud environment, measured per calendar month and excluding scheduled maintenance windows. In the event uptime falls below this target, the Licensee may request a proportionate service credit, subject to verification.

5.2 Scope Limitation

HealoPlus is designed and licensed for outpatient consultation and clinic management only. It is not designed, validated, or licensed for use in: emergency medicine, critical care, inpatient ward management, ICU monitoring, surgical suites, or any life-support environment. Use outside this defined scope is the sole responsibility of the Licensee.

5.3 Limitation of Liability

To the maximum extent permitted by applicable law, Cyborian Tech Labs’ aggregate liability for any claim arising out of or in connection with this Agreement shall not exceed the total subscription fees paid by the Licensee in the three (3) calendar months immediately preceding the event giving rise to the claim. Cyborian Tech Labs shall not be liable for indirect, consequential, special, or punitive damages, including loss of clinical data, business interruption, or third-party claims arising from the Licensee’s clinical decisions.

5.4 Indemnification

The Licensee agrees to indemnify, defend, and hold harmless Cyborian Tech Labs and its directors, employees, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Any clinical decision made by the Licensee using the platform
• The Licensee’s breach of this Agreement or applicable law
• The Licensee’s failure to obtain valid, recorded patient consent
• The Licensee’s non-compliance with NMC registration requirements
• Use of the platform outside its defined scope as described in §5.2

5.5 Force Majeure

Cyborian Tech Labs is not liable for service interruptions caused by events beyond its reasonable control, including: Cloudflare or Supabase infrastructure outages, ISP or telecommunications failures, regional internet disruptions, natural disasters, acts of government or regulatory authority, or cyberattacks that could not have been prevented by reasonable and industry-standard security measures.

5.6 Security Obligations

Cyborian Tech Labs maintains reasonable technical and organisational security measures as required by the Information Technology Act, 2000, §43A and the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Licensee is responsible for maintaining the security of their own login credentials and for reporting any suspected unauthorised access immediately.

6. Intellectual Property

The HealoPlus software, platform design, database schema, clinical workflows, prescription templates, and all related materials are the exclusive property of Cyborian Tech Labs and are protected under applicable Indian intellectual property law. The Licensee is granted a limited, non-exclusive use license only. No ownership of the platform or its underlying technology transfers to the Licensee at any time. Patient data remains the exclusive property of the Data Fiduciary (Doctor/Clinic) as described in Section 3.

7. Governing Law and Jurisdiction

This Agreement is governed by the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Thiruvananthapuram, Kerala. The parties agree to attempt good-faith resolution before initiating formal legal proceedings.

8. Amendments

Cyborian Tech Labs reserves the right to amend these Terms of Service. Material changes will be communicated to the Licensee at least 30 days in advance via the registered email address on file. Continued use of the platform after the effective date of any amendment constitutes acceptance of the revised terms. If the Licensee does not agree to the revised terms, they may terminate the Agreement in accordance with §4.4.

9. Entire Agreement

This Agreement, together with any order forms, pricing schedules, and data processing addenda, constitutes the entire agreement between the parties with respect to the HealoPlus platform and supersedes all prior negotiations, representations, or agreements relating to its subject matter.