These Terms of Service (“TOS”) apply to the access and use of all of our web and mobile- based applications (collectively, “Platforms”) and the products and services provided through them (“Services”). The Platforms are owned, managed and operated by HealthPlix
Technologies Private Limited, having its registered office at 2nd Floor, Vajram Esteva, AWFIS, 57/4, Outer Ring Road, Devarabisanahalli, Bellandur, Bengaluru, Karnataka 560103 (“us”/“we”/“HealthPlix”/“Company”).
These TOS govern use of the Platforms and Services by you — registered medical practitioners holding valid credentials and registered with the National Medical Commission (or the relevant State Medical Council), or any successor body (“Doctors”), your staff(“Staff”), and the patients and end users who use the Platforms (“Patients”). Patients, Staffand Doctors are together “Users” or “you”. By accessing or using the Platforms, registering
for Services, or accepting, uploading, submitting or downloading any content to or from the Platforms, you agree to these TOS.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOS, we request you DO NOT USE THE PLATFORMS.

1. Acceptance of Terms
   Your use of the Platforms is subject to these TOS, which may be updated, amended or revised by HealthPlix from time to time. It is your responsibility to review these TOS periodically. Your continued use of the Platforms or Services after a change takes effect constitutes acceptance of that change. Your use of the Services is under a limited, non- transferable, non-sublicensable, non-assignable licence granted by HealthPlix only for the purposes set out in these TOS.
   In these TOS, “including” means including without limitation, and a reference to a clause is to a clause of these TOS.
    

2. Use of Services
   The Platforms and Services are designed to assist Doctors to store, access and review the health information of Patients who visit their clinics or hospitals. A Doctor can review health information such as a Patient’s vitals, medical reports, medical records and medical images (the “Data”) and provide feedback, advice and other relevant information to the Patient. The Platforms allow Doctors to access Patient Data and use it to provide healthcare services to their Patients.
   
   We endeavour to provide a functional and convenient Service, but we do not guarantee that your browser or device will be compatible, that the Platforms or Services will be available uninterrupted, or that content will be error-free. HealthPlix is not responsible for any interruption in the Services or availability of the Platforms due to, among other things, changes in an individual clinic’s practice, network failure or any other technical incident. HealthPlix may modify or replace all or any part of the TOS (including pricing and payment terms), or change, suspend or discontinue all or any part of the Services or Platforms, by posting a notice on the Platforms or informing you through other modes of communication.The Platforms may collect and store demographic, financial, health and other information that you provide. This information is collected, stored and processed in accordance with our Privacy Policy published on the Platforms.Doctors represent and warrant that they have obtained the appropriate consent from Patients before storing on, or sharing through, the Platforms any Patient information, including personally identifiable information, health records, demographic information and financial information.Patients, by accessing the Platforms, consent that the Platforms may store their personal information, including contact information, demographic data, health records and medical history, and may use this information for the purposes set out in our Privacy Policy.
    

3. Registration
   As part of registration you will create an account, including a username and password. You are responsible for ensuring the information you provide is accurate, not misleading and secure, and for keeping your credentials safe. HealthPlix will not be liable for losses or claims arising from misuse of the Platforms or Services accessed with your credentials. You may not create an account using another person’s name or information, or using words that are the trademarks or property of another party (including ours), or that are vulgar, obscene or otherwise inappropriate. We may, with or without notice, suspend or terminate any account in breach. Doctors represent and warrant that they are licensed medical practitioners registered with the National Medical Commission (or the relevant State Medical Council) and that there are no legal or regulatory impediments preventing them from practising medicine in India.

4. Data Confidentiality

a. Responsibility of Doctors and Staff Through your use of the Platforms, you have access to sensitive and valuable Data of Users, which may include 

medical records, medical information and personal information. Doctors and Staff agree to treat all Data they access as confidential and to use their best efforts to maintain its confidentiality. Doctors and Staff must be aware of Patient-confidentiality requirements and observe all caution and the applicable duty of care in providing services under these TOS. Data is provided by the Patient or entered by the Doctor or Staff. The Platforms present Patient Data to Doctors on an “as-is” basis and make no warranties or representations as to its accuracy or correctness.

b. Restrictions on Use of Platforms:  Doctors and Staff shall not, and shall not permit anyone to: (i) copy or republish the Platforms, except as provided here; (ii) make the Platforms available to any person other than authorised personnel; (iii) remove, modify or obscure any copyright, trademark or other proprietary notice; (iv) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Platforms; or (v) access the Platforms in order to build a similar or competitive product. Doctors and Staff shall not access the Platforms other than through the interface provided by the Company.

Doctors and Staff shall not use any deep-link, robot, spider or other automatic device or manual process to access, acquire, copy or monitor any part of the Platforms or content, or to reproduce or circumvent the navigational structure or presentation of the Platforms.

Doctors and Staff shall not attempt to gain unauthorised access to any part of the Platforms, any connected systems or networks, or any Company server, by hacking, password mining or other illegitimate means.

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Doctors and Staff shall not probe, scan or test the vulnerability of the Platforms or any connected network, or breach security or authentication measures. Doctors and Staff shall not reverse look-up, trace or seek to trace any information on any other user or visitor, or exploit the Platforms, Services or information in any way to reveal information (including personal identification information) other than their own.

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Doctors and Staff shall not disrupt or interfere with the security of, or otherwise harm, the Platforms, system resources, accounts, servers or networks connected to the Platforms.

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In the event of a breach of this clause 4(b), the Company shall be entitled to recover from the breaching party the actual losses, damages, costs and expenses it suffers as a result of the breach, as determined under applicable law, and to seek injunctive relief. The parties acknowledge that a breach of this clause may cause harm for which monetary damages alone may not be an adequate remedy.

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c. Non-Disclosure by HealthPlix: 
The Company shall not share the Data with other doctors, clinics or hospitals; in other words, the Company shall not engage in any activity that could be construed as “poaching of patients”. HealthPlix stores Data on secure cloud infrastructure and/or third-party servers chosen or built by HealthPlix, and is committed to protecting the identity of Users. The following security measures are in place:
 

• Access to the Services requires successful authentication of a username and password. Users are fully and solely responsible for all use of the Platforms and/or Services accessed under their authenticated credentials.

• Passwords are never stored in plain text on our servers.

• Communication between your device and our servers is over a secure HTTPS connection.

• A secure session is established using a session token for providing access to the Patient Data after successful authentication.

• Role-based access to the database is applied according to the roles a Doctor assigns to Staff.

• Within our servers we use the Advanced Encryption Standard (AES) and multi-level security and authentication checks to protect confidential Data.

Personally identifiable Patient information is kept strictly confidential and is never disclosed to any third party except as set out in our Privacy Policy. We may access, read, preserve and disclose information where we reasonably believe it necessary to comply with law or legal process, to enforce our agreements, or to protect the rights, property or safety of the Company, our employees, our Users or others (including exchanging information with other organisations for fraud protection and risk reduction).
 

The Company’s use, sharing and ownership of de-identified and aggregated data is governed by clauses 5 and 6 below.

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