Effective Date: January 1, 2024
Last Updated: January 12, 2024
Version: 2.0
These Terms of Service ("Terms") constitute a legal agreement between you ("User," "you," or "your") and HealthDock Technology Private Limited ("HealthDock," "we," "us," or "our"), governing your use of the HealthDock EMR platform, services, and related applications.
1. Acceptance of Terms
By accessing or using HealthDock services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
1.1 Eligibility
- You must be at least 18 years old to use our services
- Healthcare professionals must possess valid licenses in their practicing jurisdiction
- Organizations must be legally registered healthcare entities
- You must provide accurate, complete, and current information
1.2 Authority
If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Services Description
HealthDock provides a cloud-based Electronic Medical Records (EMR) platform designed for healthcare professionals and institutions. Our services include:
2.1 Core Services
- Electronic Medical Records management
- AI-powered diagnostic assistance (96% accuracy rate)
- 373+ specialized medical modules
- ABDM/ABHA integration
- Multi-language support (14+ languages)
- Blockchain-secured medical records
- Device integration (50+ medical devices)
- Telemedicine capabilities
- Appointment scheduling and management
- Billing and insurance processing
2.2 Service Availability
- We strive for 99.9% uptime
- Scheduled maintenance will be notified 48 hours in advance
- Emergency maintenance may occur without notice
- Offline mode available for continued operations during downtime
3. Account Registration
3.1 Registration Requirements
- Provide accurate and complete registration information
- Verify professional credentials when required
- Maintain the confidentiality of account credentials
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.2 Account Security
- Use strong, unique passwords
- Enable two-factor authentication when available
- Do not share account credentials
- Log out from shared or public devices
- Comply with our security protocols and guidelines
4. Acceptable Use Policy
4.1 Permitted Use
You may use HealthDock services solely for legitimate healthcare purposes in compliance with applicable laws and regulations.
4.2 Prohibited Activities
You agree not to:
- Violate any laws, regulations, or professional standards
- Share or sell access to your account
- Attempt to gain unauthorized access to systems or data
- Upload malicious code or harmful content
- Interfere with service operations or security
- Misrepresent patient data or medical information
- Use services for non-healthcare commercial purposes
- Scrape, copy, or redistribute our content without permission
- Reverse engineer or decompile our software
- Violate patient privacy or confidentiality
5. Medical Disclaimer
5.1 Not Medical Advice
HealthDock provides tools for healthcare professionals. Our AI-powered features are designed to assist, not replace, professional medical judgment. All medical decisions must be made by qualified healthcare professionals.
5.2 Professional Responsibility
- Healthcare providers retain full responsibility for patient care
- AI suggestions should be verified before implementation
- Clinical decisions must consider individual patient circumstances
- Compliance with medical ethics and standards remains with the provider
6. Data Rights and Responsibilities
6.1 Data Ownership
- You retain ownership of all patient data entered into the system
- HealthDock has a limited license to process data for service provision
- We do not sell or share patient data with third parties
- Data portability available per DPDP Act 2023 requirements
6.2 Data Security
- 256-bit AES encryption for data at rest
- TLS 1.3 encryption for data in transit
- Blockchain verification for critical records
- Regular security audits and penetration testing
- ISO 27001:2013 certified infrastructure
6.3 Data Retention
- Medical records retained per legal requirements (typically 7 years)
- Account data retained for 30 days after termination
- Backup data maintained for disaster recovery
- Right to request data deletion per DPDP Act 2023
7. Payment Terms
7.1 Subscription Fees
- Fees are based on selected plan and number of users
- Payment due at the beginning of each billing cycle
- Prices subject to change with 30 days notice
- All fees are non-refundable except as required by law
7.2 Billing
- Automatic recurring billing for subscriptions
- Invoice provided for each payment
- GST and applicable taxes added to listed prices
- Payment methods: Credit card, debit card, bank transfer, UPI
7.3 Late Payment
- Grace period of 7 days for payment issues
- Service suspension after 15 days of non-payment
- Data retained for 30 days during suspension
- Late fees may apply as per agreement
8. Intellectual Property
8.1 HealthDock Property
All intellectual property rights in HealthDock services, including software, designs, logos, and content, remain with HealthDock or our licensors.
8.2 User Content
- You retain rights to your content
- You grant us license to use content for service provision
- You warrant that your content doesn't infringe third-party rights
- We may use anonymized, aggregated data for improvements
8.3 Feedback
Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.
9. Limitation of Liability
9.1 Disclaimer of Warranties
HEALTHDOCK SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHDOCK SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, data, or business opportunities
- Medical malpractice or professional liability claims
- Damages exceeding fees paid in the preceding 12 months
9.3 Indemnification
You agree to indemnify and hold HealthDock harmless from claims arising from your use of services, violation of Terms, or infringement of third-party rights.
10. Termination
10.1 Termination by User
- Cancel subscription anytime through account settings
- Service continues until end of billing period
- Data export available before termination
- No refund for unused subscription period
10.2 Termination by HealthDock
We may terminate or suspend your account for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activities
- Risk to security or other users
- Extended inactivity (12+ months)
10.3 Effect of Termination
- Access to services ceases immediately
- Data available for export for 30 days
- Obligations and liabilities survive termination
- No further charges after termination
11. Governing Law and Disputes
11.1 Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles.
11.2 Dispute Resolution
- First attempt: Good faith negotiation
- Second step: Mediation in Bengaluru, India
- Final resort: Arbitration under Indian Arbitration Act
- Jurisdiction: Courts of Bengaluru, Karnataka
11.3 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions.
13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and HealthDock regarding service use.
13.2 Modifications
- We may update Terms with 30 days notice
- Continued use constitutes acceptance of changes
- Material changes require explicit consent
- Version history available upon request
13.3 Severability
If any provision is found invalid, remaining provisions continue in full force.
13.4 Assignment
You may not assign these Terms without our consent. We may assign our rights to successors or affiliates.
13.5 Force Majeure
Neither party liable for delays due to circumstances beyond reasonable control.
13.6 Language
These Terms are in English. Translations are for convenience only; English version prevails in disputes.