These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and Medaino Healthcare Private Limited ("Medaino", "we", "us"), governing your access to and use of our websites, software, APIs, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
1. Definitions
"Customer Data" means any data, content, or information submitted to or processed by the Services by or on behalf of Customer. "Authorized User" means any individual whom Customer permits to access the Services under Customer's account.
2. Services and Access
Subject to these Terms and the applicable order form, Medaino grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for Customer's internal business operations during the subscription term.
3. Customer Obligations
- Customer is responsible for the accuracy and lawfulness of all Customer Data.
- Customer shall ensure that all Authorized Users comply with these Terms.
- Customer shall obtain all consents and authorizations required under applicable healthcare and data protection laws before submitting personal or patient data to the Services.
- Customer shall not attempt to reverse engineer, decompile, or otherwise misuse the Services.
4. Fees and Payment
Fees are set out in the applicable order form or subscription plan. Unless otherwise stated, fees are non-refundable, exclusive of taxes, and payable in Indian Rupees (INR) or such other currency as agreed. Late payments may attract interest at the maximum rate permitted by law.
5. Confidentiality
Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar nature, and in no event less than reasonable care.
6. Intellectual Property
Medaino retains all right, title, and interest in and to the Services, including all related intellectual property rights. Customer retains all right, title, and interest in and to Customer Data.
7. Data Protection and Security
Medaino implements reasonable administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of Customer Data, as further described in our Privacy Policy.
8. Disclaimers
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Medaino disclaims all warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose. The Services are not a substitute for professional medical judgment, diagnosis, or treatment.
9. Limitation of Liability
To the maximum extent permitted by law, Medaino's aggregate liability arising out of or related to these Terms shall not exceed the total fees paid or payable by Customer to Medaino for the Services in the twelve (12) months preceding the event giving rise to the claim. Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages.
10. Term and Termination
These Terms remain in effect for the duration of the subscription. Either party may terminate for material breach if such breach is not cured within thirty (30) days of written notice. Upon termination, Customer's right to access the Services ceases.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. The courts of New Delhi shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through the Services or via email. Continued use of the Services after such updates constitutes acceptance of the revised Terms.
13. Contact
For questions about these Terms, contact us at agarwals2610@gmail.com or write to:
Medaino Healthcare Private Limited
Plot No.-5 5A G/F Kh. No. 53/2, Gopal Nagar Phase-II,
P-Block, Surakpur Road, Najafgarh, New Delhi-110043, India