Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kaero Group ("Company," "we," "us," or "our"), governing your access to and use of the KaeroPrescribe healthcare management platform, including all related applications, services, and websites (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Definitions

• "Healthcare Provider" means hospitals, clinics, laboratories, pharmacies, doctors, and other medical professionals using the Platform to deliver healthcare services.
• "Patient" means individuals receiving healthcare services through providers using the Platform.
• "Administrator" means authorized personnel managing the Platform for a Healthcare Provider.
• "Protected Health Information (PHI)" means any individually identifiable health information as defined under applicable healthcare regulations.
• "Services" means all features, functionalities, and modules provided through the Platform including OPD, IPD, Laboratory, and Pharmacy management.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Platform, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• For Healthcare Providers: Hold valid licenses and registrations as required under the Clinical Establishments Act, 2010, Indian Medical Council Act, or other applicable laws
• Have the legal authority to enter into binding agreements
• Not be barred from using the services under applicable law

3.2 Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You must provide accurate, current, and complete information during registration
• You must promptly update your information if it changes
• You are solely responsible for all activities under your account
• You must immediately notify us of any unauthorized access or security breach

3.3 Account Verification

We may require verification of identity, professional credentials, or organizational authorization before granting access to certain features. Healthcare Providers must provide valid registration certificates and licenses as required.

4. Services Description

KaeroPrescribe provides a comprehensive healthcare management platform including:

5. Fees and Payment

5.1 Subscription Plans

• Services are offered under various subscription plans (Base, Super, Enterprise)
• Current pricing is available on our pricing page and may be updated periodically
• All prices are exclusive of applicable taxes (GST) unless stated otherwise

5.2 Payment Terms

• Payment is due in advance for the selected billing period (half-yearly or yearly)
• We accept payments via UPI, credit/debit cards, net banking, and bank transfers
• Invoices will be provided with GST details as per Indian tax regulations
• Failure to pay may result in service suspension or termination

5.3 Refund Policy

• Refund requests must be submitted within 7 days of initial subscription
• Pro-rata refunds may be considered for annual subscriptions cancelled after 7 days, at our discretion
• No refunds for partial month usage or terminated accounts due to Terms violation
• Refunds will be processed within 15-30 business days

5.4 Price Changes

We reserve the right to modify pricing with 30 days' advance notice. Existing subscriptions will continue at the current rate until renewal.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Platform only for:

• Legitimate healthcare management and delivery purposes
• Activities that comply with all applicable laws and regulations
• Purposes authorized by your subscription plan

6.2 Prohibited Conduct

You agree NOT to:

• Use the Platform for any unlawful purpose or in violation of healthcare regulations
• Access, tamper with, or use non-public areas of the Platform
• Attempt to probe, scan, or test the vulnerability of our systems
• Interfere with or disrupt the Platform or servers
• Impersonate any person or entity or misrepresent your affiliation
• Share login credentials or allow unauthorized access
• Upload malicious code, viruses, or harmful content
• Scrape, data mine, or extract data without authorization
• Use the Platform for commercial purposes beyond your subscription
• Violate patient privacy or confidentiality obligations
• Create false medical records or fraudulent prescriptions
• Engage in any activity that could harm patients or healthcare integrity

7. Healthcare-Specific Terms

7.1 Healthcare Provider Responsibilities

• Maintain all required professional licenses and registrations
• Ensure all staff using the Platform are properly trained and authorized
• Comply with Medical Council of India guidelines and professional ethics
• Maintain accurate and complete medical records
• Obtain proper patient consent for data processing
• Report adverse events and comply with pharmacovigilance requirements

7.2 Medical Disclaimer

7.3 Drug Information

Drug information, interaction alerts, and dosage suggestions are provided for reference purposes only. Healthcare providers must exercise independent professional judgment. We do not guarantee completeness or accuracy of drug databases and recommend verification from authoritative sources.

8. Intellectual Property

8.1 Our Intellectual Property

The Platform, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by Kaero Group and protected by Indian and international intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose.

8.2 Your Content

You retain ownership of data and content you input into the Platform. By using the Platform, you grant us a limited license to process, store, and display your content solely for providing the Services.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by us without obligation or compensation to you.

9. Disclaimers and Limitation of Liability

9.1 Service Availability

The Platform is provided "AS IS" and "AS AVAILABLE." While we strive for 99.9% uptime, we do not guarantee uninterrupted, error-free, or secure access. Scheduled maintenance will be notified in advance when possible.

9.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the Platform will meet your specific requirements
• Warranties regarding the accuracy or reliability of results
• Warranties against infringement of third-party rights

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of data, revenue, profits, or business opportunities
• We shall not be liable for medical malpractice or clinical decisions made by Healthcare Providers

10. Indemnification

You agree to indemnify, defend, and hold harmless Kaero Group, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Medical malpractice or negligence by Healthcare Providers
• Unauthorized access due to your failure to protect credentials

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting support. You remain responsible for all fees incurred prior to termination.

11.2 Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms or our policies
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to the Platform or other users
• Receive a court order or regulatory directive

11.3 Effect of Termination

• Your right to access the Platform ceases immediately
• We will retain your data as required by law and our data retention policy
• You may request data export within 30 days of termination
• Provisions that should survive termination will remain in effect

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

12.2 Dispute Resolution

• Informal Resolution: We encourage you to contact us first to resolve disputes informally
• Mediation: If informal resolution fails, disputes may be submitted to mediation under the Mediation Act, 2023
• Arbitration: Unresolved disputes shall be settled by binding arbitration under the Arbitration and Conciliation Act, 1996, with proceedings conducted in English in Kolkata, India

12.3 Jurisdiction

For matters not subject to arbitration, courts in Kolkata, West Bengal, India shall have exclusive jurisdiction.

12.4 Class Action Waiver

To the extent permitted by law, all disputes must be brought on an individual basis and not as part of any class, collective, or representative proceeding.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Kaero Group regarding the Platform.

13.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor.

13.5 Force Majeure

We shall not be liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, pandemics, wars, government actions, or infrastructure failures.

13.6 Amendments

We may modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

14. Contact Information