Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your use of CliniKite, a clinic management software platform provided by HexaRadius(“we,” “us,” “our”), headquartered in Chennai, Tamil Nadu, India.

By installing, accessing, or using CliniKite, you (“the Clinic,” “you,” “your”) agree to be bound by these Terms. If you do not agree, you must not use the software.

2. Description of Service

CliniKite provides software tools for appointment scheduling, electronic medical records, digital prescriptions, GST-compliant billing, and WhatsApp-based patient communication. The software is deployed on infrastructure owned or controlled by the Clinic. CliniKite does not host or store the Clinic's patient data on its own servers.

3. Licence and Permitted Use

Subject to payment of applicable licence fees and ongoing compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use CliniKite for the lawful operation of a registered medical clinic in India.

You agree not to:

• Use the software for any unlawful purpose or in violation of applicable medical, data protection, or consumer protection laws.
• Resell, sublicense, or redistribute the software to third parties.
• Reverse engineer, decompile, or attempt to extract the source code, except to the extent expressly permitted by law.
• Use the software to operate a practice without valid medical registration or regulatory approval.
• Misrepresent patient consent or use WhatsApp communication features to send unsolicited messages.

4. Clinical Responsibility

CliniKite is a software tool, not a medical device or clinical decision-maker. All clinical judgements, diagnoses, prescriptions, and treatment decisions are the sole responsibility of the treating doctor.

AI-assisted features such as drug interaction checks, lab report flagging, and pre-consultation summaries are provided as decision-support aids only. They must not be relied upon as a substitute for professional clinical judgement. The treating doctor is responsible for verifying any AI-generated output before acting on it.

We are not liable for any clinical outcome, misdiagnosis, adverse event, or patient harm arising from the Clinic's use of the software.

5. Clinic Responsibilities

As the operator of your CliniKite installation, you are responsible for:

• Obtaining valid patient consent before collecting, storing, or transmitting personal and medical data.
• Securing the infrastructure on which CliniKite is deployed, including server access controls, database backups, and physical security.
• Complying with all applicable laws, including the Digital Personal Data Protection Act, 2023, National Medical Commission regulations, and GST invoicing requirements.
• Managing user accounts, role assignments, and access permissions within the Clinic.
• Ensuring that patient communications sent via WhatsApp comply with Meta's Business Messaging Policy.

6. Our Responsibilities

We will:

• Provide the software substantially as described, with reasonable efforts to maintain availability.
• Release security patches and bug fixes through our standard update channels.
• Provide technical support during business hours, as specified in your service agreement.
• Notify you of material changes to the software or these Terms with reasonable advance notice.

Except as expressly stated, the software is provided “as is,” without warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Data Ownership

All patient data, clinical records, prescriptions, and billing information generated or stored through CliniKite belong to the Clinic. We do not claim any ownership, licence, or right to use the Clinic's data beyond what is strictly required to deliver contracted services (such as WhatsApp message relay).

8. Fees and Payment

Licence fees, support charges, and any additional service costs are set out in your service agreement. Fees are payable in advance. We reserve the right to suspend access to software updates and support if invoices remain unpaid beyond 30 days.

9. Termination

Either party may terminate these Terms:

• For convenience— with 30 days' written notice.
• For cause— immediately, if the other party materially breaches these Terms and fails to remedy the breach within 15 days of written notice.

We may suspend or terminate your licence immediately if we have reasonable grounds to believe you are using CliniKite to violate applicable law, endanger patient safety, or breach Meta's WhatsApp Business policies.

Because your data resides on your own infrastructure, termination of the licence does not affect your continued access to existing records. However, you will no longer receive software updates, security patches, or technical support.

10. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to these Terms shall not exceed the total licence fees paid by the Clinic in the twelve months preceding the claim. We shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits, revenue, data, or reputation.

Nothing in these Terms excludes liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall first be addressed through good-faith negotiation between the parties.

If the dispute is not resolved within 30 days, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator, seated in Chennai, Tamil Nadu, and conducted in English. The courts of Chennai shall have exclusive jurisdiction over any matter not subject to arbitration.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to active clinics by email with at least 30 days' notice. Continued use of the software after the effective date of the revised Terms constitutes acceptance.