Terms & Conditions

1) Introduction

These Terms & Conditions ("Terms") govern your access to and use of EMR Prime (the "Service"), a hospital management software solution owned and operated by Ashish Soni ("we", "us", or "our"). By creating an account, accessing, or using the Service, you (the "Customer" or "User") agree to these Terms.

If you are using the Service on behalf of a legal entity (e.g., hospital, clinic, diagnostic center), you represent that you have the authority to bind that entity, and "you" will refer to that entity.

2) Definitions

• Account: A unique profile enabling use of the Service.
• Subscription: The paid plan(s) granting time-bound access to the Service and features.
• Customer Data: Any data, files, content, or information submitted to the Service by you, including patient, staff, inventory, billing, and operational data.
• Documentation: Online guides, manuals, and FAQs provided by us.
• Support: Assistance provided by us via channels listed in Section 16.

3) Scope of Service & License

1. We grant you a non-exclusive, non-transferable, limited right to access and use the Service for your internal business operations, subject to these Terms and your active Subscription.
2. We may improve, modify, or discontinue features from time to time, with reasonable efforts to avoid material degradation of core functionality.
3. Unless otherwise agreed in writing, the Service is provided as a cloud/SaaS solution. Any on-premise deployment, if offered, is governed by a separate agreement.

4) Eligibility & Account Responsibilities

1. You must provide accurate registration data and keep it updated.
2. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
3. You must promptly notify us of any unauthorized access or security breach related to your Account.

5) Acceptable Use

1. Do not misuse the Service, including but not limited to: reverse engineering, attempting to access non-public areas, interfering with system integrity, or using automated means to access the Service.
2. You shall not upload unlawful, harmful, or infringing content, nor violate any applicable law or third-party rights.
3. Use the Service only for lawful healthcare management purposes; do not use it for emergency medical responses or as a substitute for professional clinical judgment.

6) Medical Disclaimer

The Service is an operational tool to assist with hospital/clinic management (e.g., EMR, OPD/IPD, billing, inventory). It does not provide medical advice, diagnosis, or treatment. Clinical decisions must be made by qualified healthcare professionals using their independent judgment.

7) Fees, Billing & Taxes

1. Subscription Fees: Fees are charged in advance per the plan you select. Prices may change with prior notice as per Section 18 (Changes).
2. Payment Methods: You authorize us and our payment processors to charge your selected payment method on a recurring basis.
3. Taxes: Fees are exclusive of applicable taxes. You are responsible for GST and any other taxes, duties, or levies, as applicable.
4. Invoices & Receipts: Will be provided electronically to the billing email on file.
5. Late/Failed Payments: We may suspend or limit access to the Service until outstanding amounts are paid.

8) Trial & Refund Policy

1. Free Trial: New customers are eligible for a 7-day trial with access to standard features.
2. No Refunds After Purchase: Since ample time is provided to evaluate the Service during the trial, we do not offer refunds for subscription fees, setup fees, or add-ons, in whole or in part.
3. Cancellation: You may cancel at any time; cancellation prevents future billing but does not entitle you to a refund for the current billing period.

9) Term, Renewal & Suspension

1. Term: Your Subscription term begins on the subscription start date and continues for the chosen billing period.
2. Auto-Renewal: Subscriptions renew automatically unless cancelled before the renewal date.
3. Suspension/Termination: We may suspend or terminate access for non-payment, violation of these Terms, legal compliance, or risk to the Service's security/integrity.

10) Customer Data, Privacy & Security

1. Ownership: You retain all rights to Customer Data. We do not claim ownership of your data.
2. Use of Data: We process Customer Data solely to provide and improve the Service, perform Support, and meet legal obligations.
3. Confidentiality: We maintain administrative, technical, and physical safeguards appropriate to the nature of the data.
4. Compliance: We endeavor to comply with applicable Indian data protection laws, including the Digital Personal Data Protection Act, 2023, as applicable to our role as a data fiduciary/processor.
5. Backups & Retention: We maintain routine backups. Upon termination or your written request, we will provide a standard export of Customer Data and then delete or anonymize it subject to legal retention obligations.

For details on collection and use of personal data, please review our separate Privacy Policy.

11) Third-Party Services & Integrations

1. The Service may integrate with third-party services (e.g., SMS gateways, payment processors, lab interfaces). Your use of such services is subject to their terms and privacy policies.
2. We are not responsible for third-party products, services, or content and disclaim liability for any issues arising therefrom.

12) Service Levels & Support

1. Availability: We target 99.5% monthly uptime for core services, excluding planned maintenance and events beyond our reasonable control.
2. Maintenance: We typically perform planned maintenance during low-traffic windows with prior notice where feasible.
3. Support: Business-hours support via the channels listed in Section 16.

13) Intellectual Property

1. All rights, title, and interest in the Service, including software, UI/UX, Documentation, and trademarks (collectively, "EMR Prime IP"), remain with us.
2. You receive no rights to EMR Prime IP except as expressly granted in these Terms.
3. You may provide feedback; we may use it without restriction or obligation.

14) Confidentiality

Each party agrees to protect the other party's confidential information using at least reasonable care and not to disclose it except to employees/contractors with a need to know and bound by confidentiality obligations.

15) Disclaimers & Warranties

1. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
2. We do not warrant that the Service will be uninterrupted, error-free, or meet your requirements.

16) Limitation of Liability

1. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or business interruption.
2. Our aggregate liability for all claims in any 12-month period shall not exceed the total fees paid by you to us for the Service in that period.

17) Support & Contact

For support and legal notices, contact:

18) Governing Law & Dispute Resolution

1. These Terms are governed by the laws of India, without regard to conflict of law principles.
2. Courts located in Gwalior, Madhya Pradesh, India shall have exclusive jurisdiction, subject to any mandatory arbitration or mediation requirements agreed in writing.

19) Changes to Terms & Pricing

1. We may update these Terms or our pricing from time to time. Material changes will be notified via email or in-product notice.
2. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

20) Effects of Termination

1. Upon termination, your access to the Service ends. We will provide a commercially reasonable window (e.g., 15–30 days) for you to export Customer Data, unless prohibited by law.
2. Sections intended to survive termination (e.g., confidentiality, IP, limitations of liability, governing law) shall continue to apply.

21) Miscellaneous

1. Entire Agreement: These Terms and any referenced policies constitute the entire agreement.
2. Severability: If any provision is held invalid, the remaining provisions remain in effect.
3. Assignment: You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
4. Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
5. Notices: We may provide notices electronically to your registered email or within the Service.