Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Medismo Technologies Private Limited ("Medismo," "Company," "we," "us," or "our") regarding your use of our healthcare SaaS platform and related services.

By accessing, registering for, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

Medismo provides a comprehensive healthcare intelligence SaaS platform consisting of three primary services:

2.1 HealthFlow AI

• Clinical decision support and real-world evidence generation
• Patient cohort identification for clinical trials
• EHR integration via FHIR R4 compliance
• Regulatory-ready reporting and analytics

2.2 PatientVoice Pro

• Patient sentiment analysis across 10 Indian languages
• Multi-platform feedback integration (Google Reviews, WhatsApp, surveys)
• Real-time analytics and reporting dashboards
• Patient experience improvement recommendations

2.3 FieldVoice

• Voice-powered CRM for medical representatives
• DGHS-compliant field force management
• Offline-capable DCR creation and reporting
• AI-powered visit planning and insights

3.1 Eligibility Requirements

• Must be a healthcare organization, professional, or authorized representative
• Must have legal authority to enter into this agreement
• Must be at least 18 years of age
• Must comply with applicable healthcare regulations in your jurisdiction

3.2 Account Registration

• Provide accurate, complete, and current information
• Maintain and update your account information
• Safeguard your login credentials and notify us of unauthorized access
• Accept responsibility for all activities under your account

3.3 Organization Accounts

• Designated administrators can manage user access and permissions
• Organizations are responsible for their users' compliance with these Terms
• Business Associate Agreements may be required for healthcare data processing
• Audit trails are maintained for all organizational activities

4.1 License Grant

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your internal business purposes in accordance with your subscription plan.

4.2 Usage Restrictions

• Do not reverse engineer, decompile, or disassemble any part of the Services
• Do not use the Services for any unlawful or unauthorized purpose
• Do not exceed the usage limits specified in your subscription plan
• Do not resell, sublicense, or transfer your rights to third parties
• Do not use the Services to compete with us or develop competing products

4.3 API Usage

• API access is subject to rate limits and usage quotas
• API keys must be kept confidential and secure
• Integration must comply with our API documentation and best practices
• We reserve the right to monitor API usage and enforce limits

5.1 Compliance Requirements

• Comply with all applicable laws, regulations, and industry standards
• Maintain appropriate licenses and certifications for your practice
• Ensure proper consent and authorization for data processing
• Implement appropriate security measures for data protection

5.2 Data Responsibilities

• Ensure accuracy and completeness of data you provide
• Obtain necessary consents for patient data processing
• Maintain backup copies of critical data
• Report security incidents or data breaches immediately

5.3 Prohibited Activities

• Uploading malicious code, viruses, or harmful content
• Attempting to gain unauthorized access to our systems
• Interfering with the operation of our Services
• Using the Services for illegal or unethical purposes
• Violating patient privacy or confidentiality

6.1 Subscription Plans

• Subscription fees are billed annually in advance
• Pricing is based on your selected plan and usage requirements
• Plan changes take effect at the next billing cycle
• Free trial periods may be offered for new customers

6.2 Payment Terms

• Payment is due within 30 days of invoice date
• Late payments may incur interest charges and service suspension
• All fees are non-refundable except as required by law
• Taxes are the responsibility of the customer

6.3 Usage-Based Charges

• Overage charges apply for exceeding plan limits
• Usage is measured monthly and billed in arrears
• Detailed usage reports are available in your account dashboard
• We will notify you before significant overage charges are incurred

7.1 Data Ownership

• You retain ownership of all data you upload or input into our Services
• We may use aggregated, de-identified data for service improvement
• Data portability is available upon request
• Data deletion is available in accordance with our Privacy Policy

7.2 Security Measures

• Enterprise-grade security with encryption at rest and in transit
• Regular security audits and penetration testing
• Role-based access control and audit logging
• Incident response and business continuity procedures

7.3 Business Associate Agreement

• BAA execution required for HIPAA-covered entities
• Compliance with applicable healthcare data protection regulations
• Breach notification procedures in accordance with regulations
• Regular compliance monitoring and reporting

8.1 Our IP Rights

• We own all rights to our Services, software, and technology
• Our trademarks, logos, and branding are our exclusive property
• Algorithms, AI models, and analytics methods are proprietary
• No rights are granted except as explicitly stated in these Terms

8.2 Your IP Rights

• You retain ownership of your data and content
• You grant us a license to process your data to provide Services
• We do not claim ownership of your medical records or patient data
• You represent that you have rights to all data you provide

8.3 Feedback and Suggestions

• Feedback provided to us becomes our property
• We may use feedback to improve our Services
• No compensation is owed for feedback or suggestions
• Feedback does not create any obligations on our part

9.1 Service Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Medical Disclaimers

• Our Services are not intended to diagnose, treat, cure, or prevent any disease
• AI-generated insights are for informational purposes only
• Always consult qualified healthcare professionals for medical decisions
• We do not guarantee accuracy of any medical information or predictions

9.3 Technical Disclaimers

• We do not guarantee uninterrupted or error-free service
• Third-party integrations are subject to external service availability
• Data processing accuracy may vary based on input quality
• System performance may be affected by network and hardware factors

10.1 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

10.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Exceptions

• Liability for gross negligence or willful misconduct
• Liability that cannot be excluded by applicable law
• Indemnification obligations as set forth in these Terms
• Data breach notification and remediation costs

11.1 Termination Rights

• Either party may terminate with 30 days' written notice
• We may suspend access for non-payment or Terms violations
• Immediate termination for material breach or illegal activity
• Termination for insolvency or business closure

11.2 Effect of Termination

• All rights and licenses granted to you immediately cease
• You must cease all use of our Services
• Outstanding fees become immediately due and payable
• Data export is available for 30 days post-termination

11.3 Data Retention

• Customer data is available for export for 30 days
• Data deletion in accordance with our Privacy Policy
• Audit logs retained as required by regulations
• Aggregated, de-identified data may be retained for analytics

12.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. The courts of Bangalore, Karnataka shall have exclusive jurisdiction over any disputes arising from these Terms.

12.2 Dispute Resolution

• Initial disputes should be addressed through direct negotiation
• Mediation may be pursued before formal legal proceedings
• Arbitration proceedings shall be conducted in Bangalore
• Emergency relief may be sought in courts of competent jurisdiction

12.3 Miscellaneous

• These Terms constitute the entire agreement between the parties
• No waiver of any provision unless in writing and signed
• If any provision is invalid, the remainder shall remain in effect
• Updates to Terms will be communicated with 30 days notice

These Terms of Service were last updated on January 15, 2025 and are effective immediately for all new users and existing users.