TERMS AND CONDITIONS

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legal agreement between you ("User," "Patient," "Healthcare Provider," or "You") and Medclara ("we," "us," "our," or "Company"), governing your access to and use of our medical transcription and healthcare management platform accessible at medclara.in ("Platform").

By accessing, registering with, or using the Platform in any manner, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, please do not use the Platform.

2. Use License

Medclara grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for lawful purposes in accordance with these Terms. You may not:

• Reproduce, duplicate, copy, or sell any portion of the Platform
• Attempt to gain unauthorized access to restricted portions of the Platform
• Transmit viruses, malware, or any code of destructive nature
• Collect or track personal information of others without consent
• Spam, phish, or engage in any fraudulent or deceptive practices
• Violate any applicable laws, regulations, or these Terms
• Harass, abuse, or threaten other users or Platform staff
• Use automated tools, scripts, or bots to access the Platform without authorization

3. User Registration and Accounts

3.1 Registration Requirements

To use certain features of the Platform, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain the confidentiality of your password and account credentials
• Accept responsibility for all activities occurring under your account
• Notify us immediately of unauthorized account access

3.2 Eligibility

You must be at least 18 years old to use the Platform. For users under 18, a parent or legal guardian must create and manage the account. Medclara reserves the right to verify your identity and age at any time.

3.3 Account Termination

Medclara may suspend or terminate your account if you violate these Terms, engage in unlawful conduct, or for any reason at our sole discretion with 30 days' notice (except in cases of emergency or serious violations).

4. Medical Transcription Services

4.1 Service Description

Medclara provides AI-powered and human-assisted medical transcription services, converting audio recordings of medical consultations into written records. Our services are designed to support healthcare providers and patients but do not replace professional medical judgment or diagnosis.

4.2 Accuracy and Limitations

While we strive for high accuracy in transcription, errors may occur. You agree to:

• Review all transcriptions for accuracy before clinical use
• Not rely solely on AI transcriptions for medical decision-making
• Maintain professional medical judgment and quality control
• Report errors promptly for correction

4.3 Audio Recording Consent

Healthcare providers must obtain explicit informed consent from patients before recording medical consultations. Medclara is not responsible for consent management; this is the sole responsibility of the healthcare provider.

5. Health Data and Privacy

5.1 DPDP Act Compliance

All personal and health data processing is governed by the Digital Personal Data Protection Act, 2023 ("DPDP Act"), our Privacy Policy, and applicable healthcare regulations. Healthcare providers are joint data controllers and must establish data processing agreements with Medclara.

5.2 Health Information Security

You acknowledge that health information is sensitive and requires heightened security. We implement encryption, access controls, and audit logging. However, no system is completely secure, and we cannot guarantee absolute security.

5.3 User Responsibility

Users are responsible for:

• Maintaining confidentiality of login credentials
• Using the Platform only for authorized purposes
• Complying with all applicable healthcare and privacy laws
• Not sharing patient data with unauthorized parties through the Platform

6. Intellectual Property Rights

6.1 Platform Ownership

The Platform, including all content, features, functionality, software, design, and intellectual property (collectively, "Platform Materials") are owned by or licensed to Medclara. You retain no rights to Platform Materials except as expressly granted in these Terms.

6.2 Your Content

You retain ownership of your medical records and health data uploaded to the Platform. By using our services, you grant Medclara a limited license to use your data solely for providing transcription and healthcare management services as described.

6.3 AI Model Training

Medclara may use anonymized and de-identified transcription data to improve AI transcription models, with your explicit consent only. You can opt-out through your account settings.

7. Service Fees and Payment

7.1 Pricing

Pricing for services will be clearly displayed before purchase. Fees are non-refundable except as required by law or as specified in our refund policy.

7.2 Payment Processing

We use third-party payment processors to handle transactions. By providing payment information, you consent to the sharing of data with these processors in accordance with our Privacy Policy.

7.3 Billing Disputes

Report billing disputes within 30 days. We will investigate and resolve disputes in good faith. Disputed amounts should not be withheld from payment without our agreement.

8. Limitation of Liability

8.1 Disclaimer

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. MEDCLARA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDCLARA'S TOTAL LIABILITY ARISING FROM THESE TERMS OR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MEDCLARA IN THE 12 MONTHS PRECEDING THE CLAIM.

8.3 Exclusion of Consequential Damages

IN NO EVENT SHALL MEDCLARA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 Medical Liability

Medclara's services support healthcare providers but do not replace professional medical judgment. Medclara is not liable for medical outcomes, adverse events, or misdiagnosis arising from transcription errors or service failures.

9. Indemnification

You agree to indemnify, defend, and hold harmless Medclara and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your violation of these Terms or applicable laws
• Your use of the Platform in unauthorized ways
• Your content, data, or medical records uploaded to the Platform
• Claims by third parties regarding your use of the Platform
• Your failure to obtain proper patient consent for recording or sharing

10. Availability and Uptime

10.1 Service Availability

We aim to maintain 99.5% uptime for the Platform, excluding scheduled maintenance and events beyond our control. We are not liable for downtime or service interruptions.

10.2 Maintenance

We may perform scheduled maintenance with 48 hours' notice. During maintenance, the Platform may be unavailable.

10.3 Emergency Access

In medical emergencies, patients have the right to access their health records and transcriptions without delay, even if account issues exist. Contact our emergency support line for immediate assistance.

11. Third-Party Services and Links

11.1 Third-Party Integrations

The Platform may integrate with or link to third-party services (electronic health record systems, payment processors, etc.). We are not responsible for these third-party services, their privacy practices, or content.

11.2 Your Responsibility

You are solely responsible for reviewing third-party terms, privacy policies, and security practices. Use of third-party services is at your own risk.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of India, including the Digital Personal Data Protection Act, 2023, and applicable healthcare regulations. You consent to the exclusive jurisdiction of courts in India.

12.2 Grievance Redressal

Before pursuing legal action, you agree to first contact our Grievance Officer at contact@medclara.in. We will attempt to resolve disputes within 30 days.

12.3 Mediation and Arbitration

If informal resolution fails, disputes may be submitted to mediation or arbitration under Indian Arbitration and Conciliation Act, 1996. Both parties agree to arbitration as final resolution method.

13. Prohibited Conduct

You agree not to engage in any of the following activities:

• Accessing or attempting to access unauthorized areas of the Platform
• Interfering with Platform functionality or security measures
• Reverse engineering, decompiling, or disassembling Platform code
• Uploading or sharing illegal content, malware, or harmful materials
• Harassment, threats, or abusive behavior toward others
• Impersonating healthcare providers or Medclara staff
• Violating any applicable laws, regulations, or healthcare standards
• Reselling, redistributing, or commercial use of Platform access

14. Changes to Terms

Medclara may update these Terms at any time. Material changes will be notified via email or prominent Platform announcements at least 30 days before taking effect. Continued use after changes constitutes acceptance.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it valid, or if not possible, severed. The remaining provisions will remain in effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreements, and any other documents incorporated by reference, constitute the entire agreement between you and Medclara regarding the Platform. These Terms supersede all prior agreements, understandings, and representations.

17. Contact Information

For Inquiries and Support

Grievance Resolution