Terms of Service

General

“Medhive” (hereinafter, the “App”) is owned and operated by Atomicslate Labs LLP, (“Firm”), a Limited Liability Partnership firm registered under the Indian Partnership Act, 1932, having its registered office at Flat No604 J Block Apurupa, K V Rangareddy Uppal Kalam, Uppal (k.v.rangareddy), K.v.rangareddy, Uppal, Telangana, India, 500039 where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the App. These terms are to be read along with the Privacy Policy and any other policies on the App.

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 & 2021 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the App and being generated by a computer system, it does not require any physical or digital signatures.

Eligibility

The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this App if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

Term and Termination

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the App or the Transaction between the Parties, if any, concludes to the satisfaction of both Parties; whichever is longer. The Firm reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services offered on the App, or any portion thereof, at any time, without notice or cause.

Services Overview

The App is a digital platform designed to assist healthcare professionals including but not limited to individual doctors, clinics, and hospitals, in managing billing, patient appointments, and communication with patients via SMS, WhatsApp, email, and other electronic means on yearly subscription basis. These shall be collectively termed as ‘Service’ & ‘Services’ as the context so requires.

Registration

In order to use the services offered through the App, You need to be a Registered User and You agree to provide us with accurate and complete registration information. In the case that You provide with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. It is the sole responsibility of the User to inform the Firm of any changes to that information.

Further, at any time during Your use of this App, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of your account credentials and any activity under the account shall be deemed to have been done by You, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.

Communication

Charges

The use of this App by the User may be subject to subscription fees, service charges, or other applicable costs as specified by the Firm from time to time. Such charges will be notified to the User before availing any paid service.

Billing and Payments

To process financial transactions, We may use third-party electronic payment processors or service providers (ESPs). As required, You permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.

The following payment options are available on the App:

• Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
• Visa & Master Card Debit cards;
• Net banking/Direct Debit/UPI payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.

Third-Party Services and Integrations

The App may integrate with third-party services such as SMS gateways, WhatsApp Business APIs, email service providers, payment processors, and cloud storage providers. The Firm does not control and shall not be responsible or liable for the performance, availability, accuracy, or reliability of such third-party services. The User agrees that any use of third-party services shall be governed by the terms and policies of such providers.

Security

Transactions on the App are secure and protected. Any information entered by the User when transacting on the App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm/App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

User Obligations

Suspension of User access and activity

Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to the App, without being required to provide the User with notice or cause:

• If the User is in breach of any of these Terms or the Policy;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If the User’s actions may cause any harm, damage or loss to the other users or to the App/Firm, at the sole discretion of the Firm.

Indemnity and Limitations

The User hereby expressly agrees to defend, indemnify and hold harmless the App and the Firm, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions.

In no event shall the Firm/ App be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/ App had been advised of the possibility of such damages.

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are the property of the Firm.

Disclaimer of Warranties and Liabilities

Except as otherwise expressly stated on the App, all services offered on the App are offered on an "as is" basis without any warranty whatsoever, either express or implied. The Firm/App accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the App. The Firm App does not guarantee that the functions and services contained in the App will be uninterrupted or error-free.

Patient Data & Confidentiality

Users may upload, store, or transmit patient information, billing records, and other data through the App. The Firm does not claim ownership of such data but is granted a limited, non-exclusive license to process, store, and transmit the same solely for the purpose of providing the services of the App. Users retain full ownership and responsibility for their data. Users are solely responsible for ensuring compliance with patient confidentiality and applicable data protection laws.

Medical Disclaimer

The App does not provide medical advice, diagnosis, or treatment. It is only a platform to manage billing, appointments, and communication. All medical opinions, advice, or treatment provided through communications using the App are the sole responsibility of the User (doctor, clinic, or hospital). The Firm disclaims liability for any medical negligence, malpractice, or miscommunication between the User and patients.

Submissions

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Firm or this App will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Firm to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration.

Force Majeure

Neither the Firm nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, hacking, piracy.

Dispute Resolution and Jurisdiction

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.

• Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves.
• Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on both Parties. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad in the state of Telengana, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Hyderabad shall have exclusive jurisdiction over any disputes arising between the Parties.

Notices

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User reducing the same to writing, and sending the same to the registered office of the Firm by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)

Miscellaneous Provisions

• Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
• Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
• Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law.