Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Clineeq, a medical practice management software platform operated by Suvera Healthcare Technologies ("Clineeq," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Clineeq software-as-a-service platform, including all related services, features, and functionalities (collectively, the "Services").

By accessing or using the Services, you ("Subscriber," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a medical practice, clinic, or other healthcare organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms constitute a legally binding agreement between you and Clineeq. Please read them carefully.

2. Description of Services

Clineeq provides a cloud-based medical practice management platform designed for aesthetic clinics, hair transplant centers, and similar healthcare facilities in India. The Services include, but are not limited to:

• Patient Management: Electronic medical records (EMR), patient demographics, clinical notes, medical history, and documentation
• Appointment Scheduling: Calendar management, appointment booking, and automated reminders
• Patient Portal: Secure patient access to health records, appointment booking, and communication with healthcare providers
• Communication Tools: Secure messaging, SMS notifications, and video consultation capabilities
• Billing and Payments: Invoice generation, payment processing, and financial reporting
• Customer Relationship Management (CRM): Lead tracking, patient engagement, and marketing tools
• Analytics and Reporting: Practice performance metrics, patient insights, and business intelligence

The Services are provided on a multi-tenant software-as-a-service (SaaS) basis, with each Subscriber receiving access through a dedicated subdomain (e.g., yourpractice.clineeq.in) or custom domain.

3. Subscription and Account Registration

3.1 Account Creation

To access the Services, you must create an account by providing accurate, current, and complete information as prompted during the registration process. You agree to maintain and promptly update your account information to ensure it remains accurate and complete.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (username and password)
• All activities that occur under your account
• Implementing appropriate access controls for users within your organization
• Immediately notifying Clineeq of any unauthorized access or security breach

You agree not to share your account credentials with unauthorized third parties. Clineeq will not be liable for any loss or damage arising from your failure to maintain account security.

3.3 User Roles and Permissions

The Services support multiple user roles including practice owners, doctors, staff members, nurses, and patients. You are responsible for properly assigning roles and permissions to users within your organization in accordance with applicable privacy and security requirements.

3.4 Eligibility

The Services are intended for use by licensed healthcare professionals and authorized staff members of medical practices in India. By using the Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• If registering as a healthcare professional, you hold all necessary licenses, registrations, and certifications required under applicable Indian law
• Your use of the Services complies with all applicable laws and regulations

4. Subscription Plans and Fees

4.1 Subscription Plans

Clineeq offers various subscription plans with different features, user limits, and pricing. The specific features, limitations, and fees applicable to your subscription are detailed in your subscription plan or order form.

4.2 Fees and Payment

You agree to pay all fees associated with your selected subscription plan. Fees are:

• Billed in Indian Rupees (INR)
• Payable in advance on a monthly, quarterly, or annual basis as specified in your plan
• Exclusive of all applicable taxes, duties, and governmental charges (which you are responsible for paying)
• Non-refundable except as expressly stated in these Terms

4.3 Payment Methods

Payment may be made through credit card, debit card, UPI, net banking, or other payment methods we make available. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

4.4 Price Changes

We reserve the right to modify our pricing upon thirty (30) days' advance notice to you. Price changes will take effect at the start of your next billing cycle. Your continued use of the Services after the price change constitutes acceptance of the new pricing.

4.5 Late Payment and Suspension

If payment is not received when due, we may:

• Suspend access to the Services after five (5) days' notice
• Charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
• Pursue collection of outstanding amounts, with you being responsible for all collection costs

4.6 Free Trials

We may offer free trial periods for new Subscribers. During a trial period, we may terminate your access at any time. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

5. Data Ownership and Licensing

5.1 Your Data Ownership

You retain all right, title, and interest in and to all data, content, and information you or your users upload, store, or process through the Services ("Customer Data"), including:

• Patient health information and medical records
• Clinical notes and documentation
• Patient demographic information
• Billing and financial data
• Images, photos, and other media files
• Communication content

We claim no ownership rights over Customer Data. These Terms do not grant us any intellectual property rights in Customer Data except as necessary to provide the Services.

5.2 License to Use Customer Data

You grant Clineeq a limited, non-exclusive, worldwide, royalty-free license to access, use, process, copy, store, transmit, and display Customer Data solely to:

• Provide, maintain, and improve the Services
• Prevent or address technical, security, or legal issues
• Comply with applicable laws and legal obligations
• Enforce these Terms

This license terminates when you delete Customer Data from the Services or when these Terms terminate, except for data we are required to retain by law.

5.3 Aggregated and De-Identified Data

We may collect, use, and disclose aggregated, de-identified, or anonymized data derived from your use of the Services for analytics, research, product improvement, and benchmarking purposes, provided such data cannot reasonably identify you, your practice, or any individual patient.

5.4 Data Accuracy and Compliance

You are solely responsible for:

• The accuracy, quality, integrity, and legality of Customer Data
• The means by which you acquire Customer Data
• Ensuring you have all necessary rights, consents, and authorizations to collect and process Customer Data
• Your use of Customer Data in compliance with applicable laws

5.5 Clineeq Intellectual Property

The Services, including all software, technology, content, trademarks, and materials provided by Clineeq (excluding Customer Data), are and remain the exclusive property of Clineeq and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Remove or alter any proprietary notices on the Services
• Rent, lease, sell, sublicense, or transfer the Services to third parties
• Use the Services to develop competing products or services

6. Data Security and Privacy

6.1 Security Measures

We implement and maintain reasonable administrative, physical, and technical safeguards designed to protect Customer Data against unauthorized access, loss, destruction, or alteration. These measures include, but are not limited to:

• Data encryption in transit (TLS/SSL) and at rest (AES-256)
• Access controls and authentication mechanisms
• Regular security audits and vulnerability assessments
• Network security monitoring
• Secure data centers with physical security controls

6.2 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in the Privacy Policy.

6.3 Compliance with Data Protection Laws

Both parties agree to comply with all applicable data protection and privacy laws, including:

• Information Technology Act, 2000 and amendments
• Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
• Digital Personal Data Protection Act, 2023 (when fully effective)
• Any other applicable Indian data protection regulations

6.4 Data Processing

To the extent Clineeq processes personal data on your behalf, Clineeq acts as a data processor and you act as the data fiduciary (or data controller). You are responsible for:

• Obtaining all necessary consents from data subjects (including patients)
• Providing required privacy notices
• Ensuring you have a lawful basis for processing
• Responding to data subject rights requests

6.5 Data Breach Notification

In the event of a security breach that compromises Customer Data, we will:

• Notify you without undue delay and in accordance with applicable law
• Provide information about the nature of the breach
• Take reasonable steps to remediate the breach
• Cooperate with you in meeting any legal notification obligations

You acknowledge that you are responsible for notifying affected individuals and regulatory authorities as required by applicable data protection laws.

6.6 Data Location and Transfers

Customer Data is primarily stored and processed in India (AWS Asia Pacific Mumbai Region). We may transfer data to third-party service providers located outside India for limited purposes such as customer support or infrastructure services. Any such transfers will be conducted in accordance with applicable data protection laws and appropriate safeguards.

7. Acceptable Use Policy

7.1 Permitted Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will use the Services in a professional manner consistent with standard medical practice and ethical guidelines.

7.2 Prohibited Activities

You agree NOT to:

Legal Violations:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of Clineeq or any third party
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable

Security Violations:

• Attempt to gain unauthorized access to the Services, other user accounts, or computer systems
• Interfere with or disrupt the Services, servers, or networks
• Introduce viruses, malware, or other harmful code
• Circumvent any security or authentication measures
• Perform penetration testing or security scanning without prior written authorization

Misuse:

• Use the Services in any manner that could damage, disable, or impair the Services
• Overburden the Services with excessive requests or traffic
• Use automated tools (bots, scrapers) without authorization
• Resell, sublicense, or provide access to the Services to unauthorized third parties
• Use the Services to store or transmit material that violates third-party rights
• Impersonate any person or entity or misrepresent your affiliation

Medical Practice Violations:

• Use the Services to provide medical services without appropriate licenses
• Store or transmit false or fraudulent medical information
• Use the Services in a manner that violates medical ethics or professional standards
• Violate patient confidentiality or privacy rights

7.3 Compliance with Medical Regulations

You are responsible for ensuring your use of the Services complies with all applicable medical regulations, including:

• Indian Medical Council Act and professional conduct regulations
• Clinical Establishments (Registration and Regulation) Act, 2010
• Telemedicine Practice Guidelines, 2020
• All applicable state medical council regulations
• Drug and cosmetics regulations applicable to your practice

7.4 Monitoring and Enforcement

We reserve the right to:

• Monitor use of the Services for compliance with these Terms
• Investigate suspected violations
• Take appropriate legal action against violators
• Cooperate with law enforcement authorities
• Remove or disable access to content that violates these Terms

7.5 Suspension for Violations

We may immediately suspend or terminate your access to the Services if we reasonably believe you have violated this Acceptable Use Policy or any other provision of these Terms.

8. Third-Party Services and Integrations

8.1 Third-Party Integrations

The Services may integrate with or include access to third-party services, including:

• SMS and communication providers (MSG91)
• Video consultation platforms (Daily.co)
• Payment processing services
• Cloud storage providers (AWS S3)
• Analytics and monitoring tools

Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties. We are not responsible for the availability, accuracy, or functionality of third-party services.

8.2 No Endorsement

Reference to third-party products, services, or organizations does not constitute an endorsement by Clineeq. We make no representations or warranties regarding third-party services.

8.3 Data Sharing with Third Parties

We may share limited data with third-party service providers as necessary to deliver the Services. All such providers are contractually required to maintain the confidentiality and security of your data and to use it only for the purposes we specify.

9. Service Availability and Support

9.1 Service Level

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. The Services are provided on an "as available" basis.

9.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts the Services. We will provide advance notice of scheduled maintenance when reasonably possible.

9.3 Support Services

We provide technical support services as specified in your subscription plan. Support may be provided via email, phone, or in-app messaging during our published support hours.

9.4 Service Modifications

We reserve the right to modify, update, or discontinue features of the Services at any time, with or without notice. We will use reasonable efforts to notify you of material changes that adversely affect your use of the Services.

10. Representations and Warranties

10.1 Mutual Representations

Each party represents and warrants that:

• It has the legal authority to enter into these Terms
• Execution of these Terms does not violate any other agreement or obligation
• It will comply with all applicable laws in performing its obligations

10.2 Your Representations

You represent and warrant that:

• You have obtained all necessary licenses, permits, and registrations to operate your medical practice
• You have the right to use and process all Customer Data in accordance with these Terms
• You have obtained all necessary patient consents for collection, use, and disclosure of patient data
• Your use of the Services complies with all applicable medical and healthcare regulations
• Customer Data does not violate any third-party rights or applicable laws

10.3 Clineeq Representations

We represent and warrant that:

• We will provide the Services in a professional manner consistent with industry standards
• The Services will perform substantially in accordance with our published documentation
• We will comply with applicable data protection laws in processing Customer Data

11. Disclaimers

11.1 Medical Disclaimer

THE SERVICES ARE PRACTICE MANAGEMENT TOOLS ONLY. CLINEEQ DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL DECISIONS AND CLINICAL CARE PROVIDED TO PATIENTS.

We do not:

• Practice medicine or provide healthcare services
• Recommend specific treatments or clinical protocols
• Validate the accuracy or appropriateness of clinical decisions
• Assume any responsibility for patient outcomes

11.2 Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Defects in the Services will be corrected
• The Services are free from viruses or harmful components

11.3 No Guarantee of Regulatory Compliance

While we design the Services to support compliance with applicable regulations, we do not guarantee that use of the Services will ensure your compliance with all applicable laws, including medical practice regulations, data protection laws, or professional standards. You are solely responsible for ensuring your use of the Services complies with all applicable legal and regulatory requirements.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLINEEQ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Business interruption
• Cost of substitute services
• Medical malpractice claims or patient injury
• Regulatory fines or penalties

THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Limitation on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO CLINEEQ IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR RUPEES FIFTY THOUSAND (₹50,000), WHICHEVER IS GREATER.

12.3 Exceptions

The limitations in this Section 12 do not apply to:

• Your payment obligations under these Terms
• Your indemnification obligations
• Liability for death or bodily injury caused by negligence
• Liability for fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

12.4 Basis of the Bargain

You acknowledge that the fees charged by Clineeq reflect this allocation of risk and that the limitations in this Section 12 are an essential basis of the bargain between the parties.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Clineeq, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Customer Data, including any claims that Customer Data infringes third-party rights
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Medical malpractice or patient care claims arising from your medical services
• Any claim that your use of the Services violates any third-party intellectual property rights
• Your failure to obtain necessary patient consents or authorizations
• Unauthorized access to the Services resulting from your failure to maintain account security

13.2 Clineeq Indemnification Obligations

We agree to indemnify, defend, and hold harmless you from and against any third-party claims alleging that the Services, when used in accordance with these Terms, infringe that third party's valid patent, copyright, or trademark rights under Indian law.

13.3 Indemnification Procedures

The indemnified party must:

• Promptly notify the indemnifying party in writing of any claim
• Grant the indemnifying party sole control over the defense and settlement
• Provide reasonable cooperation in the defense at the indemnifying party's expense

The indemnifying party may not settle any claim without the indemnified party's prior written consent if the settlement imposes obligations on or requires admissions by the indemnified party.

14. Confidentiality

14.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes:

• For you: Customer Data, patient information, business operations, and financial information
• For Clineeq: Non-public technical information, pricing, product roadmaps, and business strategies

14.2 Confidentiality Obligations

The Receiving Party agrees to:

• Maintain Confidential Information in strict confidence
• Use Confidential Information only for purposes of these Terms
• Not disclose Confidential Information to third parties except as permitted by these Terms
• Protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care

14.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the Receiving Party
• Was rightfully known to the Receiving Party prior to disclosure
• Is independently developed by the Receiving Party without use of Confidential Information
• Is rightfully received from a third party without confidentiality obligations

14.4 Return of Confidential Information

Upon termination or at the Disclosing Party's request, the Receiving Party will return or destroy all Confidential Information, except where retention is required by law or necessary for archival backup purposes.

15. Term and Termination

15.1 Term

These Terms commence when you first access the Services and continue until terminated in accordance with this Section 15.

15.2 Subscription Term

Your subscription continues for the term specified in your subscription plan (monthly, annual, etc.) and automatically renews for successive renewal terms unless either party provides notice of non-renewal at least thirty (30) days before the end of the current term.

15.3 Termination for Convenience

You may terminate your subscription at any time by providing thirty (30) days' written notice. Termination will be effective at the end of your then-current billing period. You will not receive a refund for any fees already paid.

We may terminate your subscription for convenience upon ninety (90) days' written notice.

15.4 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party:

• Materially breaches these Terms and fails to cure within thirty (30) days after written notice
• Becomes insolvent, files for bankruptcy, or ceases business operations
• Engages in fraudulent or illegal activities

We may suspend or terminate your access immediately without notice if:

• You violate the Acceptable Use Policy
• Your account poses a security risk
• You fail to pay fees when due (after 5 days' notice)
• We are required to do so by law or regulatory authority

15.5 Effect of Termination

Upon termination:

Immediate Effects:

• Your right to access and use the Services terminates immediately
• All outstanding fees become immediately due and payable
• Each party must return or destroy the other party's Confidential Information

Data Retrieval:

• For thirty (30) days after termination, you may request export of Customer Data in a standard format
• After thirty (30) days, we may delete all Customer Data unless legally required to retain it
• We will not provide data retrieval after the 30-day period

15.6 No Refunds

Except as expressly provided in these Terms or required by law, all fees are non-refundable, including upon termination. You will not receive a refund or credit for partial months or years of service, unused features, or if you or we terminate your subscription.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The following Indian statutes apply to these Terms and your use of the Services:

• Indian Contract Act, 1872
• Information Technology Act, 2000 and amendments
• Consumer Protection Act, 2019 (where applicable)
• All applicable data protection regulations

16.2 Jurisdiction

Subject to the arbitration provisions below, the courts of Bangalore, Karnataka, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Services.

16.3 Dispute Resolution Process

Step 1: Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations. Either party may initiate negotiations by providing written notice describing the dispute.

Step 2: Mediation

If negotiations fail to resolve the dispute within thirty (30) days, the parties agree to attempt mediation through a mutually agreed mediator in Bangalore, India. Each party shall bear its own costs and split the mediator's fees equally.

Step 3: Arbitration

If mediation does not resolve the dispute within sixty (60) days, either party may initiate binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.

16.4 Arbitration Terms

Arbitration shall be conducted under the following terms:

• Number of Arbitrators: One (1) arbitrator mutually agreed upon by the parties, or failing agreement, appointed in accordance with the Arbitration and Conciliation Act
• Seat of Arbitration: Bangalore, Karnataka, India
• Language: English
• Rules: Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996
• Governing Law: The arbitrator shall apply Indian substantive law
• Confidentiality: All arbitration proceedings shall be confidential

The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

16.5 Exception for Injunctive Relief

Notwithstanding the above, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights or confidential information.

17. General Provisions

17.1 Amendments to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notification to your registered email address
• Displaying a notice when you log into the Services

Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the Services.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and any subscription plan or order form, constitute the entire agreement between you and Clineeq regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

17.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

17.4 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

17.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights or obligations hereunder to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, upon notice to you. Any attempted assignment in violation of this Section is void.

17.6 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations (except payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, natural disasters, labor disputes, government actions, pandemics, or internet/telecommunications failures.

17.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship between the parties.

17.8 Notices

All notices under these Terms must be in writing and delivered to:

For Clineeq:
Suvera Healthcare Technologies
Email: legal@clineeq.in

For You:
To the email address and physical address associated with your account.

Notices are deemed delivered:

• If by email: upon transmission
• If by courier: upon receipt or three (3) business days after sending, whichever is earlier
• If by registered post: seven (7) business days after posting

17.9 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

Clineeq by Suvera Healthcare Technologies

• Email: support@clineeq.in
• Legal: legal@clineeq.in
• Website: https://clineeq.in

Grievance Officer (pursuant to Information Technology Act, 2000):
Email: grievance@clineeq.in

Acknowledgment: By accessing or using the Clineeq Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

19. Cancellation and Refunds

19.1 Cancellation by Subscriber

You may cancel your subscription at any time through the following methods:

• Via Dashboard: Navigate to Settings > Subscription > Cancel Subscription within your Clineeq dashboard
• Via Email: Send a written cancellation request to support@clineeq.in from your registered email address
• Via Written Notice: Submit a cancellation request in writing to the address specified in Section 18

Upon cancellation, your subscription will remain active until the end of your current billing period. You will retain full access to the Services during this period. Automatic renewal will be disabled, and no further charges will be made after the current billing period ends.

19.2 General Refund Policy

As stated in Section 4.2, subscription fees are generally non-refundable. This policy reflects the nature of software-as-a-service products, where access to the Services is provided immediately upon subscription activation and the underlying costs of infrastructure, support, and development are incurred regardless of usage levels.

In accordance with the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020, you acknowledge that:

• The Services are digital in nature and access is provided immediately upon subscription activation
• Once access to the Services has been provided, the service delivery has commenced and is considered complete
• The non-refundable nature of subscription fees is clearly disclosed before purchase

19.3 Trial Period Refunds

If Clineeq offers a free trial period for the Services:

• You may cancel at any time during the trial period without charge
• No refund is applicable for trial periods as no payment is collected
• If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan and you will be charged as per your selected subscription plan
• Charges made after trial conversion are subject to the general refund policy stated herein

19.4 Prepaid Subscriptions (Quarterly and Annual)

For subscribers who have prepaid for quarterly or annual subscription plans:

• Cancellation Mid-Term: If you cancel a prepaid subscription before the end of the subscription term, you will retain access to the Services for the remainder of the prepaid period. No prorated refunds will be provided for the unused portion of the subscription term.
• Downgrade Requests: If you wish to downgrade to a lower-tier plan, the change will take effect at the start of your next billing cycle. No refunds or credits will be issued for the difference in plan pricing.
• Early Termination by Clineeq: If Clineeq terminates your subscription for convenience (as per Section 15.3), you will receive a prorated refund for the unused portion of any prepaid subscription fees from the date of termination.

19.5 Exceptions to Non-Refundable Policy

Notwithstanding the general non-refundable policy, refunds may be considered in the following limited circumstances:

• Service Non-Delivery: If we fail to activate your subscription or provide access to the Services within a reasonable time (typically 24 hours) after receiving payment confirmation, you may request a full refund
• Material Deficiency: If the Services are materially deficient or substantially fail to perform as described, and we are unable to rectify the issue within thirty (30) days of your written complaint, a refund may be considered at our discretion
• Duplicate Charges: If you are charged multiple times for the same subscription period due to a billing error, we will refund the duplicate charges
• Unauthorized Charges: If charges are made without your authorization, subject to verification and compliance with our fraud investigation procedures
• Legal Requirement: Where applicable consumer protection laws, including the Consumer Protection Act, 2019, mandate a refund

19.6 Refund Process

If a refund is approved under the exceptions stated above:

• Refunds will be processed within fourteen (14) business days of approval
• Refunds will be credited to the original payment method used for the subscription (credit card, debit card, UPI, or net banking account)
• The time for the refund to appear in your account depends on your payment provider and may take an additional five (5) to ten (10) business days
• Any applicable taxes paid will also be refunded proportionately
• We may require reasonable documentation to process refund requests, including proof of payment and description of the issue

19.7 Partial Billing Cycles

Clineeq does not provide partial refunds or credits for unused days within a billing cycle. This applies to:

• Cancellations made mid-billing cycle (you retain access until the billing period ends)
• Subscription downgrades
• Termination for cause by either party (subject to the provisions in Section 15)

19.8 Effect of Cancellation on Data

Upon cancellation, please refer to Section 15.5 regarding data retrieval and retention periods. We strongly recommend exporting your Customer Data before your subscription ends.

19.9 Consumer Rights

Nothing in this Section 19 shall limit or exclude any rights you may have under the Consumer Protection Act, 2019, or other applicable consumer protection laws that cannot be lawfully limited or excluded. If any provision of this cancellation and refund policy conflicts with mandatory consumer protection provisions, the consumer protection provisions shall prevail.

19.10 Grievance Redressal

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, if you have a complaint regarding cancellation or refund matters:

• Contact our customer support at support@clineeq.in
• We will acknowledge your complaint within forty-eight (48) hours of receipt
• We will endeavor to resolve your complaint within thirty (30) days from the date of receipt
• If you are not satisfied with the resolution, you may escalate the matter to our Grievance Officer at grievance@clineeq.in or seek recourse through the consumer forums established under the Consumer Protection Act, 2019

20. Shipping and Delivery

20.1 Digital Service - No Physical Shipping

Clineeq is a software-as-a-service (SaaS) platform delivered entirely through digital means. We do not manufacture, sell, or ship any physical products.

All features and functionalities of the Services are accessed via web browsers through your designated subdomain (e.g., yourpractice.clineeq.in) or custom domain. No physical goods, installation media, hardware, or tangible materials are dispatched to Subscribers as part of the subscription.

20.2 Digital Delivery and Service Activation

The "delivery" of Clineeq Services constitutes the activation of your subscription account and the provision of access credentials. Digital delivery occurs as follows:

• Account Provisioning: Upon successful registration and payment confirmation, your practice account is provisioned on our cloud infrastructure
• Subdomain Activation: Your dedicated subdomain (e.g., yourpractice.clineeq.in) is configured and made accessible
• Access Credentials: Login credentials and account access information are delivered to your registered email address
• Service Availability: All subscribed features and functionalities are made available through the web platform

20.3 Delivery Timeline

Delivery of the Services is typically instantaneous or completed within the following timeframes:

• Standard Activation: Within two (2) hours of successful payment confirmation for standard subscription plans
• Custom Domain Setup: If you opt for a custom domain, DNS propagation may require up to forty-eight (48) hours, though the Services remain accessible via your clineeq.in subdomain during this period
• Enterprise Onboarding: For enterprise plans requiring custom configuration or data migration, delivery timelines will be specified in your service agreement or order form

20.4 Confirmation of Delivery

Delivery of the Services is deemed complete and confirmed when:

• Your subscription account is activated on our platform
• Access credentials have been sent to your registered email address
• You are able to successfully log in to your practice dashboard
• The core features of your subscribed plan are accessible and functional

Upon successful delivery, you will receive a welcome email containing login instructions, documentation links, and support contact information.

20.5 Delivery Failures

In the event of a delivery failure or delayed activation:

• Contact our support team immediately at support@clineeq.in
• We will investigate and resolve activation issues within twenty-four (24) hours of notification
• If we are unable to activate your subscription within seventy-two (72) hours of payment confirmation due to reasons attributable to Clineeq, you may request a full refund as per Section 19.5
• Delays caused by factors beyond our control (including incorrect information provided by you, email delivery issues, or your inability to access the internet) do not constitute delivery failure

20.6 Service Access Requirements

To access the delivered Services, you must ensure:

• A stable internet connection with adequate bandwidth
• A compatible web browser (current versions of Chrome, Firefox, Safari, or Edge)
• Valid email access to receive activation and notification messages
• Compliance with any technical requirements specified in our documentation

Clineeq is not responsible for your inability to access the Services due to inadequate technical infrastructure on your end.

20.7 Continuous Digital Delivery

As a SaaS platform, the Services are continuously delivered throughout your subscription term. This continuous delivery includes:

• Ongoing access to the platform and all subscribed features
• Regular software updates, enhancements, and security patches
• Access to new features as they are released (subject to your subscription tier)
• Technical support and customer service
• Data storage and backup services

20.8 Compliance with E-Commerce Regulations

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, and related guidelines issued under the Information Technology Act, 2000, we confirm that:

• All information regarding the Services, including features, pricing, and subscription terms, is clearly displayed before purchase
• The nature of the Services as a digital product with immediate delivery is disclosed prior to subscription
• Acknowledgment of digital delivery is obtained through your acceptance of these Terms
• Electronic records of transactions and delivery confirmations are maintained as required by applicable law
• Our grievance redressal mechanism is available to address any delivery-related concerns

20.9 No Physical Returns

As the Services are delivered digitally and no physical products are shipped, traditional return shipping policies do not apply. For matters relating to service cancellation or discontinuation, please refer to Section 15 (Term and Termination) and Section 19 (Cancellation and Refunds).