These Terms of Service (“TOS”) applies to the access and use of all of our web (https://diax.ai, https://diabrainai.com), mobile based (Diary app on Google Playstore and Apple Appstore) and device based applications, collectively called "Digital Products" or "Applications" and use of our products and services provided through them (“Services”), all owned, managed, and operated by DiabWellness Private Limited having its registered office at 9, Ramasami Kovil West Street, Kumbakonam - 612001, Tamil Nadu (hereinafter referred as “us”/ “we”/ “DiabWellness”/"Diax"/"Diary"/"Diabrainai"/ “Company”). These TOS govern the use of the Services by you, the registered medical practitioners, having valid credentials and having registered with the Medical Council of India or any successor organisation as may be notified in the future (“Doctors”), your staff (“Staff”), and the patients and end users who are using the Applications (“Patients”). Patients, Staff and Doctors are jointly referred to as “Users” or “you”. By accessing or using the Applications, registering for Services offered on these Applications, or by accepting, uploading, submitting or downloading any information or content from or to the Applications, you shall have agreed to these TOS.
Your use of the Applications is subject to these TOS, which may be updated, amended, modified or revised by us from time to time without any notice to you. It is important for you to refer to these TOS from time to time to make sure that you are aware of any additions, revisions, amendments or modifications that we may have made to these TOS. Your use of the Applications and engagement with us constitutes your acceptance of these TOS. Your use of the Services herein is under a limited, non-transferable, non-licensable, non-assignable licence to use the Services granted by DiabWellness only for the purposes mentioned herein.
The Services are designed to assist the Doctors to store, obtain and review health information of the Patients who visit their clinics or hospitals. The Doctor can review the health information such as the Patient’s vitals, medical reports, medical records, medical images, etc. (“Data”) and provide feedback, advice and suggestion or any other information that may be relevant to the Patient. The Services are designed to allow the Doctors to seamlessly access their Patient Data via the Applications and use the Data to provide healthcare services to the Patients. We endeavour to provide a functional and convenient Service through our Applications, but we do not guarantee that your web browser, or mobile device or any other device used will be compatible with the Services or that the Services will be available uninterrupted or that any content will be error free. DiabWellness is not responsible for any interruption in Services or availability of Services due to, but not limited to, changes or updates in individual clinic’s practice, network failure, or any other technical incident. DiabWellness reserves the right, at its sole discretion, to modify or replace all or any part of the TOS (including, without limitation, pricing and payment terms), or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Applications or by informing you through any other modes of communication. It is your responsibility to check the TOS periodically for changes. Your continued use of the Services following the posting of any changes to the TOS constitutes acceptance of those changes.
The Applications may collect and store demographic, financial, health records and any other type of information that you may provide. This information is collected, stored and processed as per our privacy policy published, for such use using our Applications. The Doctors represent and warrant that they have taken the appropriate consent from Patients before storing, or sharing with any third parties, any of the Patients’ information including but not limited to personally identifiable information, health records, demographic information and financial information etc.
The Patients, by accessing the Applications, consent and agree that the Applications may store their personal information including but not limited to contact information, demographic data, health records and medical history etc. The Applications may use this information for purposes as per our privacy policy published by us.
As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. You shall be responsible for keeping your credentials in safe custody. DiabWellness will not be responsible or liable for any losses or claims arising out of misuse of Services accessed with your credentials. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. Doctors represent and warrant that they are licensed medical practitioners registered with the Medical Council of India (MCI) and there are no legal or regulatory impediments which prevent you from practising medicine in India.
Through your use of the Applications, you shall have access to sensitive and valuable Data of the Users which may include medical records, medical information, personal information or any other information as may be required. Additionally, Doctors and their Staff agree to treat as confidential all Data that they have been provided access to, and that they shall make their best efforts to maintain the confidentiality of such Data. Doctors and their Staff should be aware of the Patient confidentiality requirements, data storage requirements and observe all caution and the applicable duty of care in provision of services under these TOS. The Data, provided by the Patient or entered by the Doctor or the Staff. The Applications present the Patient Data to the Doctors in an As-Is manner and the Applications do not make any warranties, representations, etc. on the accuracy and correctness of the Data.
Doctors and Staff agree that they shall not
Note: In case of breach of this provision, all parties including but not limited to Users shall be liable to pay Company a pre-agreed liquidated damages amount to INR 1,00,00,000 (One crore only).
The Company shall not share the Data with other doctors or clinics or hospitals. In other words, the Company shall not engage in any activity that can be construed as “poaching of patients”. DiabWellness will store the Data on a secure cloud infrastructure and/or third-party servers chosen by DiabWellness or built by DiabWellness. DiabWellness is committed to protecting the identity of the Users. The following security procedures have been put in place by us to protect Data:
If you activate premium features or subscriptions via the mobile configurations of the Diary application, transactions are processed and managed by third-party app distribution networks, including Apple Inc. (App Store) or Google LLC (Google Play Store).
For subscriptions managed via native mobile stores, cancellations and refund queries must be submitted directly through your respective Apple ID or Google Play account frameworks. The Company holds no direct administrative jurisdiction to issue financial refunds for payments handled directly by Apple or Google. Recurring subscriptions processed via native mobile stores will auto-renew unless deactivated within your respective Apple or Google account configurations at least 24 hours prior to the close of the active billing cycle.
5.1 For the purposes of this Agreement, "De-Identified Data" refers to health-related information that has been processed to remove any personal identifiers or other information that could reasonably identify an individual. This includes the removal or alteration of direct identifiers (e.g., names, addresses, and medical record numbers) as well as indirect identifiers (e.g., dates of birth, and other data points that could potentially be used, in combination with other data, to re-identify an individual).
5.2 De-Identified Data is no longer considered Protected Health Information (PHI) under applicable privacy regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), and is thus excluded from certain legal protections related to PHI. The data is anonymized in such a way that it cannot reasonably be re-identified, either alone or in combination with other available information.
5.3 The Company may use, share, or analyse De-Identified Data for purposes including, but not limited to, research, analytics, product development, and other business operations without the need for patient consent.
6.1. Ownership of personal data: Users retain ownership of any personal data provided to Company in connection with our services subject to the rights and permissions you grant us under this TOS.
6.2. Ownership of De-Identified Data: Company owns all rights, title, and interest in and to any data that has been De-identified or aggregated, as defined under applicable laws (e.g., HIPAA, GDPR).
You agree to receive communications through emails, telephone, mobile phone and/or SMS, from DiabWellness or its third-party vendors or business partners or third-party service providers regarding the services or services updates, transactional and/or promotional emails and/or any announcements. In this context and regard, you agree and provide your consent to receive all communications at the mobile number provided to DiabWellness, even if this mobile number is registered under DND/NCPR list under Telecom Regulatory Authority of India (TRAI) laws, rules and regulations. And for that purpose, you further authorise DiabWellness to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorised agents or third-party service providers. You also agree that in accordance with the applicable TRAI laws, rules and regulations specifically The Telecom Commercial Communications Customer Regulations, 2014:
DiabWellness will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
DiabWellness may terminate your access to all or any part of the Applications or Services at any time if you fail to comply with these TOS. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to provide services through the Applications. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. In the event of discontinuation of services, DiabWellness, at its discretion, will make reasonable efforts to help you take a backup of your Data in a suitable electronic format.
The Applications (including, without limitation, any content) are provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. DiabWellness and its directors, employees, agents, suppliers, sponsors and partners do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. your use of the service is solely at your own risk.
Upon utilizing the in-app account deletion workflow within Diary, your consumer account access will be terminated. You explicitly acknowledge and agree that this action does not authorize or compel the Company to delete, erase, or alter historical digital prescriptions or medical notes delivered through our EMR integrations. These records are preserved exclusively for statutory clinical compliance, professional audit defense for healthcare practitioners, and public health safeguards in accordance with the laws of the Republic of India.
You shall defend, indemnify, and hold harmless DiabWellness, its affiliates/subsidiaries/JV partners and each of its, and its affiliates/subsidiaries/JV partners employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Applications or Services, or (ii) your violation of the TOS or any applicable law, contract, policy, regulation or other obligation. DiabWellness reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with DiabWellness in connection therewith.
To the fullest extent permitted by law, in no event shall DiabWellness (nor its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (1) for any lost profits, data loss, loss of goodwill or opportunity, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or substitute goods or services, (2) for any direct damages in excess (in the aggregate) of the fees paid by you for the service in the three (3) months preceding the applicable claim or (4) for any matter beyond its or their reasonable control, even if DiabWellness has been advised of the possibility of any of the aforementioned damages.
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Kumbakonam, Thanjavur District, India and you hereby accede to and accept the jurisdiction of such courts.
The TOS are the entire agreement between you and DiabWellness with respect to the use of Applications or the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Applications with respect to the use of Applications or the Services provided. If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The TOS are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. DiabWellness may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the TOS and neither party has any authority of any kind to bind the other in any respect. All notices under the TOS will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
"Our application is an integrated Electronic Medical Record (EMR) platform for healthcare in India. When a user requests deletion, all consumer account credentials, profiles, and interface data are permanently deleted to satisfy App Store rules. However, in accordance with local Indian statutory healthcare laws, official doctor-issued prescriptions are retained securely in an archived, non-user-accessible state for the mandatory legal medical retention period."