Terms and Conditions

1. Definitions

"Company", "We", "Us", "Our": Refers to Nilkanth Medico Private Limited, an incorporated company having its registered office in Surat, Gujarat, India.

"Client", "Subscriber", "You": Refers to the hospital, nursing home, medical college, healthcare organization, clinic, diagnostic centre, pharmacy, doctor, or authorized representative purchasing, licensing, or using our Software.

"Software" / "Platform": Refers to all computer programs, web applications, cloud portals, mobile apps, database schemas, APIs, user manuals, and updates branded as Nilkanth Medico or Nilkanth HMS.

"Authorized Users": Means healthcare personnel, consultants, duty doctors, nursing staff, administrative employees, receptionists, lab technicians, and pharmacists authorized by the Client to use the Software.

"Patient Data": Any clinical notes, diagnostic reports, pathology findings, electronic prescriptions, insurance/TPA records, demographic details, or billing information generated or uploaded within the platform.

"ABDM": Ayushman Bharat Digital Mission, governed by the National Health Authority (NHA), Government of India.

2. Scope of Services & License Grant

Subject to your compliance with these Terms and payment of applicable subscription or license fees, Nilkanth Medico Private Limited grants you a non-exclusive, non-transferable, revocable, and limited license to access and operate the Software solely for your internal healthcare operations.

Permitted Uses:

• Managing patient registrations, appointments, token queues, and OPD check-ins.
• Documenting clinical history, vitals, prescriptions, EMR/EHR charts, and discharge summaries.
• Recording IPD bed allocations, nurse charts, ICU monitors, and Operation Theatre (OT) rosters.
• Operating in-house hospital pharmacy billing, batch management, expiry tracking, and drug inventories.
• Interfacing pathology and radiology diagnostic lab equipment for automated result imports.
• Generating hospital invoices, GST receipts, corporate tariffs, and TPA cashless claims.
• Dispatching automated appointment alerts, lab reports, and payment invoices via authorized WhatsApp or SMS gateways.

3. Account Management & Role-Based Access

The Client is responsible for establishing and maintaining appropriate administrative oversight over all user accounts created under their subscription:

• Credential Confidentiality: Authorized Users must maintain the confidentiality of their usernames, passwords, and MFA tokens. Sharing individual doctor or staff logins is strictly discouraged.
• Role-Based Access Control (RBAC): The Client administrator must configure granular permission levels ensuring personnel only access modules pertinent to their specific job functions (e.g., restricting financial ledgers to accounts staff).
• Audit Logging: The Software automatically logs user actions, clinical updates, bill modifications, and patient discharges for institutional audit trails and security monitoring.
• Notification of Breach: The Client must notify Nilkanth Medico Private Limited immediately upon discovering any unauthorized access, compromised login credentials, or suspected security vulnerability.

4. Medical & Clinical Practice Disclaimer

CRITICAL CLINICAL NOTICE: Nilkanth Medico Private Limited is a healthcare technology and software solutions provider. We are not a healthcare provider, hospital, or licensed medical practitioner.

• The Software, including its prescription templates, drug dosage suggestions, ICD-10 codings, and clinical calculators, serves solely as a digital workflow and administrative aid.
• The Software does not evaluate patient medical conditions, prescribe medications, or formulate medical treatment plans.
• All diagnostic interpretations, drug selections, dosage determinations, surgical timings, and clinical handovers remain the exclusive professional legal responsibility of the treating physicians, surgeons, and healthcare professionals.
• Nilkanth Medico Private Limited expressly disclaims all liability for any adverse medical events, treatment delays, misdiagnoses, or clinical errors arising from the acts or omissions of the Client or its healthcare personnel.

5. Data Ownership, Privacy & ABDM Compliance

We recognize that medical data is among the most sensitive categories of information. Our policies are anchored in strict confidentiality and data integrity principles:

• Client Data Ownership: The Client retains 100% exclusive ownership, title, and intellectual rights over all Patient Data, hospital financial records, and institutional databases entered into the Software.
• Company as Data Processor: Nilkanth Medico Private Limited acts strictly as a technology partner and data processor on behalf of the Client, processing data solely to deliver the agreed software capabilities.
• No Data Monetization: We do not sell, rent, lease, or commercially exploit patient personal or medical records under any circumstances.
• Ayushman Bharat Digital Mission (ABDM): Where ABDM modules are activated, data exchange occurs in strict conformance with Government of India NHA protocols (including ABHA creation, patient consent managers, and encrypted Health Information Provider/User workflows).
• Data Backup & Disaster Recovery: For cloud-hosted deployments, regular encrypted automated backups are maintained. For on-premises server deployments, the Client is primarily responsible for maintaining physical server backups and hardware infrastructure.

6. Intellectual Property & Restrictions

All rights, titles, and interests in the Software—including source code, algorithms, UI/UX designs, database architectures, graphics, documentation, trademarks, logos, and patents—belong exclusively to Nilkanth Medico Private Limited.

You expressly agree that you will NOT:

• Decompile, reverse engineer, disassemble, or attempt to derive the underlying source code of the Software.
• Rent, lease, sublicense, resell, redistribute, white-label, or commercially distribute the Software to third parties without prior written consent.
• Modify, alter, or create derivative works based upon the Software.
• Remove, obscure, or alter any copyright, trademark, or proprietary rights notices displayed in the Software or accompanying materials.
• Use the Software to build a competing product, service, or benchmark analysis.
• Circumvent or disable any license keys, hardware dongles, or security mechanisms integrated into the Software.

7. Fees, Subscriptions & Billing Terms

• Pricing & Invoicing: Fees are based on the selected subscription package, licensed bed capacity, active doctor counters, or module add-ons agreed upon in your commercial quotation or service agreement.
• Taxes: All quoted prices are exclusive of applicable Goods and Services Tax (GST) or other statutory levies, which shall be billed additionally at prevailing government rates.
• Payment Due Dates: Invoices are payable within the timeframe stipulated in the commercial invoice. Ongoing cloud subscriptions and annual maintenance contracts (AMC) require advance payment prior to each renewal term.
• Overdue Accounts: Failure to settle invoices by the due date may result in a formal notice period followed by temporary service suspension until all outstanding dues are cleared.
• Refund Policy: Setup, data migration, and software licensing fees are non-refundable once installation, custom configuration, or deployment has commenced, except as required by mandatory consumer protection law.

8. Implementation, Support & Maintenance

Nilkanth Medico Private Limited provides comprehensive technical assistance to ensure uninterrupted hospital operations:

• Customer Support Hours: Technical support is available via phone (+91 78780 72598), ticketing, and email Monday through Saturday, with emergency on-call support for critical hospital inpatient/billing outages.
• Software Upgrades: Subscribers with an active AMC or cloud subscription receive regular bug fixes, statutory GST/ABDM updates, and feature enhancements.
• Hardware & Network Environment: The Client is responsible for providing compatible local client machines, barcode scanners, receipt printers, local area networks (LAN), and stable internet connections meeting the minimum specifications required by the Software.

9. Third-Party Integrations & Add-ons

Our Software may interface with external services including WhatsApp Business API, transactional SMS gateways, online payment gateways, cloud hosting providers, and medical laboratory analyzers.

• These third-party platforms operate under their independent terms of service, pricing, and availability policies.
• Nilkanth Medico is not liable for message deliverability failures, gateway downtimes, or fee changes imposed directly by third-party communication or payment providers.

10. Limitation of Liability & Indemnity

• Maximum Liability: To the maximum extent permitted by applicable law, the total aggregate liability of Nilkanth Medico Private Limited for any claim, breach, or damage arising out of or relating to the Software or services, whether in contract, tort, or otherwise, shall be strictly limited to the total fees paid by the Client to the Company during the twelve (12) months immediately preceding the claim.
• Exclusion of Consequential Damages: In no event shall Nilkanth Medico Private Limited or its directors, officers, or employees be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of hospital profits, business interruption, loss of clinical data due to local hardware failures, or patient goodwill.
• Client Indemnification: The Client agrees to defend, indemnify, and hold harmless Nilkanth Medico Private Limited from and against any claims, losses, or legal liabilities arising from clinical malpractice, unauthorized patient data disclosure caused by Client personnel, or unlawful use of the Software.

11. Term, Suspension & Termination

• Term: These Terms remain in effect for the entire duration of the active license, subscription, or AMC agreement.
• Termination for Cause: Either party may terminate the agreement upon thirty (30) days written notice if the other party materially breaches these Terms and fails to cure such breach within the notice period.
• Post-Termination Data Retrieval: Upon termination, Nilkanth Medico will provide the Client a reasonable opportunity (up to 30 days) to export their patient databases and billing records in standard electronic formats (e.g., CSV, SQL, or Excel) prior to systematic data purging from cloud staging environments.

12. Governing Law & Jurisdiction

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the competent courts located in Surat, Gujarat, India.

13. Contact & Grievance Redressal

If you have questions, inquiries, or grievance concerns regarding these Terms and Conditions or your software license, please reach out to us: