Terms & Conditions

Acceptance & Formation

By registering for, accessing, or using the HealthCircles Platform in any manner, including by submitting the lead-capture form, creating an account, or making a payment, you signify that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, and the Cancellation & Refund Policy, each of which is incorporated by reference. If you do not agree, you must not access or use the Platform.

These Terms constitute an “electronic record” within the meaning of the Information Technology Act, 2000 and are published in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Terms do not require any physical, electronic, or digital signature and are enforceable in accordance with the provisions of the Indian Contract Act, 1872 and the Information Technology Act, 2000.

Definitions

In these Terms, unless the context otherwise requires:

• “Platform” means the HealthCircles website, mobile applications, AI Voice EMR, and all allied services offered by Arivara from time to time.
• “Doctor” means a registered medical practitioner holding a valid registration with the National Medical Commission or a State Medical Council, who has subscribed to the Platform.
• “Patient” means an individual who receives clinical services from a Doctor and whose data may be processed by the Doctor through the Platform.
• “Content” means any text, image, audio, video, prescription, clinical note, or other material uploaded, generated, or transmitted through the Platform.
• “Subscription Fees” means the fees payable by a Doctor for access to the Platform, as more particularly described in Section 7.

Eligibility & Registration

Only the following persons may register as Doctor users on the Platform:

• A natural person who is at least eighteen (18) years of age and competent to enter into a contract under the Indian Contract Act, 1872;
• Who holds a valid, unsuspended, and current registration with the National Medical Commission or an applicable State Medical Council in India;
• Who is not the subject of any pending or subsisting disciplinary proceedings or professional-misconduct order that materially affects fitness to practice; and
• Whose registration is not restricted, cancelled, or suspended.

You represent and warrant that all information furnished at the time of registration is true, accurate, complete, and current, and that you will update the same promptly if it changes. Arivara reserves the right, at its sole discretion, to verify Doctor credentials and to suspend or terminate accounts where credentials cannot be verified or are found to be inaccurate.

Nature of Service — Technology Facilitator Only

Without prejudice to the foregoing:

• Arivara is not a hospital, clinic, nursing home, diagnostic centre, or clinical establishment within the meaning of the Clinical Establishments (Registration and Regulation) Act, 2010 or any state-level enactment;
• Arivara does not employ any Doctor. Doctors independently determine clinical management, prescription, fees, referrals, and follow-up;
• Arivara does not verify, warrant, or guarantee the professional qualifications, credentials, competence, opinions, prescriptions, or outcomes of any Doctor beyond routine registration-verification procedures;
• All decisions relating to diagnosis, treatment, prescription, referral, and continuity of care are the sole responsibility of the treating Doctor, who bears exclusive professional and legal responsibility for such decisions;
• Arivara qualifies as an “intermediary” within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 in respect of third-party content transmitted, stored, or hosted on the Platform, and is entitled to the safe-harbour protections available under Section 79 thereof;
• The Platform is not intended for and must not be used in emergency, life-threatening, or time-critical medical situations. In such situations, Patients must contact the nearest emergency medical service.

Doctor’s Professional Obligations

Every Doctor using the Platform undertakes to at all times:

• Practice within the scope of their medical registration, qualifications, and competence;
• Comply with the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and any successor regulations issued by the National Medical Commission, including regulations relating to advertising, self-promotion, prescriptions, referrals, and fee-splitting;
• Maintain patient confidentiality in accordance with law, ethical obligations, and this Agreement;
• Obtain valid informed consent from Patients (including for teleconsultation and for the recording of consultations, where applicable) in accordance with the Telemedicine Practice Guidelines, 2020;
• Comply with the Drugs and Cosmetics Act, 1940 and rules thereunder in the issuance of prescriptions, in particular in respect of Schedule H, H1, and X drugs;
• Maintain clinical records for the retention periods prescribed by law;
• Refrain from any act or omission that would constitute professional misconduct.

The Doctor acknowledges that any breach of the foregoing may result in immediate suspension or termination of access to the Platform, without prejudice to any other rights or remedies available to Arivara.

Telemedicine Compliance

Where a Doctor conducts teleconsultations through the Platform, the Doctor undertakes to comply strictly with the Telemedicine Practice Guidelines, 2020, including:

• Verifying the identity of the Patient at the outset of each consultation;
• Confirming and recording the mode of consultation (video, audio, or text) and the reason for consultation;
• Obtaining and recording explicit or implied Patient consent for the teleconsultation, as prescribed;
• Prescribing medicines only within the categories permitted for the mode of consultation used;
• Undertaking mandatory training in telemedicine (once notified as compulsory);
• Maintaining complete records of each teleconsultation, including prescriptions, for the periods prescribed by law.

Arivara provides the technological environment for such consultations but does not itself perform the consultation, verify medical suitability, or determine clinical appropriateness.

Founder Doctor & Subscription Plans

Arivara currently offers the following Subscription Plans, which may be revised from time to time:

• Monthly Plan: INR 1,500 per month, exclusive of applicable taxes, providing access to the AI Voice EMR and included usage credits (as specified on the Platform) with the ability to top up as required.
• Founder Doctor 10-Year Access: INR 30,000 as a one-time payment, exclusive of applicable taxes, providing access to the core AI Voice EMR for a period of ten (10) years from the date of activation, together with such additional benefits as are described on the pricing page from time to time. The Founder Doctor Plan is limited to the first one hundred (100) qualifying Doctors, and Arivara reserves the right to close enrolment at any time.

The precise scope of features, credits, and included usage under each Plan is as published on the Platform at the time of subscription. Arivara reserves the right to modify Plan features prospectively, subject to reasonable prior notice for material changes.

Payments, Fees & Taxes

Subscription Fees are payable in advance via authorised payment methods offered on the Platform. All Fees are quoted in Indian Rupees and are exclusive of Goods and Services Tax (“GST”) and any other applicable indirect taxes, which shall be additional and payable by the Doctor at the rate applicable at the time of invoicing.

Third-party payment gateways may impose their own terms, conditions, and processing charges. Arivara is not responsible for delays, failures, or errors on the part of any third-party payment gateway or banking channel. In the event of payment failure, access to the Platform may be restricted until Fees are received in cleared funds.

Refunds, where applicable, shall be governed by the Cancellation & Refund Policy.

AI Voice EMR & AI-Assisted Features

The AI Voice EMR is a documentation-assistance tool that transcribes consultations and produces suggested structured clinical notes and summaries. It is provided “as an aid” only.

• The AI Voice EMR is not a medical device, has not been evaluated or approved by the Central Drugs Standard Control Organization (CDSCO) or any equivalent authority as a medical device, and does not provide diagnosis, prescription, or clinical advice;
• AI output may contain errors, omissions, or inaccuracies. Every AI-generated note, summary, or prescription must be reviewed, corrected as necessary, and expressly finalised by the treating Doctor before it is issued, transmitted, or acted upon;
• Arivara accepts no responsibility for any diagnosis made, treatment prescribed, or decision taken on the basis of AI-generated output. Sole professional and legal responsibility rests with the treating Doctor;
• The Platform must not be used to obtain medical advice or emergency care.

Referrals & Care Circles

The Platform may facilitate referrals between Doctors and participation in structured care programmes (“Care Circles”). Every referral must be clinically appropriate and based on the referring Doctor’s independent professional judgement. No Doctor shall make a referral in exchange for, or in expectation of, any commission, kickback, fee-split, or other consideration, whether monetary or otherwise, in violation of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 or any successor regulations.

Any participation-based revenue offered by Arivara in respect of Care Circle enrolment or care-plan management is consideration for the Doctor’s professional clinical services rendered to enrolled Patients and is not consideration for referral of Patients.

User-Generated Content

Doctors may upload, publish, or make available Content on the Platform, including educational videos, patient-education material, and thought-leadership posts (“Doctor Content”). Doctor Content remains the intellectual property of the contributing Doctor. By posting Doctor Content, the Doctor grants Arivara a non-exclusive, worldwide, royalty-free, sub-licensable, transferable licence to host, store, reproduce, adapt, translate, publish, publicly display, publicly perform, and distribute the Doctor Content on and through the Platform and for reasonable promotional purposes relating to the Platform.

The Doctor represents and warrants that Doctor Content:

• Is original or that the Doctor has all necessary rights to grant the licence above;
• Does not infringe any copyright, trademark, patent, trade-secret, publicity, privacy, or other right of any third party;
• Does not contain any unverified medical claim, misleading advertisement, or content that violates the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or the Advertising Standards Council of India Code;
• Does not identify or contain identifiable Personal Data of any Patient without that Patient’s prior written informed consent; and
• Complies with all applicable laws and ethical guidelines.

Arivara reserves the right, at its sole discretion, to review, moderate, edit, restrict, or remove Doctor Content that it reasonably considers to be in violation of these Terms or applicable law, without notice.

Intellectual Property

All rights, title, and interest in and to the Platform (excluding Doctor Content), including all software, code, design, user interface, look and feel, trademarks, logos, service marks, trade names, and other intellectual property (collectively, “Platform IP”), are and shall remain the exclusive property of Arivara and its licensors. No right, title, or interest in the Platform IP is transferred to any User except the limited, revocable, non-exclusive, non-transferable licence to access and use the Platform in accordance with these Terms.

You shall not copy, modify, reverse-engineer, decompile, disassemble, create derivative works of, or otherwise attempt to derive source code from the Platform, except to the extent expressly permitted by applicable law notwithstanding this prohibition.

Prohibited Uses

You shall not, and shall not permit any third party to:

• Use the Platform for any unlawful, fraudulent, or unauthorised purpose;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Upload, transmit, or store any content that is defamatory, obscene, pornographic, hateful, harassing, or otherwise objectionable, or that infringes any right of any third party;
• Introduce any virus, worm, trojan horse, malicious code, or other software intended to damage or interfere with the Platform;
• Circumvent, disable, or otherwise interfere with security-related features of the Platform;
• Use automated means (bots, scrapers, crawlers, or similar) to access the Platform except pursuant to a written agreement with Arivara;
• Interfere with, disrupt, or place an unreasonable load on the Platform;
• Attempt to obtain unauthorised access to any account, computer system, or network connected to the Platform.

Suspension & Termination

Arivara may, at its sole discretion, suspend or terminate your access to the Platform, in whole or in part, with or without notice, upon:

• Breach or suspected breach of these Terms, the Privacy Policy, or applicable law;
• Non-payment of Fees;
• Any act or omission that may expose Arivara, its Users, or Patients to legal or reputational risk;
• Any regulatory direction; or
• Discontinuation of the Platform or any part thereof.

You may terminate your subscription in accordance with the Cancellation & Refund Policy. On termination for any reason, your right to access the Platform ceases immediately; however, provisions that by their nature ought to survive (including Sections 12, 15, 16, 17, 19 and 20) shall survive.

Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. Without limiting the foregoing, Arivara does not warrant:

• That the Platform will be uninterrupted, error-free, secure, or free of viruses or harmful components;
• That any Content, AI output, or third-party service will be accurate, reliable, or complete;
• Any specific clinical, business, or professional outcome from use of the Platform.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Arivara, its partners, directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or in connection with your use of the Platform, whether based on contract, tort, statute, or otherwise, and whether or not Arivara has been advised of the possibility of such damages.

Arivara’s aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Platform shall not, in any twelve-month period, exceed the total Fees paid by you to Arivara during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited by applicable law, including liability for gross negligence or willful misconduct.

Indemnification

You shall indemnify, defend, and hold harmless Arivara and its partners, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms or of any applicable law or regulation;
• Any clinical decision, prescription, diagnosis, or advice rendered by you as a Doctor, including any alleged professional negligence or medico-legal claim;
• Any Content you upload, publish, or transmit through the Platform;
• Your infringement of any right of any third party.

Force Majeure

Arivara shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disaster, epidemic, pandemic, war, terrorism, riot, civil disturbance, strike, industrial action, failure of internet or telecommunications, power failure, cyber-attack, or the act or omission of any governmental authority.

Governing Law & Jurisdiction

These Terms, and any dispute, claim, or matter (whether contractual or non-contractual) arising out of or in connection with them or with your use of the Platform, shall be governed by, and construed in accordance with, the laws of the Republic of India.

Subject to Section 20 (Dispute Resolution & Arbitration), the courts and tribunals at Chennai, Tamil Nadu, India, shall have exclusive jurisdiction over all matters arising out of or in connection with these Terms, and you irrevocably consent to submit to such exclusive jurisdiction.

Dispute Resolution & Arbitration

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or validity thereof, shall first be attempted to be resolved amicably through good-faith negotiations between authorised representatives of the parties, within a period of thirty (30) days from the date on which one party gives written notice of the dispute to the other.

Failing such amicable resolution, the dispute shall be referred to and finally resolved by arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator to be mutually appointed by the parties. The seat and venue of arbitration shall be Chennai, Tamil Nadu, India. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties.

Notwithstanding the foregoing, either party may seek interim, injunctive, or equitable relief before a competent court at Chennai for the protection of intellectual property, confidentiality, or urgent injunctive necessity, without prejudice to the referral of the substantive dispute to arbitration.

Notices

All notices under these Terms shall be in writing. Notices to Arivara shall be sent to the Grievance Officer at the contact details in Section 23. Notices to you shall be sent to the email address or postal address registered with your account, and shall be deemed to have been received (i) if delivered by hand, on delivery, (ii) if sent by email, on the day of sending (with a delivery/read confirmation where reasonably available), or (iii) if sent by pre-paid registered post, on the third business day after posting.

Miscellaneous

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No failure or delay by Arivara in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise.
• Assignment: You shall not assign or transfer these Terms without the prior written consent of Arivara. Arivara may assign these Terms in whole or in part in connection with a corporate reorganisation, merger, or sale of assets.
• Entire Agreement: These Terms (together with the Privacy Policy and the Cancellation & Refund Policy) constitute the entire agreement between the parties in respect of the subject matter and supersede all prior or contemporaneous understandings.
• No Partnership: Nothing in these Terms creates any partnership, joint venture, agency, or employer-employee relationship between Arivara and any User.
• Amendments: Arivara may amend these Terms at its discretion. Material amendments will be notified as set out in Section 21 or by posting on the Platform, and shall take effect on the notified date. Continued use after such date constitutes acceptance.

Grievance Officer

The Grievance Officer designated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Personal Data Protection Act, 2023 is: