Terms & Conditions

1. Acceptance of Terms

Welcome to JIVANA AI. By accessing or using our website, products, and services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and JIVANA AI ("Company," "we," "us," or "our").

2. Description of Services

JIVANA AI provides artificial intelligence-powered healthcare solutions, including but not limited to:

• ThalSaarthi: Comprehensive thalassemia management platform
• CuraScript: AI-driven voice-to-prescription system for healthcare providers
• AI Newsletter: Weekly intelligence briefings on AI in healthcare
• Tailored AI Solutions: Custom AI development for healthcare organizations
• Other digital health products and consulting services

Our Services are designed to assist healthcare professionals and organizations. They are not a substitute for professional medical judgment and should be used as decision-support tools only.

3. User Eligibility

You must meet the following criteria to use our Services:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be a licensed healthcare professional or authorized representative of a healthcare organization (for clinical products)
• Have the legal authority to enter into binding contracts
• Provide accurate, current, and complete information during registration

We reserve the right to verify your credentials and deny access if eligibility requirements are not met.

4. Account Registration and Security

4.1 Account Creation

To access certain Services, you may need to create an account. You agree to:

• Provide accurate and complete registration information
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized use of your account

4.2 Account Responsibility

You are solely responsible for all activities conducted through your account. We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain security.

5. Acceptable Use

5.1 Permitted Use

You may use our Services for:

• Legitimate healthcare and clinical purposes
• Educational and research activities
• Professional development and continuing medical education

5.2 Prohibited Activities

You agree NOT to:

• Use the Services for any unlawful purpose or in violation of applicable regulations
• Attempt to circumvent security measures or access unauthorized areas
• Reverse engineer, decompile, or disassemble any AI models or proprietary software
• Upload malicious code, viruses, or any harmful content
• Interfere with the proper functioning of the Services
• Violate patient privacy or confidentiality obligations under Indian laws (IT Act, 2000, Clinical Establishments Act, 2010)
• Share your account credentials with unauthorized individuals
• Use automated systems (bots, scrapers) without prior written consent

7. Intellectual Property Rights

7.1 Our Ownership

All content, software, algorithms, designs, trademarks, and materials on our Services are the exclusive property of JIVANA AI or its licensors. This includes:

• AI models, machine learning algorithms, and training data
• User interfaces, graphics, and visual designs
• Documentation, guides, and educational materials
• Trademarks, logos, and branding elements

7.2 Your License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. This license does not permit you to:

• Reproduce, modify, or create derivative works
• Distribute, sell, or sublicense our Services
• Use our branding or trademarks without written permission

7.3 User Content

For custom AI solutions, you retain ownership of your data. By using our Services, you grant us a license to process your data solely to provide the Services and improve our AI models (in anonymized, de-identified form where permitted by law).

8. Payment and Subscription Terms

8.1 Fees

Certain Services require payment of subscription fees or one-time charges. All fees are:

• Stated in Indian Rupees (INR) unless otherwise specified
• Non-refundable except as required by law or our refund policy
• Subject to applicable taxes and transaction fees

8.2 Billing

For subscription services:

• Billing occurs on a recurring basis (monthly, annually, etc.)
• Automatic renewal applies unless you cancel before the renewal date
• Price changes will be communicated at least 30 days in advance

8.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellations take effect at the end of the current billing period.

9. Data Privacy and Indian Law Compliance

We are committed to protecting your data in accordance with our Privacy Policy and applicable Indian regulations.

9.1 Indian Data Protection Compliance

We comply with the Information Technology Act, 2000, IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023. For healthcare services, we also adhere to:

• Clinical Establishments (Registration and Regulation) Act, 2010
• Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
• Telemedicine Practice Guidelines, 2020

9.2 Data Security

We implement reasonable security practices and procedures as mandated by Indian law, including encryption, access controls, and regular security audits. However, you acknowledge that no system is entirely immune to security risks.

9.3 Data Localization

Sensitive Personal Data is primarily stored within India. Where cross-border transfers are necessary, we ensure adequate safeguards as required under Section 16 of the Digital Personal Data Protection Act, 2023.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• JIVANA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED OUTPUTS
• WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability will be limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless JIVANA AI, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Violation of these Terms or applicable laws
• Infringement of third-party rights
• Medical malpractice or patient harm resulting from your clinical decisions

12. Termination

12.1 By You

You may terminate your account at any time by contacting us or using account settings.

12.2 By Us

We may suspend or terminate your access to the Services immediately if:

• You violate these Terms
• Your account poses a security risk
• Required by law or regulatory authorities
• Non-payment of fees

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may retain your data as required by law or for legitimate business purposes (e.g., dispute resolution).

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website at least 30 days before taking effect.

Continued use of the Services after changes constitutes acceptance of the revised Terms.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mumbai, Maharashtra, India. The arbitration shall be conducted in English by a sole arbitrator mutually appointed by the parties.

14.3 Jurisdiction

Subject to arbitration, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising from these Terms.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or data breaches.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and JIVANA AI.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.

16. Contact Us

For questions, concerns, or notices regarding these Terms, please contact us: