Terms of Use

Product: MyOPD  •  Version: [1.1]  •  Effective: 26/08/2026

These Terms of Use ("Terms") govern use of MyOPD at myopd.caresoft.co.in (the "Platform"), supplied by Caresoft Systems Private Limited, CIN [U72900MH2022PTC387875], registered office [ 311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107] ("Caresoft", "we"), to the clinic, practice or healthcare establishment identified in the Order ("Clinic", "you").

These Terms incorporate the Intended Use & Clinical Safety Statement, Privacy Policy, Disclaimer, and Data Processing Addendum. Precedence: Intended Use Statement → signed Order → these Terms → other policies.

1. Definitions

• "Clinic Data" — patient records, prescriptions, billing records, masters and everything else created in or imported into the Platform by you.
• "Practitioner" — a registered medical practitioner using the Platform in the course of treating patients.
• "Order" — the signup selection, quotation or agreement specifying plan, doctors, users, validity and fees.
• "Access Levels" — platform administration (Caresoft), clinic administration, and end user.

2. Our role

• Caresoft supplies software for the administrative and record-keeping operation of an outpatient clinic, within the intended use in the Intended Use Statement.
• We do not practise medicine, do not provide clinical services, and are not part of the care team.
• We do not review, validate, check or approve anything a Practitioner enters or prints.
• We are not a pharmacy, a laboratory, a diagnostic service or a telemedicine provider.
• We do not maintain your books of account and are not your accountant.

3. Eligibility

• The Platform is supplied to clinics and healthcare establishments lawfully entitled to operate in India, holding all registrations their State requires — including under the Clinical Establishments (Registration and Regulation) Act, 2010 where applicable.
• You warrant that every Practitioner using the Platform holds current, valid registration with the National Medical Commission, a State Medical Council, or the relevant council for their system of medicine, and practises within their qualification and scope.
• You must notify us if a Practitioner's registration is suspended or cancelled, and must revoke their prescribing access immediately.
• We may require evidence of registration at onboarding and periodically. Verification by us is a check, not an endorsement of competence.

4. Licence and access levels

Subject to these Terms and payment, we grant you a non-exclusive, non-transferable, non-sublicensable right, during the validity period in your Order, to use the Platform for your own clinic, within the limits on doctors, users and locations stated there.

You must not exceed licensed doctors, users or locations; use one clinic's licence for a separate establishment; resell or provide the Platform as a service; reverse engineer it; or use it to build a competing product.

5. Accounts and users

• You provision, review and revoke your own users, and must revoke within [24] hours of a person leaving or changing role.
• You are responsible for all activity under your accounts and must notify [email protected] immediately of suspected compromise.
• Assign roles on a need-to-know basis. Not every staff member needs to see every patient's clinical record.
• Where electronic signature is used on prescriptions, those credentials belong to the individual Practitioner and must not be delegated or stored for others to use.

6. Practitioner responsibility

• The Practitioner must verify the record accurately reflects the consultation before finalising it.
• Clinical judgement prevails over anything in the system.
• Professional conduct obligations — consent, confidentiality, record-keeping, advertising restrictions — remain yours.
• Where a consultation is not face-to-face, the Telemedicine Practice Guidelines, 2020 apply and the Platform does not enforce them (Intended Use §8).

7. Prescribing

• Prescriptions may be composed and issued only by a registered Practitioner. You must not configure workflows allowing a prescription to be finalised without the Practitioner's involvement.
• The Platform prints what is entered. It does not validate legality, dose, interaction, allergy, appropriateness or completeness.
• The Practitioner must review the printed prescription before it reaches the patient. What matters legally is the paper the patient carries.
• You are responsible for the print format containing everything your regulator requires, including the Practitioner's name, qualification and registration number.
• Schedule H, H1 and X drugs, and narcotics under the NDPS Act, 1985 carry additional requirements. The Platform does not enforce them.
• Corrections after issue must follow a proper amendment process. The audit trail retains the original.

8. Configuration and masters

• Masters — drugs, billing items, lab items, diagnoses, templates — are maintained by you. Where we supply a starter list, it is a starting point without warranty as to completeness, currency or correctness.
• Any default strength, frequency or duration stored against a drug is your data entry shortcut, not a clinical recommendation, and is not appropriate for every patient.
• You are responsible for removing withdrawn or banned drugs. The system does not know about regulatory action.
• Configuration choices have clinical consequences. Review them at least [annually] and after any significant change.
• Where data is imported from a previous system, you must verify it before clinical use. Imported data is not validated by us.

9. Medical records and retention

• You must retain outpatient records for the period required by applicable law and professional regulation — generally not less than three years from the last consultation, and longer where State rules, a court, a minor patient, or a pending complaint requires it.
• You set retention within the product and are responsible for setting it lawfully. We do not set it for you and cannot advise on it.
• Statutory retention overrides a deletion request, including from a patient. You must assess what you are required to keep.
• Records must be producible to a court, consumer forum, medical council or lawful authority. Export regularly and keep your own copy.
• Audit trails are immutable by design. Corrections are recorded as corrections; they do not erase what was there.

10. Downtime and fallback

We are not liable for consequences of an interruption where a workable fallback was not maintained.

11. Messaging and notifications

• Where you enable messaging, appointment and reminder messages are sent through third-party providers under their own terms and platform policies.
• Delivery is not guaranteed. Messages may be delayed, blocked, filtered or fail. Do not rely on a message reaching a patient as your only means of communicating something that matters.
• You are responsible for obtaining patient consent to be contacted, for the content of templates you configure, and for compliance with telecom and messaging regulations.
• Message content must be minimal. A message revealing a department, a diagnosis or a medicine is a disclosure of health information to whoever sees that phone. Confirm the number belongs to the patient.
• Numbers change hands. Verify contact details at each visit.

12. ABDM and ABHA

• Where enabled, exchange occurs under the ABDM framework and Health Data Management Policy using the patient's ABHA and ABDM's consent mechanism.
• ABHA is voluntary. You must not condition care, appointments or any service on a patient creating or linking one.
• You are responsible for obtaining consent properly through the ABDM flow and for the accuracy of records you publish.
• Records shared to another facility pass out of your control , and Caresoft cannot retrieve, correct or withdraw them.
• Our compliance and certification status is as stated in current published material. Do not represent a certification we have not obtained.

13. Billing and financial records

• The Platform records bills and receipts as configured by you. It is not an accounting system and does not maintain your books.
• You are responsible for tax configuration, invoice content, GST compliance and statutory financial records.
• Figures in reports are derived from what was entered. Reconcile against your accounting records before relying on them for a return or filing.
• Where payment collection is enabled, it is provided through a third-party gateway under its own terms; we do not hold funds.

14. Your responsibilities

• Ensure every Practitioner holds current registration and practises within scope.
• Ensure only trained users operate the system, with individual accounts.
• Confirm patient identity at every consultation using at least two identifiers.
• Maintain masters, print formats and retention settings lawfully.
• Maintain a tested paper fallback.
• Obtain patient consent where required, including for messaging and ABDM.
• Export and retain your own copy of records.
• Maintain your own registrations, licences and statutory compliance.
• Report any suspected safety issue immediately (Intended Use §14).

15. Acceptable use

You must not: allow prescribing by anyone not registered; share accounts or signature credentials; exceed licensed limits; use the Platform for an establishment not named in your Order; enter deliberately false clinical or billing records; use patient data for marketing without consent; resell or sublicense; reverse engineer; scrape or automate beyond the documented API; probe security without authorisation; or upload malware.

We may suspend immediately where we reasonably believe use breaches this Section, threatens patient safety, or threatens the Platform or other clinics.

16. Your data and ownership

• You own all Clinic Data. We claim no ownership and acquire no rights beyond providing the Platform.
• You grant us a limited licence to host, store, process and display it solely to provide, secure and support the Platform for you.
• We do not use Clinic Data for our own purposes, do not sell it, do not share it between clinics, do not aggregate it into identifiable benchmarks, and do not use it to train artificial intelligence models.
• Export in a documented, machine-readable format is available throughout the term and on exit (§27).

17. Data protection

Clinic Data includes patient health data. You are the Data Fiduciary; Caresoft is a Data Processor, under the Data Processing Addendum. Data is stored and processed within India. You are responsible for the lawful basis on which you process patient data and for any notice or consent required.

18. Security

We maintain the measures in the DPA, including encryption in transit and at rest, role-based access, multi-factor authentication for administrative access, tenant isolation, immutable audit logging of record access and changes, no production data in non-production environments, and periodic penetration testing.

You are responsible for your premises, devices, network, screen privacy at the front desk, and user access hygiene. Each party notifies the other of a suspected security incident immediately, and in any event within [6] hours.

19. Availability and support

The Platform is provided on an "as available" basis. Unless a written SLA applies, we give no uptime commitment and no service credits. Support is per your plan via [[email protected]]. Suspected patient-safety issues are triaged ahead of routine support and acknowledged within [4] working hours.

20. Changes to the Platform

We may add, modify, deprecate or remove features. Any change materially affecting clinical workflow, the prescription print, or the intended use will be notified in advance with an updated Intended Use Statement and, where appropriate, updated training. We will give at least [30] days' notice before removing a feature material to your paid plan; where a change materially reduces value, you may terminate and receive a pro-rata refund of prepaid unused fees as your sole remedy.

21. Fees and validity

• Fees, doctors, users, locations and validity are as stated in your Order, in Indian rupees, exclusive of GST.
• Access ends when the validity period expires unless renewed. Subscriptions renew automatically unless cancelled before renewal; price revisions require [30] days' notice.
• Invoices are payable within [15] days; overdue amounts attract interest at [1.5]% per month or the maximum permitted by law, whichever is lower.
• We may suspend after [7] days of non-payment following notice, and terminate after [30] days.

22. Intellectual property

Caresoft and its licensors retain all rights in the Platform, its software, templates, documentation and the marks "MyOPD" and "Caresoft". You retain all rights in Clinic Data. Feedback may be used by us without restriction, provided it contains no Clinic Data.

23. Confidentiality

Each party protects the other's confidential information with at least reasonable care. Patient information is confidential without qualification, and we treat it as such regardless of anything else in these Terms. Obligations survive for [5] years, and indefinitely for patient data and source code.

24. Warranties

We warrant that we have the right to grant the licence, that the Platform will perform materially in accordance with its documentation and the Intended Use Statement, and that we will provide the services with reasonable skill and care.

You warrant that every Practitioner is validly registered, that you hold all required registrations, and that your use complies with applicable law.

25. Limitation of liability

26. Indemnities

• By us: against third-party claims that the Platform as supplied infringes intellectual property rights, subject to prompt notice, control of defence and cooperation.
• By you: against claims, penalties, losses and costs arising from clinical care provided at your clinic; any prescription issued through the Platform; prescribing by an unregistered person; your masters and configuration; your records and their retention or destruction; breach of professional conduct or telemedicine obligations; patient data you process; and your breach of these Terms or applicable law.

27. Term, termination and exit

• Term and validity as stated in your Order, renewing automatically unless cancelled before renewal.
• Either party may terminate for material breach not cured within [15] days, or immediately on insolvency.
• We may suspend or terminate immediately for breach of §15, for a patient-safety concern, or where a Practitioner's registration has been cancelled and access not revoked.
• Exit. On termination we make Clinic Data available for export in a documented, machine-readable format for [60] days — longer than our other products, because these are medical records you are legally required to hold.
• After the export window, data is deleted, subject to mandatory retention. Deleted data is not recoverable, and your statutory retention obligation continues regardless. Export before you leave.
• Sections 16, 22, 23, 25, 26 and 28 survive termination.

28. Governing law and disputes

Governed by the laws of India. The parties will escalate in good faith for [30] days. Failing resolution, disputes are finally settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by agreement, seated at [Mumbai, Maharashtra], in English. Subject to arbitration, the courts at [Mumbai, Maharashtra] have exclusive jurisdiction.

29. Grievance redressal

Grievance Officer (Information Technology Act, 2000; Digital Personal Data Protection Act, 2023):
Name: Rajeev Pillai  |  Email: [email protected]
Address: 311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107
Acknowledgement within 24 hours; resolution within 15 days.

Patient-safety concerns: 311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107 — acknowledged within [4] working hours.

30. General

• Entire agreement — the Order, these Terms and the incorporated documents supersede prior discussions. Your purchase-order terms have no effect.
• Assignment — not without our consent, save to a successor of your practice on notice. We may assign to an affiliate or in a merger or sale of assets.
• Subcontracting — permitted; we remain responsible. Sub-processors are governed by the DPA.
• Notices — to your registered email or by in-product notice; to us at [email protected].
• Publicity — we may name you as a customer only with your prior written consent.
• Severability, waiver — standard. These Terms constitute an electronic record under the Information Technology Act, 2000.
• Amendment — material changes on [30] days' notice. Changes affecting clinical workflow or intended use follow §20.