Terms of Service

This Terms of Service ("Agreement") is a legal agreement between answerIT (OPC) Pvt. Ltd. ("Company", "we", "our", or "us") and the subscribing clinic, hospital, or healthcare professional ("Customer", "Clinic", or "you"). By registering for or using the Kramiq platform (also referred to as "Kramiq"), you agree to be bound by these terms.

1. Eligibility and Registration

• Authority: You must have the legal authority to represent your clinic and be capable of entering into binding contracts under Indian law.

• Accuracy: You agree to provide and maintain accurate registration information, including clinic name, doctor details, and contact information.

• Accounts: Standard subscriptions include up to two (2) authorized user accounts. You are responsible for all activities performed under your account and for maintaining password confidentiality.

2. License and Permitted Use

• License Grant: We grant you a limited, non-exclusive, non-transferable, and revocable license to access the SaaS platform during your subscription term.

• Prohibited Activities: You shall not reverse engineer the software, use automated tools to scrape data, introduce malware, or use the platform for any unlawful activity or unsolicited bulk messaging (spam).

3. Data Ownership and Privacy

• Ownership: You (or your patients) retain all right, title, and interest in the Customer Data entered into the platform.

• Processing Role: Per the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, the Customer acts as the Data Fiduciary (Controller) and the Company acts as the Data Processor.

• Security: We implement commercially reasonable safeguards, including HTTPS/TLS encryption and password hashing, to protect data.

4. WhatsApp Messaging Integration

• Consent: The Clinic is solely responsible for obtaining specific, informed, and documented patient consent before sending communications via the Meta WhatsApp Cloud API.

• Compliance: You must comply with Meta’s platform policies and ensure that marketing messages are only sent where appropriate consent exists.

• Disclaimers: We do not guarantee the delivery or timing of WhatsApp messages, as this depends on third-party infrastructure.

5. Subscription Fees and Service

• Payments: Fees are payable in advance according to your selected billing cycle. Failure to pay may result in service suspension or termination.

• Service Availability: We target 99.5% monthly service availability, excluding scheduled maintenance and third-party outages.

• Support: Standard support is available Monday to Saturday, 9:00 AM – 6:00 PM IST.

6. Disclaimers and Limitation of Liability

• Medical Disclaimer: Kramiq is an appointment management tool only. We do not provide medical advice, diagnose conditions, or verify the qualifications of healthcare providers. Medical decisions remain the sole responsibility of the provider.

• Liability Cap: To the fullest extent permitted by law, our aggregate liability is limited to the total subscription fees paid by you during the twelve (12) months preceding the claim.

• No Indirect Damages: We are not liable for incidental, consequential, or exemplary damages, including loss of profits or data.

7. Termination and Deletion

• Termination: Either party may terminate the agreement for a material breach or by providing notice before the renewal date.

• Data Deletion: Upon termination, access ceases. You may request a data export within 30 days, after which we may securely delete your data in accordance with our retention policy.

8. Governing Law and Jurisdiction

• Governing Law: This Agreement is governed by the laws of India.

• Jurisdiction: The courts in Nagpur, Maharashtra, India, shall have exclusive jurisdiction over any disputes.

9. Contact Information

answerIT (OPC) Pvt. Ltd. 58B, Ramna Maroti Nagar, Nagpur – 440024, Maharashtra, India.

Support: contact@answerit.in | Legal: legal@answerit.in | Phone: +91-9822697543