Terms of Service

Please read these Terms of Service (“Terms”, “Agreement”) carefully before accessing or using any part of the DocBase platform (“Service”, “Platform”). These Terms constitute a legally binding agreement between you (“User”, “you”, “your”) and DocBase (“Company”, “we”, “us”, “our”). By registering, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference. If you do not agree to every provision of these Terms, you must immediately cease all use of the Service.

1. Definitions

As used throughout these Terms, the following definitions apply:

• “DocBase” refers to the cloud-based healthcare practice management and appointment scheduling platform operated by the Company.
• “Healthcare Provider” / “Provider” means any licensed physician, doctor, clinic, hospital, allied health professional, or medical organisation that subscribes to the Service.
• “Patient” means any individual who uses the Service to book, manage, or interact with healthcare appointments or records.
• “Subscriber” means an entity or individual that has entered into a paid or trial subscription for the Service.
• “Content” means all data, text, files, records, notes, images, or other materials uploaded, submitted, or transmitted through the Service.
• “Protected Health Information” or “PHI” has the meaning ascribed to it under applicable healthcare data protection laws, including but not limited to HIPAA (United States), PDPA (India/Thailand/Singapore), and equivalent local legislation.
• “Subscription Plan” means the tier of service selected by the Subscriber, including associated fees, features, and usage limits.
• “Third-Party Services” means any external platforms, APIs, integrations, or tools connected to or used in conjunction with DocBase (e.g., SMS gateways, email services, payment processors).

2. Nature of Service — Technology Platform Only

DocBase is a technology platform and software-as-a-service (SaaS) tool designed to assist healthcare providers in managing administrative tasks including appointment scheduling, patient record organisation, billing, communication, and clinical documentation. DocBase is not a healthcare provider, medical practice, hospital, pharmacy, or any regulated health entity.

DocBase does not provide medical advice, clinical diagnosis, treatment recommendations, prescriptions, or any form of healthcare services. Any clinical content entered into, generated by, or displayed through the Platform is solely the responsibility of the licensed Healthcare Provider who created or approved it. Patients must not rely on the Platform as a substitute for professional medical consultation, diagnosis, or treatment.

The Company makes no representation that the Platform is suitable for any specific clinical use case, regulatory environment, or jurisdiction. It is the sole responsibility of each Healthcare Provider to ensure that their use of the Platform complies with all applicable laws, professional standards, and licensing requirements in their jurisdiction.

3. Eligibility and Account Registration

To access the Service, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts. Healthcare Providers must hold all licences, registrations, and certifications required by applicable law to practise medicine or provide health services in their jurisdiction.

You agree to provide accurate, current, and complete information during registration and to keep such information updated at all times. You are solely responsible for all activity that occurs under your account. You must safeguard your login credentials and must not share them with unauthorised persons. If you suspect unauthorised access to your account, you must notify us immediately at team@docbase.in. DocBase shall not be liable for any loss or damage arising from your failure to maintain the security of your credentials.

DocBase reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, including if we reasonably believe that the account is being used fraudulently, in violation of these Terms, or in a manner that could cause harm to the Platform or third parties.

4. Subscription, Fees and Payment

Access to certain features of the Service requires a paid Subscription Plan. By selecting a plan, you authorise DocBase (or its designated payment processor) to charge the applicable fees to your nominated payment method on the billing cycle stated at the time of subscription.

• Pricing Changes: DocBase reserves the right to modify subscription fees at any time with not less than thirty (30) days' prior written notice to Subscribers. Continued use of the Service after the effective date of a price change constitutes acceptance of the new fees.
• Taxes: All fees are exclusive of applicable taxes (GST, VAT, service tax, or equivalent). You are responsible for all such taxes.
• Late Payment: Unpaid invoices may result in suspension or termination of your account without further notice. DocBase reserves the right to charge interest on overdue amounts at the maximum rate permitted by law.
• No Refunds: Except where required by law or expressly stated in a separate written agreement, all fees are non-refundable. Downgrading a plan does not entitle you to a refund of previously paid amounts.
• Free Trials: Any free trial is offered at DocBase's discretion and may be withdrawn or modified at any time. Upon expiry of a free trial, your account may be suspended or converted to a paid plan.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to engage in any unlawful, fraudulent, deceptive, or unethical activity;
• Upload, transmit, or distribute any content that is defamatory, obscene, harassing, threatening, or infringes any third-party rights;
• Attempt to gain unauthorised access to any system, network, or account associated with the Service;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the Platform;
• Use automated bots, scrapers, or crawlers to access, extract, or monitor the Platform without our express written consent;
• Introduce malware, viruses, or any other malicious code into the Service;
• Misrepresent your identity, qualifications, or affiliations when using the Service;
• Use the Service to process or store data belonging to categories of data subjects for which you do not have legal authority;
• Resell, sublicence, or otherwise commercialise the Service without our prior written consent;
• Circumvent any access controls, usage limits, or security features of the Platform.

DocBase reserves the right to investigate suspected violations and to suspend or terminate access immediately and without notice if a violation is confirmed or reasonably suspected. We may also cooperate with law enforcement authorities as required by applicable law.

6. Healthcare Provider Obligations

Healthcare Providers using the Service agree and acknowledge that:

• They hold all valid licences, registrations, and authorisations required to practise healthcare in their jurisdiction, and they will immediately notify DocBase if any such authorisation is revoked or suspended;
• They are solely responsible for all clinical decisions, diagnoses, treatment plans, prescriptions, and any other medical or health-related acts performed through or in connection with the Service;
• They will obtain all legally required consents from patients before collecting, processing, or sharing patient data through the Platform;
• They will comply with all applicable healthcare regulations including but not limited to HIPAA, the Indian Medical Council Act, the Digital Personal Data Protection Act 2023 (India), GDPR (where applicable), and any other local or regional health data laws;
• They are the “data controller” (or equivalent under applicable law) in respect of all patient data entered into the Platform, and DocBase acts solely as a “data processor” or “service provider” on their behalf;
• They bear full responsibility for the accuracy, completeness, and lawfulness of all Content they upload, generate, or approve within the Platform;
• They will maintain appropriate backup copies of critical patient records independently of the Platform.

7. Patient Acknowledgements

Patients accessing the Service acknowledge that:

• DocBase is a scheduling and administrative tool; it does not provide medical advice or emergency services;
• In a medical emergency, they must immediately contact emergency services (e.g., dial 112 or the relevant local emergency number) and must not use this Platform as their primary means of seeking urgent care;
• Appointment booking through the Platform is subject to confirmation by the Healthcare Provider and does not guarantee medical consultation or treatment;
• The accuracy of their personal and health information entered into the Platform is their own responsibility;
• They consent to their data being shared with the Healthcare Provider(s) they engage with through the Platform for the purpose of healthcare delivery.

8. Service Availability and Uptime

DocBase will use commercially reasonable efforts to make the Service available on a continuous basis. However, the Company does not warrant or guarantee any specific level of uptime, availability, performance, or response time. The Service may be unavailable due to:

• Scheduled or emergency maintenance;
• Hardware or software failures, including failures of third-party infrastructure or hosting providers;
• Force majeure events (including natural disasters, pandemics, civil unrest, government action, cyberattacks, or internet outages);
• Actions of third-party service providers (e.g., cloud hosting, CDN, DNS, SMS gateway, payment processors);
• Power failures or telecommunications disruptions beyond our control.

DocBase shall bear no liability whatsoever for any loss, damage, missed appointments, revenue loss, reputational harm, or any other consequence arising from Service unavailability, degradation, latency, errors, or data loss, regardless of the cause. Any service level commitments, if offered, will be contained in a separate written Service Level Agreement (“SLA”) and are subject to the exclusions therein.

9. AI-Generated Features and Content

The Platform may incorporate artificial intelligence (“AI”) or machine learning features, including but not limited to voice transcription, clinical note drafting, patient summaries, prescription assistance, and communication generation. You expressly acknowledge and agree that:

• All AI-generated output is provided as a draft or suggestion only and must be reviewed, verified, and approved by a qualified and licensed Healthcare Provider before any clinical use;
• AI-generated content may contain errors, omissions, hallucinations, or inaccuracies;
• DocBase makes no warranty as to the accuracy, completeness, safety, or fitness for clinical purpose of any AI-generated content;
• The Healthcare Provider bears full and sole responsibility for any AI-generated content that they approve, adopt, or act upon;
• DocBase shall not be liable for any clinical, legal, financial, or other harm arising from reliance on AI-generated content, whether or not such content was reviewed by a professional.

10. Third-Party Integrations and Services

The Service may integrate with or link to third-party services and platforms (including SMS and WhatsApp messaging services, email providers, payment gateways, cloud storage, and mapping services). DocBase does not control third-party services and makes no representations regarding their availability, accuracy, security, or compliance with applicable law.

Your use of any third-party service is governed solely by that party's own terms and policies. DocBase shall not be liable for any acts, omissions, errors, or failures of third-party services, including message delivery failures, payment processing errors, data breaches at third-party providers, or service interruptions.

Any data you share with third-party services through integrations is at your own risk. We encourage you to review the privacy policies and terms of any third-party service before enabling integrations.

11. Data Ownership and Intellectual Property

Your Data: As between you and DocBase, you retain full ownership of all Content and patient data you input into the Platform. You grant DocBase a limited, non-exclusive, royalty-free licence to process, store, and transmit your data solely as necessary to provide the Service.

DocBase Intellectual Property: The Platform, its underlying technology, software, design, trade marks, trade names, logos, and all related materials are the exclusive intellectual property of DocBase and its licensors. Nothing in these Terms grants you any right, title, or interest in the Company's intellectual property. You must not use the DocBase name, logo, or branding without our prior written consent.

Aggregated Data: DocBase may collect, use, and share anonymised and aggregated data derived from Platform usage (which does not identify any individual) for product improvement, analytics, benchmarking, and research purposes.

12. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to any third party without prior written consent, except as required by law. DocBase's confidential information includes, without limitation, pricing information, product roadmaps, and technical documentation. Your confidential information includes patient data and business records.

This obligation of confidentiality survives the termination of these Terms for a period of five (5) years, except in respect of PHI which shall be treated as confidential indefinitely or as otherwise required by applicable law.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DOCBASE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Service will be uninterrupted, timely, secure, or error-free;
• Warranties as to the accuracy, reliability, completeness, or currency of any information or content on the Platform;
• Warranties that defects or errors will be corrected;
• Warranties that the Platform is free from viruses or other harmful components;
• Warranties that the Service meets any regulatory or compliance requirement in your jurisdiction.

No advice or information, whether oral or written, obtained by you from DocBase or through the Service shall create any warranty not expressly stated in these Terms.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. Exclusion of Consequential Damages: DOCBASE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, PATIENT RELATIONSHIPS, MISSED APPOINTMENTS, REGULATORY FINES, OR MEDICAL OUTCOMES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, EVEN IF DOCBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Aggregate Liability Cap: IN NO EVENT SHALL DOCBASE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO DOCBASE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED (100) INDIAN RUPEES (OR LOCAL CURRENCY EQUIVALENT), WHICHEVER IS LOWER.
3. Clinical Outcomes: DOCBASE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLINICAL OUTCOME, PATIENT HARM, MISSED DIAGNOSIS, INCORRECT PRESCRIPTION, DELAYED TREATMENT, OR ANY OTHER MEDICAL CONSEQUENCE ARISING FROM THE USE OF OR RELIANCE ON THE PLATFORM.
4. Data Loss: DOCBASE SHALL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR DATA.
5. Third-Party Acts: DOCBASE SHALL NOT BE LIABLE FOR ANY ACTS, OMISSIONS, OR FAILURES OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING PAYMENT PROCESSORS, HOSTING PROVIDERS, OR COMMUNICATION SERVICES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you to the extent prohibited by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless DocBase and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or inability to use the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including healthcare laws; (d) your infringement of any third-party intellectual property or privacy rights; (e) any Content you upload, submit, or transmit through the Service; (f) any clinical decision, diagnosis, or treatment made using or in connection with the Platform; or (g) any claim by a patient or third party arising from your use of the Service.

16. Data Protection and Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

Healthcare Providers acknowledge that they act as the data controller for all patient data processed through the Platform and that DocBase processes such data only on their instruction as a data processor. Providers are responsible for ensuring that all required patient consents are obtained, that processing is lawful, and that patients are informed of their rights under applicable data protection laws.

In the event of a personal data breach affecting your data, DocBase will notify you within the timeframes required by applicable law. You remain responsible for any notification obligations to patients or regulatory authorities that arise from your role as data controller.

17. Security Responsibilities

DocBase implements industry-standard technical and organisational security measures. However, no security measure is absolute and DocBase cannot guarantee the security of data transmitted over the internet or stored on the Platform. DocBase shall not be liable for any unauthorised access to, or theft, corruption, or loss of, your data unless such breach is caused solely and directly by DocBase's gross negligence or wilful misconduct.

You are responsible for implementing appropriate access controls within your organisation, including managing user permissions, revoking access for former employees, and using strong authentication credentials. You must immediately notify DocBase of any known or suspected security incidents.

18. Suspension and Termination

By DocBase: DocBase may suspend or terminate your access to the Service immediately and without notice if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) your account remains unpaid beyond the due date; (d) we reasonably suspect fraudulent, abusive, or illegal activity; or (e) we discontinue the Service.

By You: You may terminate your account at any time by providing written notice to DocBase. Termination does not entitle you to any refund of prepaid fees.

Effect of Termination: Upon termination, your right to access the Service ceases immediately. DocBase will retain your data for a period of thirty (30) days following termination, during which time you may request an export. After this period, your data may be permanently deleted, subject to any legal retention obligations. DocBase shall not be liable for any loss resulting from data deletion following termination.

Provisions that by their nature should survive termination shall do so, including Sections 11, 13, 14, 15, 20, 21, and 22.

19. Modifications to the Service and Terms

DocBase reserves the right to modify, suspend, or discontinue the Service (or any feature thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may update these Terms at any time. Where changes are material, we will provide at least fourteen (14) days' prior notice by email or prominent notice on the Platform. Your continued use of the Service after the effective date of revised Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Chandigarh, India.

Notwithstanding the foregoing, DocBase reserves the right to seek injunctive or other equitable relief in any competent court of any jurisdiction to protect its intellectual property or confidential information.

21. Dispute Resolution

Before initiating any formal legal proceedings, the parties agree to attempt good-faith negotiations for a period of thirty (30) days from written notice of a dispute. If the dispute is not resolved through negotiation, it shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), conducted by a sole arbitrator appointed by mutual agreement or, failing agreement, by the relevant arbitral institution. The arbitration shall be conducted in English and the award shall be final and binding.

Class Action Waiver: To the extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration against DocBase.

22. Force Majeure

DocBase shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil disorder, government sanctions or regulations, internet or telecommunications failures, power outages, cyberattacks, actions of third-party providers, or any other event of force majeure. DocBase will use commercially reasonable efforts to resume normal service as soon as practicable.

23. No Medical Emergency Use

THE PLATFORM IS NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU OR ANYONE ELSE IS EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES (E.G., 112 IN INDIA, 911 IN THE USA) OR GO TO THE NEAREST EMERGENCY ROOM. DOCBASE BEARS NO RESPONSIBILITY FOR HARM ARISING FROM RELIANCE ON THE PLATFORM IN AN EMERGENCY SITUATION.

24. No Waiver; Severability

The failure of DocBase to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

25. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein or entered into between you and DocBase in writing, constitute the entire agreement between you and DocBase with respect to the Service and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral, relating to the subject matter hereof.

26. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of DocBase. DocBase may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, corporate restructuring, or sale of assets, without restriction or notice to you beyond what is required by law.

27. Feedback and Suggestions

If you provide DocBase with any feedback, suggestions, ideas, or improvements regarding the Service (“Feedback”), you grant DocBase an irrevocable, perpetual, royalty-free, worldwide licence to use, reproduce, modify, and incorporate such Feedback into the Service without any obligation of compensation or attribution to you.

28. Contact Information

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