These Terms of Use (“Terms of Use”) is a legal agreement between you, the user (“User”/ “Customer”/“You”/“Your”, which terms shall include the persons that access, use, and/or participate in the Platform, AINA and RADAR, in any manner), and Cloudphysician International Pte Ltd, together with its subsidiaries and affiliates (hereinafter referred to as “We”, “Us”, “Company” or “Our”), which provides Smart-Intensive Care Unit services based on the technology developed by the Company, including but not limited to developing and licensing of healthcare software and remote clinical services, to its customers and is the owner of the platforms AINA and RADAR and website including the ancillary pages located at https://cloudphysicianworld.com/ which is operated by the Company (“Website”) and the RADAR mobile application available on Apple AppStore and Google Play Store (“App”). Where the context so requires, AINA, Website and App shall be collectively referred to as the “Platform.”

The Company has established and published a Privacy Policy available on the Platform (“Privacy Policy”), that explains to Users how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is governed also by the Privacy Policy.

THESE TERMS OF USE, READ WITH THE DPDP ACT-COMPLIANT PRIVACY POLICY, CONSTITUTE AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000, THE DIGITAL PERSONAL DATA PROTECTION (DPDP) ACT, 2023, AND THE RULES MADE THEREUNDER, ALONG WITH THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS UNDER VARIOUS INDIAN STATUTES. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU UNDER LAW BY WAY OF YOUR DIGITAL ACCEPTANCE, AFFIRMATIVE ACTION, INBOUND REQUEST SUBMISSION, OR ACTIVE USE HEREOF.

THE COMPANY MAY MODIFY THESE TERMS OF USE AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE HEREIN AT ITS SOLE DISCRETION FOR COMPLYING WITH THE EXTANT LEGAL AND REGULATORY FRAMEWORK AND FOR OTHER LEGITIMATE BUSINESS PURPOSES, AT ANY TIME, AND THE COMPANY WILL POST THE AMENDED TERMS OF USE WITH OR WITHOUT ANY NOTIFICATION TO YOU ON THE PLATFORM. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE FOR ANY CHANGES AND YOU ARE ENCOURAGED TO CHECK THE TERMS OF USE FREQUENTLY. YOUR USE OF THE PLATFORM FOLLOWING ANY AMENDMENT OF THE TERMS OF USE WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ANY REVISED TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE PLATFORM.

1. ELIGIBILITY

You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms. As a minor, if you wish to use or transact on the Platform, such use or transaction may be made only under verifiable consent by your legal guardian or parents on the Platform, and in such a case, these Terms and Conditions shall be deemed to be a contract with your legal guardian or parents and to the extent permissible under law, enforceable against you.

You represent, acknowledge and agree that: (a) all registration and inbound lead information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information, and (c) Your use of the Platform and the services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company. Your Account (defined below) or demo pipeline access may be terminated without warning if We, at Our discretion, believe that You are under the age of 18 without lawful guardian consent, or that You are not complying with any applicable laws, rules, regulations, or these Terms of Use.

2. CATEGORIES OF USERS OF THE PLATFORM

For the purposes of these Terms of Use, the Users are categorised and shall broadly carry the meanings as provided hereunder:

• Establishment/s - shall mean hospitals, healthcare clinics, and/or entities who own intensive care units or clinical wards who require the services, telemetry, or remote systems of the Platform. (For the sake of clarity, this Terms of Use is also applicable to the employees, clinicians, contractors, partners or otherwise of the Establishments who use the Platform or the Services of the Company on behalf of the Establishments.)
• Customers - shall mean an individual who avails the services or remote telemetry features of the Company.
• Demo Requestors / Lead Contacts - shall mean hospital administrators, organisational representatives, or professional visitors who utilise the Website's inbound contact interfaces to request product demonstrations or schedule a trial of our tools.

Explanation: The aforementioned categories are for easy reference and illustrative purposes only. A User registered for, or performing, functions as provided above may undertake functions provided in other categories during the period of such User’s use or access of the Platform. As and when a User undertakes functions other than the functions provided by him/her/it before, then, apart from the general terms applicable to him/her/it, such User shall be governed by the specific terms applicable to the new function that he/she/it is performing.

3. ACCEPTANCE OF TERMS

These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, forums, chat, audio, video and file sharing services, clinical streams, various email functions, third party applications, blog links and internet links, and all content and services available through the Platform. These Terms of Use shall also govern all online transactions including financial transactions between the User and the Company.

The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform. In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your Account, trial access, or subscription for the services at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.

The Company provides its services to Customers or Establishments for consideration, which varies as per the specific service agreement between the Company and the Customer/Establishment. The terms of such consideration, including the amount and payment schedule, are detailed in the individual service agreements.

4. LICENCE TO USE

The Company hereby grants You a non-exclusive, revocable, limited licence to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that:

1. You will not copy, distribute, extract, or make derivative works of the Platform or its underlying automated models in any medium without the Company’s prior written consent;
2. You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended healthcare purposes; and
3. You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

5. ACCOUNT & INBOUND DEMO REQUESTS

You need not register with the Company to simply visit or view public components of the Platform, but for availing the clinical services of the Company and to access and participate in certain features of the Platform, you need to create an account ("Account"), or submit verified corporate details through our specialised inbound demonstration interfaces.

To create an account, You must submit Your name, email address, age, gender and such other details as may be requested through the Account registration page on the Platform and create a password. To request an institutional product demonstration, you must accurately fill in the designated interface fields, including Your Name, Work/Professional Email, Hospital / Organisation name, Phone Number, and any optional contextual Message. You agree that You will not misrepresent Yourself, submit mock or fraudulent credentials, or represent Yourself as another natural person, competitor, or corporate entity. Any individual submitting data through the inbound "Schedule a Demo" portal warrants and represents that they possess valid organisational authority to act on behalf of and bind the specified Hospital or Organisation.

Account Creation on Platform: You will need to create a password-protected account specified above and You are solely responsible for safeguarding Your password and keeping Your Passwords secure at all times. You can, and are advised to, change Your Passwords from time to time in order to keep Your Account and Your interactions secured within the Platform. You shall be solely responsible for all activity that occurs on Your Account and You shall notify the Company immediately of any breach of security or any unauthorised use of Your Account. Similarly, You shall never use another's Account without the Company’s explicit permission. You may also login from time to time or change or update Your information by receiving a one-time-password (“OTP”) on Your registered e-mail ID and phone number. It will be Your sole responsibility to maintain the confidentiality and security of any OTP to avoid any misuse of Your Account. You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses or damages caused by an unauthorised use of Your Account.

Profile & Statutory Data Rights: Upon registration and creation of the Account, each User will have access to a profile page (“Profile”), which will contain up-to-date information. In strict compliance with the Digital Personal Data Protection (DPDP) Act, 2023, a User or Data Principal possesses the non-waivable statutory Right to Erasure and Correction. You are entitled to review, update, correct, or request the deletion of your personal data by managing your settings or by writing to radarsupport@cloudphysician.net.

Statutory Exception Clause: User acknowledges and agrees that the complete physical purging of information shall be governed by, and subject to, mandatory retention obligations enforced under prevailing Indian statutes, including but not limited to the National Medical Commission (NMC) guidelines, medical record retention laws, tax regulations, or financial auditing standards. Where the Company is legally required to preserve transaction details, medical histories, invoices, or audit trails for compliance or law enforcement reconciliation, such core data tokens shall be isolated from active operational environments. For any datasets retained subsequent to relationship termination for analytical, quality auditing, product optimisation, or research purposes, the Company guarantees that such metrics shall undergo irreversible, complete Anonymisation, such that the data can no longer identify any specific natural person or individual clinical case under the scope of the DPDP Act.

Account Policies Applicable to Platform: You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

1. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Company’s prior written approval.
2. You shall not take any action that unreasonably encumbers the Platform’s infrastructure; interferes or attempts to interfere with the proper working of the Platform; or bypasses the Company’s measures used to prevent or restrict access to the Platform.
3. Framing, hotlinking, deep-linking, or unauthorised caching of any Contents or live telemetric video feeds from the Platform is strictly prohibited.
4. You agree neither to collect nor harvest any personally identifiable data, including names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.
5. If You provide any information that is untrue, inaccurate, or incomplete, or We have reasonable grounds to suspect so, the Company shall have the right to indefinitely suspend, terminate, or block Your access.

6. COMMUNICATIONS & PROHIBITED POSTINGS

During Your use of any communication channel on the Platform (chat boxes, operational logs, comments), You specifically agree and undertake that You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution (collectively referred to as “Posting”) of any content, including text, medical notations, images, video feeds, sound, data, files or software, “Content” that:

1. Misrepresents the source of anything You post, including impersonation of another individual/clinician or providing inaccurate feedback;
2. Is intended to harm, exploit, or solicit personally identifiable information of any individual under the age of majority;
3. Encourages conduct that would be considered a criminal offensce, give rise to civil liability, or violate any law (including money laundering or corrupt practices);
4. Is blasphemous, pornographic, pedophilic, harassing, hateful, illegal, obscene, defamatory, or otherwise racially, culturally, or ethnically offensive;
5. Threatens the unity, integrity, defence, security or sovereignty of India, its friendly relations with foreign states, or public order;
6. Invades anyone’s privacy by harvesting, storing, or publishing private or personally identifiable information without their explicit, willing consent;
7. Contains software viruses, trojan horses, worms, time bombs, or any other computer code designed to interrupt, destroy, surreptitiously intercept, or limit the functionality of any computer resource or clinical streaming hardware.
   
   

Report Abuse & Feedback: You agree to use prudent judgement when Posting any feedback for the Platform or any other User (“Feedback”). Threatening negative Feedback or manipulating metrics is prohibited. The Company reserves the right to cancel or delete Your Postings, limit Account privileges, suspend Your profile, or report illegal actions to statutory law enforcement authorities. In case of disputes concerning Feedback or user conduct, the Company shall act as the final arbiter.

7. RIGHTS OF THE COMPANY AND OBLIGATIONS OF THE USER

In allowing You to use the Platform, the Company shall retain the following operational rights:

1. To verify and authenticate the identity or institutional credentials of any User via OTP, email verification, or statutory identity checks to prevent fraud and impersonation;
2. To capture, maintain, and store secure audit trails of logins, logouts, user operations, and data submissions to ensure technical compliance and satisfy regulatory security audits;
3. To share or transfer information to authorised third-party data processors, cloud infrastructure networks, or technical vendors solely under comprehensive Data Processing Agreements (DPAs) that legally bind such processors to confidentiality and technical security mandates equivalent to the DPDP Act;
4. To remove offensive, illegal, defamatory, or infringing Content or Postings suo motu and without prior notice to the User.
   
   

8. INTELLECTUAL PROPERTY RIGHTS & AI RESTRICTIONS

Company Property: The Content on the Platform (exclusive of raw data legally owned by patients or Establishments under explicit medical contracts), including without limitation, the text, scripts, software graphics, interface designs, video analytics algorithms, automated co-pilot frameworks, and interactive telemetry dashboard elements (“Company Data”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned exclusively by or licensed to the Company. Company Data and Marks are protected under copyright, trademark, patent, and trade secret laws.

Strict AI Reverse-Engineering Ban: You explicitly acknowledge that the platform incorporates highly specialised, proprietary technology including real-time machine learning architectures and automated clinical video co-pilot models. You are strictly prohibited from using the platform's outputs, text alerts, analytical video overlays, or telemetric data streams to train, fine-tune, benchmark, validate, or develop any competing machine learning models, neural networks, or derivative AI healthcare software. Attempts to decipher, decompile, disassemble, or reverse-engineer any part of the Platform's technical stack shall result in immediate account termination and legal recourse.

Consent and Confidentiality Architecture: In compliance with the DPDP Act, the Company shall never sell, rent, or lease personal identifiers to third parties for independent marketing purposes. User information and telemetry profiles may only be disclosed if required to comply with a legal process, respond to a court order or lawful warrant from a government agency, protect clinical safety, or enforce these Terms of Use. In the event that the Company undergoes a corporate merger, restructure, asset buyout, or legal amalgamation, the datasets containing personal info may be transmitted to the surviving business entity; provided that the successor entity remains legally bound by the same or heightened data protection notice constraints and privacy obligations under Indian law.

9. YOUR REPRESENTATIONS AND WARRANTIES

You acknowledge that the Platform solely serves the purpose of providing tele-ICU related services, developing and licensing healthcare software, and enabling remote clinical support services. By accessing the Platform or submitting an inbound request, you certify that: (a) You have full authority to enter into these Terms of Use, (b) You agree to be bound by all conditions and applicable digital laws, and (c) You are not bound by any past arrangements that conflict with your use of this Platform. If you operate as an Enterprise or Establishment, you warrant that you possess all mandatory clinical permissions, patient disclosures, and institutional consents required to process clinical streams via remote networks.

10. SPECIFIC TERMS APPLICABLE TO CUSTOMERS & ESTABLISHMENTS

You agree to provide accurate, authentic details (such as hospital names, operational contact points, and identity attributes) as required to facilitate the platform's operations. Establishments acknowledge that remote clinical assistance relies upon active, unobstructed data integration pipelines, health records, and audio/video telemetry feeds. In accordance with our DPDP Act Notice, personal data and metadata may be utilised for clinical research, model optimisation, or auditing purposes, provided such information is subjected to strict Anonymisation protocols to eliminate personal identifiers. In the event of any material breach, data falsification, or non-compliance with technical parameters by the User, the Company reserves the immediate right to refuse or suspend services.

11. GENERAL DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, IN CONNECTION WITH THIS PLATFORM, THE DATA MATERIALS, AND THE TECHNICAL INFRASTRUCTURE. THE PLATFORM AND ANY AUXILIARY DISPATCHES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST INTERNAL SYSTEM LATENCY, BUGS, VIRUSES, INTERRUPTIONS OF TELEMETRIC TRANSMISSION, OR ACCIDENTAL TRANSITORY INACCURACIES OF METRIC VISUALIZATIONS.

SPECIAL DISCLAIMER FOR THE AI VIDEO CO-PILOT AND CLINICAL TOOLS: THE CLINICAL PLATFORMS, INCLUDING THE AINA AND RADAR INTERFACES AND THE COMPONENT AUTOMATED AI VIDEO CO-PILOT, ARE DESIGNED AND DELIVERED STRICTLY AS AUXILIARY CLINICAL DECISION-SUPPORT TOOLS. THE CO-PILOT FRAMEWORK PROCESSES REAL-TIME METRICS AS A VOLUMETRIC INFORMATION RESOURCE ONLY AND DOES NOT GENERATE AN INDEPENDENT PRIMARY DIAGNOSIS, NOR DOES IT DIRECTLY PRESCRIBE MANDATORY TREATMENT PATHWAYS.

THE INTERACTION WITH THE PLATFORM’S AI AGENTS DOES NOT SUPPLANT, REPLACE, OR ALTER THE OVERRIDING PROFESSIONAL RESPONSIBILITIES OF HUMAN CLINICIANS. 100% OF THE ULTIMATE CLINICAL ACCOUNTABILITY, DIAGNOSTIC VERIFICATION, MEDICAL INTERVENTION POLICIES, AND PATIENT CARE OUTCOMES RESTS SOLELY AND EXCLUSIVELY UPON THE ON-DUTY, INDEPENDENT REGISTERED MEDICAL PRACTITIONERS (RMPs) AND THE MANAGEMENT OF THE ONSITE ESTABLISHMENT. NO PHYSICIAN-PATIENT RELATIONSHIP IS ESTABLISHED DIRECTLY BETWEEN THE COMPANY AND AN INDIVIDUAL WARD PATIENT VIA THE INTERACTION OF ITS SOFTWARE AUTOMATIONS. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLINICAL COMPLICATIONS, MISDIAGNOSES, TREATMENT DELAYS, OR ONSITE MEDICAL ERRORS OCCURRING FROM RELIANCE UPON OR INTERACTION WITH AI VISUAL OVERLAYS AND TEXT NOTIFICATIONS.

12. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS OR INACCURACIES OF DATA, SYSTEM INTERRUPTIONS, UNAUTHORISED ACCESS TO SERVERS, BUGS, OR TRANSLATION DELAYS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THE PLATFORM OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE COMPANY BY YOU WITH RESPECT TO THE INDIVIDUAL SERVICE UNDER WHICH SUCH LIABILITY AROSE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COGNIZABLE LIABILITIES, AND RECOVERY COSTS (INCLUDING ATTORNEYS' FEES) ARISING FROM YOUR MISUSE OF THE TELEMETRY PIPELINE, BREACH OF PATIENT DISCLOSURE LAWS, VIOLATION OF THESE TERMS OF USE, OR INFRINGEMENT OF ANY PROPRIETARY AI DATA SETS OR THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

13. MODIFICATIONS TO OR TERMINATION OF PLATFORM

The Company reserves the right at any time to modify, temporarily freeze, or discontinue parts of the Platform with or without notice, and assumes no liability for operational changes or workflow modifications.

• Termination by Company: The Company has the right to suspend, terminate, or deactivate Your Account or block Your access immediately and without prior notice if it has reasonable grounds to believe You have violated any technical or legal provision of these Terms of Use.
• Termination by You: You may cancel your use of the platform at any time by sending an explicit notification email to radarsupport@cloudphysician.net with the subject line “Termination of account”.
• Effect of Termination & DPDP Purging: Upon termination, all software licenses granted to You hereunder shall immediately terminate, and You shall cease utilising or accessing any component elements of RADAR or AINA. To ensure compliance with the erasure mandates of the DPDP Act, 2023, the Company shall initiate a structural review of all account-associated Personal Data and purge, overwrite, or completely delete such credentials within a statutory period of 30 days following an account termination request.
  
  Anonymisation Exception: Residual analytical data containing no personal identifiers or completely scrubbed of traces matching a natural person may be retained within the database environment strictly for historical analysis, product stability evaluations, and internal security audits. The Company is under no obligation to return or maintain text strings or custom Content submitted by You after operational profiles have been closed.

14. MISCELLANEOUS & RECUPERATIVE RECOURSE

• Dispute Resolution: If any conflict arises between You and the Company, we strongly encourage You to first contact us directly to seek an amicable resolution via email at radarfeedback@cloudphysician.net or by calling +91-80-2309 2922.
• Governing Law and Jurisdiction: These Terms of Use shall be governed in all respects by the laws of the Republic of India, with primary focus on the DPDP Act, 2023, and the IT Act, 2000. Any legal proceeding arising out of or in connection with this agreement shall fall under the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India.
• No Agency or Partnership: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. You do not possess any authority to bind the Company or assume obligations on its behalf.
• Severability & No Waiver: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity of such section shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No failure by the Company to assert any right under these Terms shall constitute a waiver of such right.
• Entire Agreement: The Terms of Use, read concurrently with the updated Privacy Policy and individual Service Agreements, constitute the entire legal agreement between You and the Company concerning Your use of the Platform.

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