Terms & Conditions

Scope

These Terms & Conditions (“Terms”) form a binding agreement between you and OGA Care (“OGA Care”, “we”, “us”, or “our”) and govern your access to and use of the OGA Careplatform (the “Services”).

By creating an account, accepting an invitation, or otherwise using the Services, you agree to these Terms. If you accept on behalf of an organisation, you represent that you have authority to bind that organisation. Please also review our Privacy Policy, our Cookie Policy, and our Clinical Disclaimer.

1. Definitions

• Customer / Tenant— the organisation that has subscribed to the Services.
• Authorised User— an individual granted access under a Customer’s account (admin, staff, clinician).
• End Patient— an individual whose information is processed within a Customer workspace.
• Subscription— a paid or free plan that grants the Customer the right to use the Services.
• Customer Data— data the Customer or its Authorised Users submit to or generate through the Services.

2. Eligibility and Account Registration

• You must be at least the age of majority in your jurisdiction (and in any event at least 18 years of age).
• You must provide accurate, current, and complete information when registering.
• You must keep your credentials secure and notify us promptly of any unauthorised access at support@ogacare.in.

Authentication is provided through Clerk. You are responsible for activity that occurs under your account, except to the extent caused by our breach of these Terms.

3. The Services

OGA Care provides a multi-tenant SaaS platform that helps healthcare organisations manage patients, appointments, billing, subscriptions, staff, and related workflows.

Not a medical device or clinical decision-maker. OGA Care is an administrative and workflow platform. It does not provide medical advice, diagnoses, or treatment recommendations. Clinical decisions remain the sole responsibility of qualified healthcare professionals. See our Clinical Disclaimer.

4. Customer Responsibilities

You are responsible for:

• Lawful use of Customer Data, including all rights and consents needed to process patient information.
• Compliance with healthcare regulations applicable to your operations (including, as relevant, HIPAA, the GDPR, and India’s Digital Personal Data Protection Act, 2023).
• Managing Authorised Users — provisioning, role assignment, and prompt deprovisioning.
• Configuring the platform appropriately for your workflows.
• Keeping billing and contact information accurate.

You agree not to:

1. Violate any law or third-party right.
2. Upload malicious code or attempt to bypass security.
3. Reverse engineer, decompile, or derive source code, except where the law expressly permits.
4. Resell, sublicense, or white-label the Services without our prior written consent.
5. Make automated clinical or treatment decisions without qualified human oversight.

5. Subscriptions, Billing, and Payments

5.1 Plans and Fees

Plans, features, and fees are described at the point of purchase. Fees are exclusive of taxes unless stated otherwise.

5.2 Billing

Subscription billing is handled by Razorpay. By subscribing, you authorise us and Razorpay to charge your payment method on a recurring basis until cancellation.

5.3 Renewals

Subscriptions renew automatically unless cancelled before the end of the current period.

5.4 Failed Payments

We may suspend paid features after reasonable notice. Continued non-payment may result in termination.

5.5 Refunds

Except where required by law, fees are non-refundable. Refunds, cancellations, and related timelines are governed by our Refund Policy.

5.6 Price Changes

We may change pricing for future billing periods with at least 30 days’ notice.

6. Customer Data and Privacy

As between you and us, you retain all rights in Customer Data. You grant OGA Care a worldwide, non-exclusive, royalty-free licence to host, process, and transmit Customer Data solely as needed to provide the Services, comply with law, and protect the platform.

Where Customer Data includes personal data, we act as your processor (and, where applicable, your Business Associate). Our processing is governed by our Privacy Policy, our Data Processing Agreement, and (where relevant) a signed BAA.

We may generate aggregated or de-identified data that does not identify any individual or Customer and use it for benchmarking and product improvement.

The Services include an optional AI Clinical Assistant. It processes only the de-identified clinical context a clinician supplies and never receives patient name, email, phone, or other direct identifiers.

Note: AI analysis is performed without collecting or processing patient personal information such as name, email address, phone number, or other identifying details.

7. Third-Party Services

The Services integrate with third-party providers such as Clerk (authentication) and Razorpay (payments). Your use of those services is also subject to their respective terms.

8. Intellectual Property

We own all rights in the Services. Subject to your compliance and timely payment, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business operations. Feedback you provide may be used freely to improve the Services.

9. Suspension and Termination

You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access if:

• You materially breach these Terms and fail to cure within 30 days of notice.
• Your payment is overdue.
• Your use poses a security, legal, or operational risk.
• Required by law.

Upon termination, your access ends. We retain Customer Data for the export window described in our Privacy Policy, after which the data is deleted or anonymised, unless law requires longer retention (records subject to statutory retention are held for up to 7 years).

10. Service Levels and Availability

We strive to keep the Services available and performant. Planned maintenance, security incidents, force majeure events, or third-party outages may occasionally disrupt access. A separate Service Level Agreement (SLA) applies to qualifying Customers where agreed in writing.

11. Confidentiality

Each party may receive non-public information from the other. The receiving party will use such information only as needed under these Terms, protect it with at least the same care it uses for its own confidential information (and not less than reasonable care), and not disclose it except to personnel and advisors who need to know.

12. Disclaimers

The Services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied. OGA Care is not a substitute for professional medical judgment.

13. Limitation of Liability

• Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
• Each party’s aggregate liability will not exceed the amounts paid by the Customer to OGA Care for the Services in the twelve (12) months preceding the claim.

These limitations do not apply to indemnification obligations, breach of confidentiality, IP infringement, or liabilities that cannot be limited by law.

14. Indemnification

You agree to indemnify OGA Careagainst claims arising from your use of the Services in violation of these Terms, your Customer Data, or breach of your obligations. We will indemnify you against third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe a third party’s intellectual property rights, subject to customary limitations.

15. Compliance with Law

You will comply with all laws applicable to your use of the Services.

16. Modifications to These Terms

For material changes, we will provide notice at least 30 days before the changes take effect. Continued use after the effective date constitutes acceptance.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. Subject to any applicable arbitration agreement, the parties submit to the exclusive jurisdiction of the competent courts of India for any dispute arising out of or relating to these Terms.

18. Complaints and Grievances

If you have a complaint about the Services or how your information is handled, please contact us at support@ogacare.in. Complaints relating to content, privacy, or your rights as a data principal may be escalated to our Grievance Officer — see the Grievance Officer page for the redressal process and timelines.

19. Miscellaneous

• Entire Agreement. These Terms, with any applicable order form, DPA, BAA, or SLA, constitute the entire agreement.
• Assignment. You may not assign without consent, except to a successor.
• Severability. Unenforceable provisions do not affect the rest.
• No Waiver. Failure to enforce a right is not a waiver.
• Notices. Legal notices to us must be sent to support@ogacare.in.
• Force Majeure. Neither party is liable for delays beyond reasonable control.

20. Contact Us

OGA Care
General: support@ogacare.in
Legal: support@ogacare.in
Security: support@ogacare.in