1. Agreement to these terms
These Terms of Service ("Terms") govern access to and use of NivaCare's websites, applications and connected services (together, the "Services"). The Services are developed and operated by Nivaris Healthcare Private Limited ("Nivaris Healthcare Private Limited", "we", "us" or "our").
By accessing or using the Services, creating an account or accepting an order form or customer agreement that refers to these Terms, you agree to them. If you use the Services for an organisation, you confirm that you are authorised to bind that organisation. If you do not agree, do not use the Services.
An executed order form, subscription agreement, data processing agreement or other written customer contract may contain additional terms. If there is a conflict, the signed customer contract controls to the extent of that conflict.
2. Who may use NivaCare
Professional accounts are intended for healthcare organisations, appropriately qualified healthcare professionals and authorised workforce members. Users must provide accurate registration information, meet any applicable professional or legal requirements and use only the role and permissions assigned to them.
Patients and carers may use patient-facing features when invited, registered or otherwise authorised through a participating healthcare organisation. A parent, guardian or authorised representative must act for a person who cannot legally accept these Terms.
3. What the Services provide
NivaCare may support clinical workflow coordination, appointment and patient engagement, ambient documentation, telehealth, remote patient monitoring, connected health records, AI-supported drafting, prioritisation and clinician-guided treatment-response simulation. Features differ by subscription, deployment, location, integration and configuration.
We may improve, replace or discontinue features. Material changes affecting a paid customer will be managed in accordance with the applicable customer agreement.
4. Clinical responsibility and safety
NivaCare is healthcare technology and decision support. It is not a substitute for an appropriately qualified healthcare professional, independent clinical assessment or emergency care. Automated summaries, documentation drafts, alerts, recommendations, risk indicators and simulated treatment responses may be incomplete, delayed or inaccurate.
Healthcare professionals remain responsible for verifying relevant information and for all diagnoses, prescriptions, orders, treatment decisions, communications and final clinical documentation. Organisations are responsible for appropriate supervision, escalation pathways, staffing and review of AI-supported outputs before clinical use.
Do not use NivaCare as the sole method of identifying or responding to an emergency. Patients experiencing an emergency should contact local emergency services or seek immediate clinical assistance.
5. Artificial intelligence information disclaimer
The Platform is intended to support, and not replace, the clinical judgment of qualified healthcare professionals. All diagnoses, treatment decisions, prescriptions and patient management remain the sole responsibility of the treating healthcare professional.
AI information disclaimer
The Services incorporate artificial intelligence ("AI") technologies to assist in the generation, organisation, summarisation and analysis of healthcare-related information. While reasonable efforts are made to support the accuracy and reliability of AI-generated outputs, those outputs may contain errors, omissions, inaccuracies or outdated information.
AI-generated content is provided for informational and clinical-support purposes only and must not be relied upon as the sole basis for any medical, clinical, legal or business decision.
No warranty of AI output
We do not warrant, represent or guarantee that any AI-generated recommendation, summary, prediction, transcription, interpretation or other output is accurate, complete, reliable or suitable for any particular purpose.
Users acknowledge that AI technologies are probabilistic in nature and may generate incorrect or misleading information.
Clinical responsibility
Healthcare professionals remain solely responsible for:
- verifying the accuracy of all AI-generated information;
- exercising independent clinical judgment;
- reviewing all relevant patient information before making clinical decisions; and
- complying with applicable clinical guidelines and professional standards.
Nothing generated by the Services replaces professional medical judgment.
User verification requirement
Users are responsible for independently reviewing, validating and verifying all AI-generated outputs before relying on them or communicating them to patients or third parties. The Services are intended as decision-support tools and not autonomous decision-making systems.
Limitation of liability for AI outputs
To the maximum extent permitted by applicable law, we will not be liable for any loss, injury, damage, claim, liability or expense arising directly or indirectly from:
- inaccuracies or errors in AI-generated content;
- omissions or incomplete AI outputs;
- hallucinations or incorrect AI responses;
- reliance placed upon AI-generated recommendations;
- interruption or unavailability of AI services; or
- decisions made wholly or partly using AI-generated information.
Subject to rights and liabilities that cannot lawfully be excluded or limited, users assume responsibility for their use of AI-generated content.
Third-party AI services
The Services may use third-party artificial intelligence models and services supplied by external technology providers. We do not control or guarantee the performance, accuracy or availability of those third-party AI services and, to the maximum extent permitted by law, are not responsible for errors, delays or failures attributable to them.
Continuous improvement
AI models continually evolve and may change over time. Outputs generated by the Services may differ for the same inputs as AI technologies are updated or improved. We reserve the right to modify, replace or discontinue AI features at any time, subject to any notice obligations in an applicable customer agreement or under law.
Indemnity
To the maximum extent permitted by applicable law, the user agrees to indemnify and hold harmless Nivaris Healthcare Private Limited, its directors, officers, employees and affiliates against claims, damages, liabilities, costs or expenses arising from:
- reliance on AI-generated content;
- failure to verify AI-generated information;
- clinical, legal or business decisions made using AI outputs; or
- misuse of the Services.
6. Organisation and user responsibilities
You and the organisation responsible for your account must:
- use the Services only for lawful healthcare, operational or authorised personal purposes;
- ensure that information entered or connected is reasonably accurate and that you have authority to process it;
- provide required notices and obtain valid patient consent or other lawful authority for documentation, telehealth, monitoring, communications, recordings and data exchange;
- maintain appropriate clinical governance, professional registration and insurance;
- review user access promptly when responsibilities change or employment ends;
- comply with applicable law, professional standards, customer policies and integration requirements; and
- notify us promptly of suspected security incidents, unauthorised access or material errors affecting the Services.
7. Accounts and security
Account credentials are personal to the authorised user and must not be shared. You are responsible for activity carried out through your account unless caused by our failure to use reasonable security measures. You must protect authentication devices, use supported software and promptly report suspected compromise. We may require password resets, multi-factor authentication or other reasonable safeguards.
8. Patient information, privacy and consent
Our handling of personal information is described in the NivaCare Privacy Policy and, where applicable, a customer data processing agreement. Healthcare organisations control their clinical records and determine authorised access and retention, subject to law and their agreement with us.
ABHA linking or exchange through ABDM-compatible services must follow the applicable consent workflow. Users must not attempt to bypass patient choice, access controls, audit mechanisms or restrictions imposed by connected services.
9. Acceptable use
You must not, and must not assist another person to:
- access an account, patient record or system without authority;
- upload unlawful, misleading, malicious or infringing content;
- interfere with security, availability, rate limits, monitoring or other users;
- introduce malware or use the Services to send spam, harassment or deceptive communications;
- reverse engineer, decompile, scrape or systematically extract the Services except where law expressly permits and that permission cannot be excluded;
- use NivaCare to build or benchmark a competing product without written permission;
- misrepresent AI-supported output as independently verified clinical fact; or
- use the Services in a way that violates privacy, health, consumer, communications, intellectual-property or professional-practice requirements.
10. Telehealth, devices and third-party services
Telehealth quality depends on connectivity, device capability, user environment and provider availability. Remote-monitoring readings can be interrupted, delayed or affected by device performance and patient use. Participating healthcare organisations determine which readings are reviewed, when they are reviewed and how escalation occurs.
The Services may connect to third-party clinical systems, devices, communications providers, payment services or government-supported infrastructure. Third-party services are governed by their own terms and policies. We are not responsible for their independent acts, content, availability or changes, but we will meet obligations expressly stated in an applicable customer agreement.
11. Fees and subscriptions
Fees, taxes, subscription periods, usage limits, renewal and cancellation terms are set out in the applicable order form or customer agreement. Unless that agreement states otherwise, fees are non-refundable except where required by law. Failure to pay undisputed amounts may result in restricted or suspended access after reasonable notice.
12. Intellectual property and customer content
Nivaris Healthcare Private Limited and its licensors retain all rights in the Services, software, designs, documentation, models, trademarks and related technology. Subject to payment and compliance with these Terms, we grant authorised users a limited, revocable, non-exclusive, non-transferable right to use the Services during the applicable subscription.
As between the parties, the customer or relevant individual retains rights in information and content submitted to the Services. You grant us the rights necessary to host, process, secure, transmit and support that content for the Services and other purposes expressly permitted by the customer agreement and Privacy Policy.
If you provide feedback, you permit us to use it without restriction or payment, provided we do not publicly identify you as the source without permission.
13. Service availability and support
We aim to provide reliable Services but do not promise uninterrupted or error-free availability unless a signed agreement includes a service level. Maintenance, security events, internet failures, third-party services and circumstances outside reasonable control may affect access. Users should maintain clinically appropriate downtime and continuity procedures.
14. Suspension and termination
We may suspend or restrict access where reasonably necessary to protect patients, users or the Services; investigate suspected misuse or security risk; comply with law; or address a material breach or non-payment. Where practicable, we will provide notice and an opportunity to remedy the issue.
Termination and data return or export are governed by the customer agreement and applicable law. Provisions concerning intellectual property, confidentiality, accrued payment obligations, disclaimers, liability, disputes and other terms that by their nature should continue will survive termination.
15. Disclaimers
To the maximum extent permitted by applicable law, and except for warranties expressly stated in a signed customer agreement, the Services are provided "as available". We disclaim implied warranties including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that AI-supported outputs, connected data, third-party information or simulations will be complete, clinically appropriate for a particular patient or predictive of an actual outcome.
Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.
16. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, punitive or consequential loss, or loss of profits, revenue, goodwill or anticipated savings. Any additional liability limits, exclusions and remedies applicable to a customer are set out in the signed customer agreement.
Nothing in these Terms limits liability where it cannot legally be limited, including liability arising from fraud or other matters for which applicable law prohibits exclusion.
17. Communications
We may send operational, security, support and account communications through email, telephone, SMS, in-product notifications or other channels selected by the organisation. Where promotional communications are sent, recipients may opt out using the message instructions or by contacting us. Opting out of marketing does not stop essential service communications.
18. Governing law and disputes
Unless a signed customer agreement states otherwise, these Terms are governed by the laws of India. Courts with competent jurisdiction in Bengaluru, Karnataka will have jurisdiction, subject to any mandatory rights or dispute process that applies under law.
19. General provisions
If part of these Terms is found unenforceable, it will be limited to the minimum necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a reorganisation, financing, merger or transfer of the relevant business. These Terms do not create employment, agency, partnership or joint venture.
20. Changes to these terms
We may update these Terms to reflect changes to the Services, law or risk controls. We will revise the effective date and provide additional notice of material changes where reasonably appropriate. Continued use after updated Terms take effect constitutes acceptance, unless an applicable customer agreement provides another process.
21. Contact
Nivaris Healthcare Private Limited
Bengaluru, Karnataka, India
Email: info@nivacare.ai
Support enquiries: support@nivacare.ai
Website: nivarishealth.com