Terms and Conditions
Last updated: [DATE]
Version: 1 (informational only — the enforced value is CURRENT_TERMS_VERSION in lib/terms.ts. Whenever this content changes materially, bump that constant AND update this line to match, in the same commit.)
DRAFT NOTICE: This is a starting draft written to be structurally complete and India/DPDP-aware. It is not a substitute for review by a lawyer familiar with Indian healthtech, medical liability, and the DPDP Act 2023. Do not treat this as final until reviewed.
1. Acceptance of Terms
By creating an account and using OncoLedger ("the Service," "we," "us"), operated by [LEGAL ENTITY NAME] ("the Company"), you ("Doctor," "you") agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree, do not use the Service.
2. Description of Service
OncoLedger is a patient follow-up tracking and reminder tool designed for oncology surgeons. The Service helps you:
- Record patient and surgical/oncological condition details you choose to enter
- Generate follow-up schedules based on protocol templates you select or customize
- Send appointment reminders to patients via WhatsApp, SMS, or email
OncoLedger is administrative and organizational software. It is not a medical device, does not provide medical advice, and does not make clinical decisions. All clinical judgment, diagnosis, treatment decisions, and the accuracy of any protocol or schedule remain solely your responsibility as the treating physician.
3. Eligibility
The Service is intended for use by licensed medical practitioners, primarily oncology surgeons, and their authorized clinical/administrative staff acting under their supervision. By registering, you represent that you hold a valid medical license to practice in your jurisdiction.
4. Your Responsibilities
- You are responsible for the accuracy of all patient and clinical data you enter.
- You must obtain appropriate patient consent before entering any patient's personal or health information into the Service, in accordance with applicable law.
- You are responsible for reviewing and, where necessary, customizing any protocol-generated follow-up schedule to match your independent clinical judgment for each patient. Default protocol templates are generic starting points, not clinical recommendations specific to any patient.
- You must maintain the confidentiality of your account credentials and notify us promptly of any unauthorized access.
- You must not use the Service to store or transmit any information beyond what is reasonably necessary for patient follow-up care.
5. Data Roles Under the DPDP Act, 2023
For personal and health data of your patients that you enter into the Service:
- You (the Doctor) are the Data Fiduciary — you determine the purpose and means of processing your patients' personal data, and are responsible for obtaining valid patient consent.
- The Company acts as a Data Processor, processing patient data solely on your instructions, to provide the Service (storage, schedule generation, reminder delivery).
We do not use patient data for any purpose other than providing the Service to you, and we do not sell or share patient data with third parties except service providers strictly necessary to operate the Service (e.g., messaging providers for delivering reminders), as described in our Privacy Policy.
6. Data Hosting and Security
Patient data is hosted on infrastructure located in India. We apply industry-standard security measures including encryption in transit and at rest, and access controls restricting each doctor's data to their own account. No security measure is perfect; see Section 8 (Limitation of Liability).
7. Reminders and Communication
Reminder messages sent to patients are worded neutrally and do not disclose diagnosis or treatment details, to protect patient privacy in shared-phone or shared-household situations. You are responsible for ensuring patient contact details are accurate and that patients (or their authorized caregivers) have consented to receive such communications.
8. Limitation of Liability and Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR MEDICAL OR CLINICAL PURPOSE.
THE COMPANY IS NOT LIABLE FOR ANY MISSED FOLLOW-UP, ADVERSE PATIENT OUTCOME, OR CLINICAL DECISION MADE IN RELIANCE ON SCHEDULES, REMINDERS, OR DATA GENERATED BY THE SERVICE. THE SERVICE IS A TRACKING AID; IT DOES NOT REPLACE THE TREATING PHYSICIAN'S INDEPENDENT CLINICAL JUDGMENT, MEDICAL RECORD-KEEPING OBLIGATIONS, OR DUTY OF CARE TO PATIENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM USE OF THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Fees
[TO BE COMPLETED once pricing is finalized — subscription fee, billing cycle, refund policy, what happens to data access if payment lapses.]
10. Termination and Data on Exit
Either party may terminate this agreement at any time. Upon termination:
- You may export your patient data in a standard format (e.g., CSV) for a period of [30/60/90] days after termination.
- After this period, patient data will be permanently deleted from our systems, except where retention is required by law.
- You remain responsible for maintaining your own medical records independent of this Service, as required by applicable medical record-keeping regulations.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will require you to re-accept the updated Terms before continuing to use the Service. Your acceptance, including the version and timestamp, is recorded against your account.
12. Governing Law
These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of [CITY, e.g., Chennai / your registered LLP's jurisdiction].
13. Contact and Grievances
For questions about these Terms, or to raise a grievance regarding your data, contact:
Grievance Officer: [NAME] Email: [EMAIL] Address: [REGISTERED ADDRESS]
Placeholders in [BRACKETS] must be completed before this document is used in production. This draft has not been reviewed by a lawyer.