Terms & Master Service Agreement
Terms of Service
Master Service Agreement, Clinical Covenants, Acceptable Use Rules, and Data Processing Terms governing the MedBharat healthcare platform.
MedBharat is an EMR software infrastructure provider. We do not practice medicine or dispense physician diagnostic judgment.
Covenant against patient poaching: MedBharat never sells or shares patient rosters to competing clinics or third-party marketing brokers.
Instant self-service tools for Download Health Record (PDF / JSON) and account closure under GDPR & DPDP Act.
Acceptance of Terms & Medical Licensure
These Terms of Service (“Terms” or “TOS”) govern the access and use of the MedBharat multi-tenant clinical software, mobile applications, patient portals, and APIs (collectively, the “Platform”) operated by MedBharat Healthcare Technologies (“MedBharat”, “we”, “us”).
By creating an account, onboarding a clinic, subscribing to a software plan, or accessing patient records, you agree to be legally bound by these Terms and our incorporated Privacy Policy and Cookie Policy.
Doctors registering on MedBharat explicitly represent and warrant that they hold valid medical credentials registered with the National Medical Commission (NMC), relevant State Medical Council, or competent national medical licensing authority, and that there are no legal or disciplinary impediments restricting their practice of medicine.
Clinical & Medical Disclaimer
IMPORTANT NOTICE CONCERNING CLINICAL RESPONSIBILITY
MedBharat is an Electronic Medical Records (EMR) and hospital practice management software. MedBharat does not practice medicine, provide physician advice, evaluate clinical necessity, or make treatment decisions.
All clinical prescriptions, lab order interpretations, medicine dosages, surgical recommendations, and diagnostic findings remain the independent, professional legal responsibility of the treating licensed healthcare practitioner.
In medical emergencies, patients must immediately contact emergency medical services (such as 112 or 911) or proceed to the nearest emergency room. MedBharat is not an emergency response dispatch service.
Doctors & Clinical Staff Obligations
Doctors, clinic administrators, and hospital staff utilizing MedBharat agree to:
Obtain appropriate patient consent before uploading, charting, or sharing personal health records, diagnostic scans, or demographic details on the Platform.
Maintain the absolute confidentiality of account credentials. Multi-factor authentication (MFA) must be maintained on all clinical accounts. Sharing staff login credentials across individuals is strictly prohibited.
Observe all applicable statutory patient confidentiality obligations (including Indian Medical Council Professional Conduct Regulations and HIPAA guidelines). Staff access to patient records must strictly follow the minimum-necessary rule.
Platform Use Restrictions & Anti-Abuse Rules
Users shall not, and shall not permit or assist any third party to:
Reverse Engineering & Copying: Copy, decompile, disassemble, or attempt to derive the underlying source code, architectural schemas, or proprietary algorithms of MedBharat.
Automated Scraping & Bots: Use spiders, web crawlers, scrapers, deep-link bots, or automated extraction tools to harvest medical records, pricing tables, or doctor directories.
Vulnerability Probing & Security Bypass: Probe, scan, or test the vulnerability of the Platform, attempt to bypass PostgreSQL Row-Level Security filters, or breach cryptographic authentication measures without express written permission.
Competitive Development: Access the Platform or API documentation in order to build a directly competitive hospital management or EMR software product.
Confidentiality & Anti-Poaching Guarantee
MedBharat explicitly covenants that it shall never disclose a doctor's or hospital's patient data to other doctors, clinics, or hospitals. MedBharat shall not engage in any activity that could be construed as “patient poaching” or commercial solicitation.
Patient data is stored in isolated tenant database partitions protected by Row-Level Security (RLS) and AES-256 encryption. Staff roles (admin, doctor, frontdesk, lab, IPD) are enforced strictly at the database query level.
Data Ownership & De-Identified Data
Hospitals and Patients retain all ownership, rights, and title in the personal health data they provide to the Platform, subject to the limited license granted to MedBharat to host and process such data for healthcare delivery.
“De-Identified Data” means statistical metrics processed to permanently strip direct and indirect identifiers such that no individual can be identified or re-identified. As between MedBharat and Users, MedBharat owns the aggregated benchmarks, system usage insights, and statistical models derived from de-identified data.
Patient Portal & Teleconsultations
Patients utilizing the online portal agree to:
- Provide accurate biological demographics, allergy notices, and contact numbers for medical safety.
- Understand that appointment slot bookings via the portal occupy scheduling intervals and remain subject to clinic triage.
- Teleconsultation Limitations: Remote video consultations (conducted over WebRTC) cannot replace in-person physical clinical examinations where recommended by the attending doctor.
- Consultation Recording Notice: Doctors may choose to record a teleconsultation for medico-legal documentation; patients will receive visual on-screen notice whenever recording is enabled.
Data Processing Agreement (GDPR Art. 28 & DPDP Act)
This Section serves as a binding Data Processing Agreement between the Hospital (Data Controller / Fiduciary) and MedBharat (Data Processor):
- Processing Instructions: MedBharat processes personal health data solely on documented instructions from the Hospital.
- Confidentiality of Personnel: All MedBharat personnel authorized to process health data are committed to statutory non-disclosure.
- Security Safeguards: MedBharat implements Row-Level Security, TLS 1.3 transit encryption, AES-256 rest encryption, and regular vulnerability audits.
- Assistance with Data Subject Rights: MedBharat provides automated tools for Data Portability (Export JSON) and Account Erasure to assist hospitals in fulfilling legal requests.
Communications & TRAI DND Compliance
You agree to receive communications regarding clinical appointments, OTP authentications, Rx downloads, and diagnostic lab notifications via SMS, WhatsApp, and email.
In compliance with the Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI), each booking, visit, or portal login constitutes a verifiable service request. You consent to receive these essential transactional alerts even if your phone number is registered on the National Do Not Disturb (DND/NCPR) registry.
Account Deletion & Data Portability
Patient Rights: Patients may close their portal account at any time via Settings → Delete Account, which permanently terminates credentials and active sessions.
Data Export: Patients can obtain an immediate, human-readable medical summary (PDF) or raw machine-readable data (JSON) via Settings → Download Health Record.
Hospital Termination Export: Upon termination of a hospital subscription, MedBharat provides administrative data export utilities to enable the clinic to download clinical records to fulfill their statutory medical-legal retention obligations.
Subscriptions & Billing Terms
Hospital subscriptions are billed on a recurring monthly or annual basis as specified in your subscription agreement. Fees are non-refundable once an operational billing cycle has commenced. MedBharat does not sell third-party banner advertisements within the core clinical charting interface.
Indemnification & Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall MedBharat, its officers, or cloud partners be liable for lost profits, medical malpractice claims, clinical outcomes, or indirect damages. Direct aggregate liability shall not exceed the subscription fees paid by the customer in the three (3) months preceding the claim.
Hospitals agree to defend and indemnify MedBharat against third-party claims arising from a failure to obtain valid patient consent, unauthorized staff credential disclosure, or professional medical negligence.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any legal dispute, controversy, or claim arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts at Bengaluru, Karnataka, India.
Legal Notices & Grievance Contact
MedBharat Legal & Compliance Directorate
Legal Inquiries: legal@medicus.app
Grievance Officer: grievance.officer@medicus.app
Platform: MedBharat Multi-Tenant Healthcare Management System