Terms of Service

1. Acceptance of Terms & DPA Integration

These Terms of Service ("Terms") constitute a legally binding agreement between you (or the hospital, clinic, or medical entity you represent, the "Customer") and Eldovian Technologies (collectively operating as Eldovian, pending formal incorporation as Eldovian Technologies Private Limited, India, represented by its co-founders Vinay Singh B, Sureshwar Udayashankar, and Prem Kumar who are jointly and severally bound).

Bilateral DPA Incorporation: These Terms explicitly incorporate by reference our bilateral Data Processing Agreement (DPA) and Privacy Policy. By registering a workspace, validating a Pilot Access Code, or using the platform, the Customer and Eldovian Technologies formally execute and bind themselves to the DPA, satisfying all legal requirements for written data processor agreements under HIPAA and the Indian Digital Personal Data Protection (DPDP) Act 2023.

2. Clinical Platform Services & Operational Scope

Eldovian Desk provides next-generation healthcare operations software, including:

• Outpatient (OPD) Consultation Engine: Queue management, digital EMR charts, vital tracking, and prescription management.
• Inpatient (IPD) Admissions & Bed Management: Visual ward occupancy maps, admission records, and patient transfers.
• Nurse Tasks & e-MAR Medication Administration: Shift logs, medication schedules, and clinical progress reports.
• AI Clinical Scribing & Inpatient Rounds: Assistive ambient speech-to-text drafting for outpatient encounters and daily ward rounds (when subscribed or pilot-bundled).
• Hospital Billing & Inventory: Invoicing, pharmacy drug stock tracking, and DICOM PACS lab report attachments.

3. Clinical Discretion & Doctor Responsibility

The platform incorporates assistive utilities such as Drug-Drug Interaction (DDI) indicators, dosage guidelines, and AI summary generators. The Customer expressly acknowledges:

• All clinical alerts, interaction warnings, and suggested dosage ranges are advisory reference tools and may not encompass every clinical nuance or rare contraindication.
• The treating physician must personally evaluate and verify every medical prescription, inpatient round note, and discharge summary before executing treatment.
• Eldovian Technologies disclaims all liability for diagnostic inaccuracies, adverse drug reactions, treatment errors, or patient harm resulting from reliance on platform software or AI output.

4. Staff Accounts, Role-Based Access & Security

Clinic administrators are responsible for configuring accurate role assignments (admin, doctor, nurse, receptionist, pharmacist) for their staff members.

You agree to maintain the strict confidentiality of all login credentials, mandate strong passwords, enforce multi-factor authentication where available, and promptly deactivate accounts of departed staff. You are solely responsible for all activities occurring under your clinic workspace credentials.

5. Subscriptions, Trials, Pilot Codes & Payments

• Clinical Pilot Program: During the private beta period, verified clinics access the platform using a Pilot Access Code for the designated trial duration at ₹0 subscription fee.
• Commercial Subscriptions: Commercial plans are billed on a recurring monthly basis:
  • Desk Core EHR: ₹7,999/month (includes 2 doctor seats, up to 15 IPD beds, unlimited support staff). Additional doctor seats are billed at +₹1,499/doctor/month.
  • Full Suite Bundle: ₹14,999/month (includes 5 doctor seats with full AI Outpatient Scribe, up to 30 IPD beds, unlimited support staff). Additional doctor seats are billed at +₹2,499/doctor/month.
• Taxes & Non-Refundability: All subscription fees are exclusive of applicable taxes (GST) unless stated otherwise. All paid subscription charges are non-refundable once billed, except as expressly required by applicable consumer law.
• Pricing Changes:Eldovian Technologies reserves the right to modify subscription pricing upon at least thirty (30) days' advance written notice.

6. Acceptable Use & Prohibited Conduct

You agree NOT to:

• Use Eldovian Desk for any unlawful purpose or in violation of National Medical Commission (NMC) ethics.
• Decompile, reverse-engineer, disassemble, or attempt to extract source code from the platform.
• Process patient personal data without obtaining appropriate patient informed consent under the DPDP Act 2023.
• Circumvent doctor seat quotas, share individual clinician logins among multiple practitioners, or bypass access controls.
• Introduce malicious code, viruses, or automated scraping scripts against Eldovian infrastructure.

7. Patient Data Ownership & Sovereign Data Hosting

100% Customer Data Ownership: The Healthcare Facility retains sole, unencumbered ownership of all Patient Protected Health Information (PHI), medical records, prescription histories, and clinical files entered into Eldovian Desk.

Sovereign Hosting & Encryption: All primary database storage, application endpoints, and audit logs are hosted strictly in the AWS Asia Pacific (Mumbai) region (ap-south-1). Demographic identifiers are encrypted with AES-256 before disk storage.

8. NMC Medical Record Retention & Archiving

In accordance with National Medical Commission (NMC) regulations, medical practitioners must maintain clinical patient records for a minimum of three (3) years from the commencement of treatment. Eldovian Desk provides structured archiving tools and soft-delete protections to assist clinicians in fulfilling these mandatory retention requirements.

9. Intellectual Property Rights

Eldovian Desk, including all software architecture, database schemas, user interfaces, branding, logos, and proprietary algorithms, is the exclusive intellectual property of Eldovian Technologies. No ownership rights in the platform or underlying code are transferred to the Customer under these Terms.

10. Limitation of Liability & Indemnification

• Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, punitive, or consequential damages, or loss of clinical profits or revenue.
• Aggregate Liability Cap: Eldovian Technologies' total cumulative liability arising out of or related to these Terms shall not exceed INR 50,000 (Rupees Fifty Thousand) or the total fees paid by the Customer in the preceding three (3) months, whichever is lower.
• Customer Indemnity: The Customer agrees to defend, indemnify, and hold harmless Eldovian Technologies against any third-party claims, liabilities, or penalties arising from clinical treatment decisions, patient consent failures, or unauthorized credential sharing.

11. Term, Suspension & Termination

Either party may terminate a subscription upon fourteen (14) days' written notice. Eldovian Technologies may immediately suspend or terminate workspace access in the event of a material breach of these Terms, non-payment, or security compromise.

Upon account closure, the Customer may export all clinical records in standard formats. Operational data is subsequently purged in accordance with our Data Processing Agreement.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of these Terms shall first be addressed through fifteen (15) days of good-faith mutual negotiations.

Unresolved disputes shall be finally resolved through binding arbitration in Bengaluru, Karnataka, India under the Arbitration and Conciliation Act, 1996, before a sole arbitrator. The language of arbitration shall be English.

13. Corporate Succession & Assignment

Eldovian Technologies may assign its rights and obligations under these Terms to a successor entity upon formal corporate incorporation as Eldovian Technologies Private Limited, fully releasing individual co-founders from personal liability upon written notice.