Terms and Conditions

Last updated: January 29, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the website www.nirvikara.com (the “Website”) and the SaaS healthtech infrastructure and related services provided by Nirvikara HealthAI Services Private Limited (“Nirvikara”, “we”, “our”, “us”) (the “Service”). By accessing the Website or using the Service you agree to be bound by these Terms. If you do not agree, do not access the Website or use the Service.

• Nirvikara means Nirvikara HealthAI Services Private Limited, a company incorporated under the laws of India.
• You means the individual or entity accessing the Website or using the Service.
• Content means all information, data, text, software, code, scripts, graphics, or other materials made available on or through the Website or Service.
• User Content means any content you submit, upload, or otherwise make available through the Website or Service.

• You must be legally capable of entering into binding contracts to use the Service.
• When you register for an account you must provide accurate, current, and complete information and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorised use.

You may use the Website and Service only for lawful purposes and in compliance with these Terms. You agree not to:

• Violate any applicable local, national, or international law or regulation.
• Damage, disable, overburden, or impair the Website, Service, or any systems or networks connected to them.
• Attempt to gain unauthorised access to any part of the Website, Service, or related systems.
• Upload, post, or transmit content that is unlawful, harassing, defamatory, obscene, fraudulent, or otherwise objectionable.
• Use automated means (robots, spiders, scrapers) to access the Website or Service without our prior written permission.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software comprising the Service.
• Impersonate any person or entity or misrepresent your affiliation.

• You are solely responsible for all User Content you submit. You represent and warrant that you own or have the necessary rights to submit such content.
• By submitting User Content you grant Nirvikara a non‑exclusive, royalty‑free, worldwide, transferable, sublicensable licence to use, reproduce, modify, publish, distribute, and display the User Content solely to operate, provide, and improve the Website and Service.
• Nirvikara does not claim ownership of User Content. Nirvikara may remove or refuse any User Content that violates these Terms or applicable law.

• All rights, title and interest in and to the Website, Service, and Content (excluding User Content) are owned by Nirvikara or its licensors and are protected by Indian and international intellectual property laws.
• You may not copy, modify, distribute, sell, lease, or create derivative works of the Website or Service, nor remove or alter any proprietary notices.
• Nirvikara and the Nirvikara logo are trademarks of Nirvikara. You may not use them without our prior written permission.

• Nirvikara may provide the Service using third‑party cloud, analytics, communications, and other service providers. Use of third‑party services is subject to their terms.
• The Website may contain links to third‑party websites. Nirvikara is not responsible for third‑party content or practices.

• If you subscribe to paid features, you agree to pay applicable fees and taxes. Payment terms, billing cycles, and refund policies will be set out in the applicable order form or subscription agreement.
• Nirvikara may suspend or terminate paid services for non‑payment in accordance with the applicable agreement.

• THE WEBSITE AND SERVICE ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT.
• Nirvikara DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
• Nirvikara DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVIKARA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• NIRVIKARA’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO NIRVIKARA FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. If you have not paid fees, Nirvikara’s aggregate liability shall not exceed INR 10,000.

You agree to indemnify, defend, and hold harmless Nirvikara and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your breach of these Terms; (b) your User Content; or (c) your violation of applicable law.

• These Terms remain in effect while you access or use the Website or Service. Nirvikara may suspend or terminate your access at any time for any reason, including breach of these Terms.
• Upon termination, all licences and rights granted to you will immediately cease. Sections that by their nature survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnity, Governing Law, and Miscellaneous) will survive.

• These Terms are governed by the laws of India without regard to conflict of law principles.
• Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Gurugram, Haryana, India.

You will comply with all applicable export and re‑export control laws and regulations. You will not use the Service in violation of such laws.

• Use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. For health data and processing on behalf of enterprise customers, data handling is governed by Data Processing Agreements and applicable Indian health data regulations (including ABDM/ABHA frameworks and the DPDP Act where applicable).
• You agree to provide any consents required for Nirvikara to process personal or health data as necessary to provide the Service.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No failure or delay by Nirvikara in exercising any right under these Terms will operate as a waiver of that right. A waiver on one occasion will not be construed as a waiver on any other occasion.

Nirvikara may update these Terms from time to time. We will post the revised Terms on the Website and indicate the “Last updated” date. Continued access or use after changes constitutes acceptance of the revised Terms.

Notices to you may be provided via email, posting on the Website, or other reasonable means. Notices to Nirvikara should be sent to the contact details below.

For questions about these Terms or to raise concerns, contact:

Nirvikara HealthAI Services Private Limited CIN: U86100UP2026PTC246670 Registered Office: H-1562 Awas Vikas 1 Near Keshav Vatika KeshavPuram, Kalyanpur, Kanpur 208017 Email: customercarenirvikara@gmail.com

Grievance Officer Email: customercarenirvikara@gmail.com

Provide sufficient details to help us investigate and respond.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference (including subscription or order forms), constitute the entire agreement between you and Nirvikara regarding your use of the Website and Service and supersede all prior agreements.