Clear terms.
Fair use.

01

Who we are

Nitya Aarogya is a product operated by Trinetra Technologies, a sole proprietorship of Shubham Desoria (“we”, “us”).

These terms apply to the clinic or business that registers (“the clinic”) and to every person the clinic lets use the service (“users”), such as doctors, assistants, staff, pharmacists and laboratory staff.

02

Accepting these terms

By registering a clinic, signing in or using the applications, you accept these terms on behalf of yourself and, if you register a clinic, on behalf of that clinic. If you do not have authority to bind the clinic, do not register it.

Our privacy policy explains how information is handled and forms part of these terms.

03

Accounts and access

• The head doctor who registers the clinic controls the clinic account and decides which staff are invited and what each person may access.
• Keep login details private. Each person must use their own account; do not share logins.
• You are responsible for activity under your clinic's accounts. Tell us promptly at business@nitya-aarogya.com if you suspect unauthorized access.
• New accounts must verify their email address. Unverified accounts may be restricted and removed after the period shown in the application.

04

Plans, trial and payment

• Features depend on the clinic's plan (Starter, Professional or Specialist) and on optional add-ons such as IPD. Current prices and inclusions are shown in the application before you pay. Prices are in Indian rupees and exclude taxes unless stated.
• A new clinic must start a 14-day trial with a payment card or pay for a plan before using the service. If you do not cancel before the trial ends, the plan you selected is charged automatically.
• Paid plans renew automatically for the chosen billing cycle until cancelled. You can cancel from the Subscription page; access continues until the end of the period already paid for.
• If a renewal payment fails, access continues for a short grace period shown in the application and then stops until payment is made.
• Every WhatsApp message sent from the clinic's number uses WhatsApp credits, including automatic messages such as appointment reminders: 2 credits per message and 4 credits per promotional message. Messages that patients send to the clinic do not use credits. If the clinic runs out of credits, WhatsApp messages stop until more credits are added, and messages missed in that time are not sent later. Credits have no cash value and cannot be transferred.
• Payments are processed by Razorpay. Your card or bank details are collected by Razorpay, not stored by us.

05

Clinical responsibility

Nitya Aarogya is software that helps clinics keep records and run their work. It does not provide medical advice, diagnosis or treatment. Doctors and other professionals remain fully responsible for clinical decisions, prescriptions, doses and advice given to patients.

• Medicine suggestions, interaction warnings, templates and the assistant are aids only. Check every entry before saving or printing.
• Drafts produced by the assistant must be reviewed by the doctor before they are added to a patient record.
• Prescriptions and letterpads printed from the application are issued under the doctor's own name and registration.

06

Patient data and permissions

• The clinic decides what patient information to enter and is responsible for having the patient's permission, or another lawful basis, to collect, use and share it, including for messages, pharmacy and laboratory sharing and video consultations.
• We process patient information to provide the service under the clinic's instructions, as described in our privacy policy. We do not sell patient data or use it for advertising.
• Enter only information that is necessary. Use the Aadhaar field only where needed and properly authorized.
• How long we keep the clinic's records online, and how we hand them back, is explained in section 07. Cancelling a plan does not by itself delete records; see our data-deletion instructions.

07

Records, hand-over and deletion

Patient records are the clinic's records. We hold and process them for the clinic, under the clinic's instructions, as described in our privacy policy.

• Five years online. We keep a clinic's records online in Nitya Aarogya for 5 years from the date the clinic joined. A "year of records" runs from one anniversary of that date to the next.
• Yearly hand-over. From the fifth anniversary onwards, once a year we prepare the oldest year of records as a download for the clinic: each patient's records as a PDF, data files (CSV and JSON), the uploaded files, and a list of every file with a checksum so the clinic can check that the copy is complete.
• Three reminders, then deletion. We tell the head doctor in the application and by email when the download is ready, again about 30 days before deletion and again 7 days before deletion. About 90 days after the download is ready, we delete that year of records from our systems. Copies in our backups are removed within a further 90 days.
• Linked records stay together. Records that belong together, such as a visit with its prescription, bill and lab report, or a hospital admission with its charges and bills, are handed over and deleted together, in the year of the most recent of them. Some records may therefore stay online a little longer than 5 years. An admission that has not been closed is not deleted.
• Legal hold. We do not delete records that the clinic has marked as under legal hold, or that a court, a regulator or the law requires us to keep. They are included in the download but stay online until the hold ends, and are then handed over and deleted in the next yearly cycle.
• A copy at any time. The head doctor can download a full copy of the clinic's records from the application at any time.

Invoices we issue to the clinic and the clinic's WhatsApp credit history are also our own tax and accounting records. They are included in the download, but we keep them for 8 years, as tax law requires, and then delete them.

08

WhatsApp and connected services

• A clinic can connect its own WhatsApp Business number through Meta's sign-up flow inside Nitya Aarogya. The clinic remains the owner of that WhatsApp Business account and number, and its business name and display name are its own.
• By connecting, the clinic authorizes Nitya Aarogya to send and receive WhatsApp messages and manage message templates for that account on its behalf. The clinic can remove this access at any time, as explained in our data-deletion instructions.
• The clinic must follow Meta's WhatsApp Business Terms of Service and WhatsApp Business Messaging Policy. In particular, it must obtain patients' permission before messaging them and honour requests to stop.
• Other connected services, such as Razorpay payments, Google hosting and email delivery, are governed by their own terms. We are not responsible for an outage or decision by Meta or another provider, such as a rejected template, a blocked number or a messaging limit.

09

Acceptable use

You must not:

• use the service to break any law, including medical, privacy, consumer-protection or telecom rules;
• send spam, misleading or unsolicited messages, or messages to people who have opted out;
• upload content you have no right to use, or malicious code;
• try to access another clinic's data, test or bypass security, or overload the service;
• copy, resell, reverse-engineer or build a competing product from the service, except where the law allows it.

We may suspend access to protect patients, other clinics or the service. Where reasonable, we will tell you first and explain why.

10

Availability and changes

We work to keep the service available and secure, but we do not promise it will be uninterrupted or error-free. Planned maintenance, provider outages and internet problems can affect access.

We may add, change or remove features. If a change materially reduces a paid feature you rely on, we will tell you in advance where reasonably possible. We may update these terms; the date above shows the latest version. Continuing to use the service after an update means you accept it. For material changes, we will give notice in the application or by email and ask the head doctor to accept the new terms for the clinic.

11

Liability

To the extent the law allows:

• the service is provided “as is”, and we exclude warranties that are not stated in these terms;
• we are not liable for indirect or consequential loss, lost profits, or loss caused by clinical decisions, incorrect entries or third-party services;
• our total liability for any claim is limited to the fees the clinic paid us in the 3 months before the event giving rise to the claim.

Nothing in these terms limits liability that cannot be limited under Indian law.

12

Ending the service

• You can stop using the service and cancel your plan at any time; paid access continues to the end of the current period.
• We may end or suspend an account for serious or repeated breach of these terms, for non-payment, or where required by law.
• If the clinic stops using the service, the head doctor can ask us to close the clinic account. We then prepare all of the clinic's records as one download, remind the head doctor 3 times, and delete the records about 90 days after the download is ready, except records under legal hold or that the law requires us to keep (see section 07). The clinic can also ask for a copy or deletion of its data using our data-deletion process.

13

Governing law and contact

These terms are governed by the laws of India. Courts at Sehore, Madhya Pradesh have jurisdiction, subject to any rights you have under consumer law.

Questions about these terms: write to Shubham Desoria at business@nitya-aarogya.com.