Terms of Service for Healthcare Providers

"Platform" means the Wekitsak healthcare practice management and telemedicine platform operated by Essenzvita, including all software, applications, interfaces, and services made available through web or mobile applications.

"Patient Data" means all personal data, medical records, health information, and other data relating to patients that is entered, stored, processed, or transmitted through the Platform.

"AI Tools" means machine learning and artificial intelligence features including voice transcription, clinical decision support, and automated documentation tools.

"Subscription Features" means practice management functionality available only to users who have purchased a subscription, as distinct from features available to all registered users.

"Data Fiduciary" and "Data Processor" have the meanings assigned under the Digital Personal Data Protection Act 2023.

Where the context permits, references to statutes include any amendments or re-enactments thereof.

You represent that you are a medical practitioner duly registered with the National Medical Commission or the applicable State Medical Council, that your registration is current and in good standing, and that you possess the legal capacity to enter into this agreement. You further represent that all information provided during registration is accurate and complete, and you undertake to update such information promptly if it changes.

We reserve the right to verify your credentials, request additional documentation, conduct background verification, and reject any application for registration without assigning reasons. Account approval typically occurs within five business days of submission of complete documentation.

You are responsible for maintaining the confidentiality of your account credentials. All activity conducted through your account will be attributed to you. You must immediately notify us of any suspected unauthorized access or security breach.

The Platform comprises multiple modules, including but not limited to telemedicine consultation capabilities, collaborative care features, and practice management tools. Certain features require an active paid subscription while others are available to all registered users. The availability of specific features is subject to your subscription status and may change from time to time.

We provide the Platform on an "as is" and "as available" basis. While we endeavor to maintain high availability, we do not guarantee uninterrupted access. Scheduled maintenance will be notified in advance where reasonably practicable. Emergency maintenance may be conducted without prior notice where necessary to ensure security or system stability.

We may modify, suspend, or discontinue any feature of the Platform at any time. Material changes affecting core functionality will be communicated with reasonable notice. We reserve the right to impose limits on usage, restrict access to certain features, or introduce new features that may be subject to additional fees.

You acknowledge that with respect to Patient Data processed through the Platform, you are the Data Fiduciary as defined under the Digital Personal Data Protection Act 2023, and Essenzvita acts as Data Processor. As Data Fiduciary, you bear primary responsibility for ensuring lawful processing of Patient Data, including obtaining valid consent, ensuring data accuracy, and facilitating data principal rights.

The specific terms governing data processing are set forth in the Data Processing Agreement, which forms an integral part of these Terms. You are obligated to comply with all applicable data protection laws including the Digital Personal Data Protection Act 2023 and Information Technology Act 2000.

You must obtain valid, informed consent from patients before registering them on the Platform, storing their medical records, or using AI Tools that process their data. While we provide automated consent mechanisms via SMS, the ultimate responsibility for obtaining legally adequate consent rests with you.

Patient Data visibility is controlled through authentication mechanisms. Basic demographic information may be visible to other providers on the Platform to facilitate care coordination and prevent patient identification errors. Complete medical records require identity verification. Cross-provider sharing of complete medical history requires explicit patient consent and is currently disabled pending implementation of additional safeguards.

You are strictly prohibited from accessing Patient Data without legitimate clinical justification, using Patient Data for commercial or marketing purposes, disclosing Patient Data to unauthorized parties, or processing Patient Data in any manner inconsistent with applicable law or these Terms. Violations will result in immediate account termination and may result in civil and criminal liability.

Certain AI-powered features are available on the Platform, including voice-to-text transcription for prescription generation and clinical decision support systems, among others. These tools utilize third-party artificial intelligence services and involve processing of medical data, including transmission to service providers located outside India.

Before using AI Tools with any patient, you must inform the patient that artificial intelligence will be used, explain what data will be processed and by whom, and obtain explicit consent. Patients have the right to refuse AI-powered features, and you must honor such refusal without penalty to the patient.

AI Tools are assistive technologies only. They do not replace clinical judgment and should not be relied upon as the sole basis for any medical decision. AI-generated suggestions may be incorrect, incomplete, or inappropriate for a particular patient. You bear sole responsibility for verifying all AI-generated content and for all clinical decisions made with or without AI assistance.

We provide no warranties regarding the accuracy, completeness, or reliability of AI Tools. To the fullest extent permitted by law, we disclaim all liability for any harm arising from the use of AI Tools, including but not limited to transcription errors, incorrect clinical suggestions, or patient harm resulting from decisions influenced by AI output.

You must report any AI errors or safety concerns immediately to enable system improvements, but such reporting does not transfer liability for clinical decisions to Essenzvita.

You may use the Platform solely for legitimate healthcare provision and practice management. You may not use the Platform to engage in fraudulent activity, create false records, issue prescriptions for patients not actually under your care, access records of patients not requiring your clinical attention, or use patient contact information for unauthorized marketing or solicitation.

You may not attempt to circumvent security measures, introduce malicious code, conduct denial of service attacks, reverse engineer the Platform, or engage in any activity that interferes with the proper functioning of the Platform or violates the rights of other users.

You may not share your account credentials, allow unauthorized persons to access your account, or use the Platform in any manner that violates applicable professional regulations, medical ethics, or law.

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without refund, reporting to law enforcement or regulatory authorities, and pursuit of all available legal remedies.

All intellectual property rights in the Platform, including software, algorithms, user interfaces, trademarks, and proprietary content, are owned exclusively by Essenzvita. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. This license does not permit sublicensing, redistribution, modification, reverse engineering, or any use beyond that expressly authorized.

Patients own their personal data. You possess professional rights and obligations to maintain medical records. Essenzvita claims no ownership of Patient Data but may create de-identified, aggregated data derived from platform usage. Such de-identified data is owned by Essenzvita and may be used for analytics, research, and platform improvement.

You grant Essenzvita a non-exclusive license to use content you create on the Platform to the extent necessary for platform operation, including storage, transmission, backup, and compliance with legal obligations.

Essenzvita is a technology provider only. We do not practice medicine, provide medical advice, supervise healthcare providers, or assume any responsibility for clinical decisions or patient outcomes. You are solely responsible for all aspects of patient care.

The Platform is provided without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for particular purpose, accuracy, completeness, or uninterrupted availability. We do not warrant that the Platform will be error-free, secure from all threats, or suitable for your specific requirements.

In no event shall Essenzvita be liable for indirect, incidental, consequential, or punitive damages, loss of profits, loss of data, or costs of procurement of substitute services. This limitation applies regardless of the legal theory on which liability is based and even if Essenzvita has been advised of the possibility of such damages. Certain jurisdictions do not permit limitation of liability for gross negligence, fraud, or personal injury, and such limitations may not apply to you to the extent prohibited by law.

You agree to indemnify, defend, and hold harmless Essenzvita, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of applicable law or regulation; (d) medical malpractice or clinical negligence; (e) your violation of data protection laws or patient rights; (f) your infringement of third party intellectual property or other rights; and (g) any claim by a patient or third party arising from services you provided using the Platform.

You shall have sole control of the defense of any such claim, provided that Essenzvita may participate in the defense at its own expense and you may not settle any claim without Essenzvita's prior written consent.

These Terms commence on the date you first access the Platform and continue until terminated by either party. You may terminate by closing your account. We may suspend or terminate your account immediately if you violate these Terms, your medical license is suspended or revoked, you engage in fraudulent or illegal activity, or as otherwise required by law.

Upon termination, your license to use the Platform immediately ceases. Patient Data will be handled in accordance with our data retention policies and applicable law. We may retain certain data as necessary for legal compliance, dispute resolution, or enforcement of these Terms.

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, data retention, and dispute resolution survive termination.

Each party agrees to maintain the confidentiality of the other party's confidential information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential information does not include information that was already known to the receiving party, becomes publicly available through no breach of these Terms, is independently developed, or must be disclosed pursuant to legal requirement.

Patient Data is retained in accordance with applicable medical record retention requirements and our data retention policies. Upon termination of your account, you may request export of Patient Data in a portable format, subject to applicable fees if you are a former subscriber. Absent a deletion request, we may retain data indefinitely for continuity of care purposes. Deletion requests are subject to legal and regulatory retention requirements.

These Terms are governed by Indian law, specifically the laws applicable in the State of Maharashtra. Any dispute arising from or relating to these Terms shall first be subject to good faith negotiation for thirty days. If negotiation fails, either party may pursue mediation before a mutually acceptable mediator.

Disputes not resolved through negotiation or mediation shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act 1996. The seat of arbitration shall be Pune or Kolhapur, Maharashtra. For claims under twenty-five lakh rupees, a sole arbitrator shall be appointed by mutual agreement or, failing agreement, by the court. For claims exceeding twenty-five lakh rupees, three arbitrators shall be appointed, one by each party and the third by the two party-appointed arbitrators.

The arbitral award shall be final and binding. Judgment upon the award may be entered in any court having jurisdiction. This arbitration clause does not preclude either party from seeking injunctive relief in court to prevent irreparable harm.

You agree to bring any claim within one year of when the claim arose, failing which the claim is barred. You waive any right to participate in a class action or representative proceeding.

These Terms, together with the Data Processing Agreement and any applicable Subscription License Agreement, constitute the entire agreement between you and Essenzvita regarding the Platform. Any modification to these Terms must be in writing and signed by an authorized representative of Essenzvita, except that we may unilaterally modify these Terms with thirty days' notice for non-material changes, and with sixty days' notice and opportunity to terminate for material changes.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

No waiver of any breach or default constitutes a waiver of any subsequent breach or default. All waivers must be in writing to be effective.

Neither party is liable for failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, internet failure, or cyberattack despite reasonable security precautions.

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

Notices to you shall be sent to your registered email address. Notices to us shall be sent to [email protected] or our registered office address.

These Terms are executed in English. Any translation is for convenience only and the English version controls in case of conflict.

Grievance & Data Protection Officer: Yogesh Vyas
Email: [email protected]

Essenzvita Life Sciences Private Limited
Registered Office: 383/3A/4B, Pl No. 9, 13th Lane, Rajarampuri, Kolhapur, Maharashtra 416008
CIN: U86905PN2023PTC218619