Terms of Service

1. Agreement to Terms

By accessing, registering for, or using DocVerb ("the Service," "Platform," "we," "us," or "our"), you ("User," "Doctor," "Practice," "Healthcare Provider," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms" or "Agreement"). These Terms constitute a legally binding agreement between you and DocVerb. If you do not agree to these Terms in their entirety, you must not access or use the Service.

These Terms incorporate by reference our Privacy Policy, DPDP Compliance page, Security page, Cookie Policy, HIPAA Compliance page, and ABDM Status page (collectively, the "Legal Documents"). In the event of any conflict between these Terms and any Legal Document, these Terms shall prevail unless expressly stated otherwise.

We reserve the right to modify these Terms at any time in accordance with Section 20 (Amendments). Your continued use of the Service after any modification constitutes acceptance of the revised Terms.

2. Definitions

The following capitalized terms have the meanings set forth below. Additional definitions appear throughout these Terms.

• "Account" means your registered user account providing access to the Service.
• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of voting interests.
• "AI Models" means the machine learning models, algorithms, and neural networks used to process audio and generate clinical documentation.
• "Applicable Law" means any statute, regulation, rule, ordinance, judgment, order, decree, or other legal requirement of any governmental authority having jurisdiction over the parties.
• "Business Day" means any day other than Saturday, Sunday, or a public holiday in Karnataka, India.
• "Clinical Documentation" means structured medical records generated through the Service, including but not limited to SOAP notes (Subjective, Objective, Assessment, Plan), prescriptions, discharge summaries, referral letters, clinical summaries, follow-up reminders, medication lists, and any other documentation outputs produced by the AI Models based on your audio input.
• "Confidential Information" means all non-public information disclosed by one party to the other, whether orally, in writing, or by any other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including trade secrets, business plans, technical data, patient data, pricing, and algorithms.
• "Data Controller" / "Data Fiduciary" means the natural or legal person who determines the purposes and means of processing personal data. You, as the healthcare provider, are the Data Controller/Data Fiduciary for Patient Data.
• "Data Processor" means the natural or legal person who processes personal data on behalf of the Data Controller. DocVerb acts as a Data Processor for Patient Data.
• "Data Processing Agreement" or "DPA" means the data processing terms incorporated into these Terms governing the processing of Patient Data.
• "Documentation" means user guides, API documentation, help center articles, and other instructional materials provided by DocVerb.
• "DPDP Act" means the Digital Personal Data Protection Act, 2023 (India), as amended.
• "Effective Date" means August 2, 2025, or the date you first accept these Terms, whichever is later.
• "Fees" means the subscription fees and any other charges payable by you for the Service.
• "Force Majeure Event" has the meaning set forth in Section 18.
• "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data.
• "Intellectual Property Rights" means all patents, patent applications, trademarks, service marks, trade names, domain names, copyrights, trade secrets, know-how, and all other intellectual property rights in any jurisdiction.
• "Order Form" means any quote, proposal, or ordering document (electronic or paper) referencing these Terms under which you purchase a Subscription.
• "Patient Data" means any personal data relating to an identified or identifiable natural person who is your patient, including health data, special category data under GDPR, and sensitive personal data under the DPDP Act, that you submit to or that is generated through the Service.
• "Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject").
• "Processing" means any operation performed on personal data, including collection, recording, organization, structuring, storage, adaptation, retrieval, use, disclosure, erasure, or destruction.
• "Professional" means a licensed healthcare practitioner including physicians, dentists, nurses, physician assistants, therapists, and other licensed clinical professionals.
• "Service" means the DocVerb AI clinical documentation platform, including all features, functionality, APIs, mobile applications, web interfaces, AI Models, and related services provided by DocVerb.
• "Subscription" means the paid plan (Starter or Professional) selected by you, including any add-ons or upgrades.
• "Subscription Period" means the period for which Fees are paid, typically monthly or annually.
• "User Content" means all audio recordings, Clinical Documentation, and other content you submit, upload, or generate through the Service.
• "we," "us," "our," "DocVerb" means the entity operating the DocVerb platform.

3. Eligibility and Registration

3.1 Eligibility

To use the Service, you must:

• Be a licensed healthcare professional (physician, dentist, nurse practitioner, physician assistant, therapist, or other licensed clinical practitioner) or an authorized administrative representative of a healthcare entity (clinic, hospital, practice group);
• Be at least eighteen (18) years of age;
• Hold valid, unrestricted licensure or authorization to practice in the jurisdiction(s) where you provide clinical services;
• Have the legal authority to bind yourself and, if applicable, your practice or organization to these Terms;
• Not be prohibited from using the Service under Applicable Law, including sanctions lists or healthcare exclusion databases.

By registering, you represent and warrant that you meet all eligibility requirements. DocVerb may verify credentials and may suspend or terminate access if verification fails or if you cease to meet eligibility criteria.

3.2 Registration and Account Security

You must provide accurate, current, and complete registration information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify DocVerb immediately of any unauthorized access or suspected security breach. DocVerb is not liable for losses resulting from unauthorized use of your Account, provided DocVerb has not breached its security obligations.

You may not share your credentials with any third party, including colleagues or staff, unless they are authorized users under a multi-user Subscription. Each individual user must have their own Account.

3.3 Practice/Organization Accounts

If you register on behalf of a practice, clinic, hospital, or other healthcare entity ("Organization"), you represent that you have authority to bind that Organization. The Organization is responsible for all activities under its Accounts. You must designate at least one administrative contact. DocVerb may rely on instructions from any authorized administrator.

4. Service Description

4.1 Core Functionality

DocVerb provides an AI-powered clinical documentation platform designed to assist healthcare professionals with the administrative burden of clinical documentation. The Service includes:

• Automated Medical Scribing: Real-time or batch transcription of doctor-patient consultations from audio recordings;
• SOAP Note Generation: Structured Subjective, Objective, Assessment, Plan notes tailored to specialty templates;
• Prescription Drafting: Structured prescription outputs with medication, dosage, frequency, duration, and instructions;
• Clinical Summaries: Discharge summaries, referral letters, progress notes, and visit summaries;
• Follow-Up Management: QR-code-based patient follow-up scheduling and automated medication reminders;
• EMR Export: Export capabilities in multiple formats (PDF, JSON, HL7/FHIR-compatible structures) for integration with electronic medical record systems;
• Multi-Language Support: Transcription and documentation in English, Hindi, and major Indian regional languages;
• Specialty Templates: Configurable templates for general practice, internal medicine, pediatrics, orthopedics, cardiology, dermatology, psychiatry, and other specialties.

4.5 UID Architecture and Data Isolation

DocVerb implements a Unique Identifier (UID) architecture designed for maximum patient anonymity and data isolation:

• Only SOAP notes and prescriptions are stored for future reference. No other patient data is retained.
• No patient identifying information is stored: No patient name, phone number, email, ID, date of birth, Aadhaar, ABHA, or any demographic or contact information is ever stored on DocVerb servers.
• Only a UID is used: A unique identifier (UID) is generated per patient encounter. The UID remains with the patient and may be stored on the doctor's personal device (e.g., in their local contacts or notes). DocVerb does not store or manage patient identity mappings.
• First-process display only: During the initial consultation, patient name and details may be displayed on screen once—attached to the prescription or SOAP note for the doctor's immediate reference—but this information is never uploaded to or stored on DocVerb servers.
• UID anonymity inside server: The UID is not linked to any human identification within DocVerb systems. Once inside the server, the data becomes anonymous—there is no mapping from UID to real-world identity.
• External linkage only: A patient can only be re-identified if the UID is shared from the outside world (e.g., the patient or doctor shares the UID externally). DocVerb cannot and does not perform this linkage.
• Doctor ID + Patient ID matching required: Data access requires both a Doctor ID and a matching Patient ID (UID). Without this dual-key match, data cannot be seen, accessed, or obtained by any party.
• Four-factor identification: The only way to identify specific clinical data is through the combination of: Doctor ID + Patient ID (UID) + UID + timestamp. All four elements must match. This multi-factor approach ensures that even if one factor is compromised, the data remains inaccessible.

This architecture ensures that DocVerb operates as a zero-knowledge processor: we process clinical documentation without ever knowing who the patient is, and we cannot link consultations across doctors, practices, or time.

4.2 What the Service Is Not

The Service is a documentation assistance and workflow tool. It is not and does not function as:

• A medical device as defined under the Drugs and Cosmetics Act, 1940, Medical Device Rules 2017, FDA regulations, EU MDR, or any other medical device framework;
• A clinical decision support system (CDSS) that provides diagnosis, treatment recommendations, dosing calculations, or clinical alerts;
• An electronic health record (EHR) or electronic medical record (EMR) system—it does not store longitudinal patient records across encounters;
• A telemedicine platform—it does not facilitate real-time doctor-patient video/audio consultations;
• A patient communication or engagement platform beyond the follow-up reminder feature;
• A practice management system—it does not handle scheduling, billing, inventory, or revenue cycle management;
• A certified health IT product under ONC, NHA, or any other certification program.

4.3 AI Model Limitations

The AI Models are probabilistic systems trained on general medical knowledge and clinical documentation patterns. They:

• May produce incomplete, inaccurate, or inappropriate outputs (hallucinations, omissions, misclassifications);
• Do not have access to your patient's longitudinal history, lab results, imaging, or medication records unless you provide them in the audio;
• Cannot verify the clinical accuracy of patient-reported information;
• Are not trained on your specific practice patterns unless you provide feedback through the Service;
• May perform differently across accents, dialects, audio quality, medical specialties, and clinical complexity.

You acknowledge these limitations and accept responsibility for reviewing every output before clinical use.

4.4 Service Availability and Modifications

DocVerb strives to maintain Service availability but does not guarantee uninterrupted access. We may perform scheduled maintenance (with reasonable notice), deploy updates, modify features, or discontinue features with thirty (30) days' notice for material changes. We may impose reasonable usage limits (e.g., monthly audio minutes, concurrent sessions) as specified in your Subscription plan.

5. No Medical Advice Disclaimer

THIS IS A CRITICAL PROVISION. PLEASE READ CAREFULLY.

DocVerb is not a licensed healthcare provider and does not practice medicine, provide medical advice, diagnose conditions, recommend treatments, prescribe medications, or make clinical decisions. The Service generates documentation drafts based solely on the audio input you provide. All outputs are drafts requiring professional review, verification, and approval by a licensed healthcare professional before any clinical use.

The treating healthcare provider remains solely responsible for all clinical decisions, diagnoses, treatment plans, prescriptions, and patient care decisions. DocVerb assumes no liability for any clinical decision made based on, influenced by, or derived from generated documentation. Any reliance on unreviewed AI-generated content for clinical decision-making is at your sole risk and constitutes a breach of these Terms.

You must exercise independent clinical judgment. The Service is a tool to reduce documentation burden, not a substitute for clinical expertise. DocVerb does not warrant the clinical accuracy, completeness, or appropriateness of any output for any specific patient or clinical scenario.

6. Subscriptions and Billing

6.1 Plans and Pricing

DocVerb offers the following Subscription plans (prices in Indian Rupees, inclusive of applicable GST unless otherwise stated):

• Starter Plan: ₹999/month (₹10,189/year with 15% discount) — includes core scribing, SOAP notes, prescriptions, summaries, up to 200 audio minutes/month, single user;
• Professional Plan: ₹1,599/month (₹16,310/year with 15% discount) — includes all Starter features plus follow-up reminders, QR follow-ups, EMR export, priority processing, up to 500 audio minutes/month, up to 3 users per practice;
• Enterprise/Custom: Volume pricing, dedicated infrastructure options, SSO, audit logs, custom retention, SLA — contact sales.

Pricing is subject to change per Section 6.5. Additional audio minutes beyond plan limits are billed at overage rates specified in your Order Form or account settings.

6.2 Payment Terms

Fees are billed in advance in Indian Rupees (INR). Payment is processed through our payment partners (Razorpay/Stripe). You are responsible for all applicable taxes (GST, TDS, etc.). If you are tax-exempt, provide valid certificates before billing. Failed payments trigger a 15-day grace period; persistent non-payment may result in suspension per Section 6.6.

6.3 No Free Trial

DocVerb does not offer free trials. Subscription begins immediately upon successful payment.

6.4 Plan Changes

You may upgrade or downgrade your Subscription plan at any time via Account Settings. Plan changes take effect immediately with pro-rated charges or at the next billing cycle, as applicable. Downgrading may result in loss of features or data if limits are exceeded; export data before downgrading.

6.5 Price Changes

DocVerb may modify Fees with thirty (30) days' prior notice via email or in-app notification. Continued use after the effective date constitutes acceptance. If you do not accept the change, you may terminate your Subscription before the effective date.

6.6 Non-Payment and Suspension

Accounts with overdue payments may be suspended after fifteen (15) days' written notice. During suspension, you cannot access the Service or generate new documentation, but may export existing data. Reactivation requires payment of outstanding Fees plus any reactivation fee.

6.7 Upgrades and Downgrades

Upgrades take effect immediately with pro-rated charges. Downgrades take effect at the next billing cycle. Downgrading may result in loss of features or data if limits are exceeded; export data before downgrading.

7. Acceptable Use

You agree to use the Service solely for lawful clinical documentation purposes in connection with your professional practice. You shall not, and shall not permit any third party to:

• Use the Service for any unlawful purpose or in violation of Applicable Law, including healthcare fraud, kickback, or false claims statutes;
• Attempt to reverse engineer, decompile, disassemble, or extract source code, model weights, or training data from the Service or AI Models;
• Share Account credentials, API keys, or access tokens with unauthorized individuals;
• Input malicious code, malware, or excessive volumes designed to degrade Service performance (denial of service);
• Use Clinical Documentation outputs for non-clinical purposes (marketing, research, insurance underwriting, employment screening) without valid patient consent and legal basis;
• Violate any healthcare regulation, including medical record retention laws, telemedicine guidelines, or professional conduct standards;
• Scrape, harvest, crawl, or systematically extract data from the Service;
• Use the Service to train, fine-tune, or improve any other AI/ML model;
• Interfere with security measures, authentication, or access controls;
• Impersonate another user or entity, or misrepresent your credentials;
• Process audio of patients who have not consented to AI-assisted documentation where consent is required by Applicable Law;
• Export or use the Service in violation of export control laws or sanctions regulations.

DocVerb may monitor usage for compliance and may suspend or terminate access for material violations upon notice (or immediately for security threats).

8. Intellectual Property

8.1 DocVerb IP

DocVerb and its licensors retain all right, title, and interest in and to the Service, AI Models, algorithms, software, APIs, Documentation, trademarks ("DocVerb," logo, taglines), trade secrets, and all Intellectual Property Rights therein. These Terms grant no ownership rights in DocVerb IP.

8.2 Your Content and Clinical Documentation

As between you and DocVerb, you own the Clinical Documentation you generate (subject to Patient Data rights discussed in Section 9). You grant DocVerb a limited, non-exclusive, worldwide, royalty-free license to Process your User Content solely to provide the Service, including transcription, structuring, formatting, and delivery of outputs. This license terminates upon deletion of the content or termination of these Terms, except for anonymized, aggregated derivatives used for Service improvement per Section 9.

8.3 Patient Data Ownership

No ownership of Patient Data transfers to DocVerb. You remain the Data Controller. DocVerb has no rights to use Patient Data for any purpose other than providing the Service per your instructions.

8.4 Feedback

Any feedback, suggestions, bug reports, or improvement ideas you provide ("Feedback") are voluntary and DocVerb may use, disclose, reproduce, license, and distribute Feedback without restriction or compensation. You waive any moral rights in Feedback.

8.5 Restrictions

You may not: (a) copy, modify, or create derivative works of the Service (except Clinical Documentation outputs); (b) remove proprietary notices; (c) sublicense, sell, or distribute the Service; (d) use DocVerb trademarks without written permission (except to reference your use of the Service truthfully).

9. Patient Data and Privacy

9.1 Processor Role

DocVerb processes Patient Data solely as a Data Processor on your behalf. You are the Data Controller (Data Fiduciary under DPDP Act). This Terms constitutes a Data Processing Agreement incorporating the requirements of GDPR Article 28 and DPDP Act Section 8. You instruct DocVerb to process Patient Data for the sole purpose of generating Clinical Documentation and providing the Service.

9.2 Data Minimisation

DocVerb is designed with data minimisation principles at its core. We do not collect patient names, identifiers (Aadhaar, ABHA, phone, email), demographic data, or contact information as structured fields. No centralized patient identity database is maintained. We cannot link consultations across doctors, practices, or time. Each processing session is independent.

UID-based anonymity: The system uses only a Unique Identifier (UID) per patient encounter. The UID is generated locally and remains with the patient/doctor—it is never linked to human identity within DocVerb servers. Patient name and details may appear on screen once during the consultation (attached to the prescription/SOAP for the doctor's reference) but are never uploaded to or stored on our servers. Inside the server, the UID is fully anonymous; re-identification is only possible if the UID is shared from outside the system. Data access requires a four-factor match: Doctor ID + Patient ID (UID) + UID + timestamp. Without all four factors matching, data cannot be accessed.

9.3 Audio Handling and Deletion

Audio recordings are uploaded encrypted (TLS 1.3), processed by AI Models, and deleted within 24 hours of processing completion. No long-term audio storage. If processing fails, audio is deleted within 24 hours of upload. You may also manually delete audio immediately after documentation generation.

9.4 Clinical Documentation Retention

Only SOAP notes and prescriptions are stored for future reference during your active Subscription. No patient names, identifiers, demographic data, or contact information is stored alongside them—only the UID-linked clinical content. Post-termination, a 30-day export window is provided, followed by deletion within 90 days per Section 15.

9.5 No Training on Your Data

Your consultations, audio, and Clinical Documentation are not used to train, fine-tune, or improve DocVerb's AI Models. Models are trained on de-identified, aggregated, public, and licensed datasets only.

9.6 Subprocessors

DocVerb engages subprocessors (cloud infrastructure, AI inference, payments, communications, monitoring) solely to provide the Service. All subprocessors execute DPAs with appropriate safeguards. Current subprocessor categories are listed on our DPDP Compliance page. You may object to new subprocessors within 15 days of notice.

9.7 Cross-Border Transfers

Primary processing occurs in India (Mumbai/Bangalore regions). Any subprocess outside India uses adequacy decisions, Standard Contractual Clauses, or other lawful transfer mechanisms per DPDP Act Section 16 and GDPR Chapter V. Details in DPDP Compliance and Privacy Policy.

9.8 Security Measures

Clinical documentation is protected using encryption in transit (TLS 1.3) and at rest (AES-256). Additional measures: zero-trust architecture, VPC isolation, RBAC, least privilege, regular penetration testing, incident response, breach notification within 72 hours (24 hours to you). See Security page.

9.9 Data Subject Rights

As Data Controller, you are responsible for fulfilling patient rights (access, correction, erasure, portability, objection). DocVerb provides technical means: export (JSON/PDF), in-app editing, deletion APIs. We honor your instructions within 15 days. See Privacy Policy Section 11.

UID architecture impact on rights: Because DocVerb stores no patient-identifying information—only UID-linked SOAP notes and prescriptions—patient rights requests must be initiated through you (the Data Controller) using the Doctor ID + Patient ID (UID) + UID + timestamp combination. DocVerb cannot independently identify, access, or modify a specific patient's data without this four-factor key, as the UID is not linked to human identity within our systems. This architecture ensures that even DocVerb cannot access patient data without the doctor's explicit authorization via the matching keys.

9.10 Breach Notification

DocVerb will notify you without undue delay, and in any event within 24 hours, of any personal data breach affecting Patient Data, providing details required by GDPR Article 33 and DPDP Act Section 8(3).

10. Confidentiality

10.1 Obligations

Each party agrees to protect the other's Confidential Information using reasonable measures (no less than those used for its own similar information). Confidential Information may only be used to perform obligations or exercise rights under these Terms. Access is limited to personnel with a need to know who are bound by confidentiality obligations.

10.2 Exclusions

Confidential Information excludes information that: (a) is or becomes publicly known without breach; (b) was known prior to disclosure; (c) is independently developed without use of Confidential Information; (d) is rightfully received from a third party without restriction; (e) is legally compelled to be disclosed (provided the receiving party gives prompt notice where legally permitted to allow the disclosing party to seek protective relief).

10.3 Patient Data as Confidential Information

Patient Data is Confidential Information of the highest sensitivity. DocVerb's confidentiality obligations survive termination indefinitely with respect to Patient Data.

11. Disclaimers and No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CLINICAL APPROPRIATENESS OF ANY OUTPUT;
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH ANY SPECIFIC LAW, REGULATION, STANDARD, OR CERTIFICATION (INCLUDING BUT NOT LIMITED TO HIPAA, DPDP ACT, ABDM, ISO 27001, SOC 2, OR ANY MEDICAL DEVICE REGULATION);
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

DOCVERB DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DOWNTIME, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VULNERABILITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOCVERB OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

DocVerb makes no certification claims. We are not "HIPAA compliant," "DPDP certified," "ABDM approved," "ISO 27001 certified," "SOC 2 certified," or certified under any medical device framework. Our HIPAA Compliance, DPDP Compliance, ABDM Status, and Security pages describe our implementation approach and controls—they do not constitute certifications or legal opinions.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOCVERB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR BUSINESS OPPORTUNITIES; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; PATIENT HARM; MEDICAL MALPRACTICE CLAIMS; REGULATORY FINES OR PENALTIES; OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF DOCVERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCVERB'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO DOCVERB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TEN THOUSAND INDIAN RUPEES (₹10,000).

This cap applies regardless of the legal theory (contract, tort, negligence, strict liability, breach of warranty, misrepresentation, or otherwise) and applies to the aggregate of all claims, whether asserted individually or collectively.

12.3 Exceptions

The foregoing limitations do not apply to: (a) liability for death or personal injury caused by DocVerb's negligence; (b) liability for fraud or fraudulent misrepresentation; (c) liability for breach of confidentiality obligations regarding Patient Data; (d) your payment obligations; (e) liability that cannot be limited by Applicable Law. In jurisdictions where exclusions are not permitted, liability is limited to the maximum extent permitted.

12.4 Basis of the Bargain

You acknowledge that the Fees reflect the allocation of risk in these Terms and that DocVerb would not provide the Service without these limitations. These limitations survive termination and apply even if any remedy fails of its essential purpose.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless DocVerb, its Affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• (a) Your use of the Service, including any Clinical Documentation generated;
• (b) Your clinical decisions, diagnoses, treatments, prescriptions, or patient care actions;
• (c) Your violation of these Terms, any Order Form, or Applicable Law;
• (d) Patient Data you submit, including failure to obtain required consents or provide required notices;
• (e) Your breach of representations, warranties, or covenants herein;
• (f) Claims by patients or third parties related to your use of the Service;
• (g) Intellectual property infringement claims regarding content you submit.

13.2 DocVerb's Indemnification Obligations

DocVerb shall indemnify, defend, and hold you harmless from claims alleging that the Service (excluding AI Model outputs based on your input) infringes a valid patent, copyright, or trademark, provided you: (a) promptly notify DocVerb; (b) grant DocVerb sole control of defense/settlement; (c) reasonably cooperate. If the Service becomes subject to an infringement claim, DocVerb may: (i) procure a license; (ii) modify the Service to be non-infringing; or (iii) terminate and refund pro-rata Fees. This is DocVerb's sole liability for IP infringement.

13.3 Procedure

The indemnified party must: (a) give prompt written notice; (b) grant sole control of defense (except no settlement admitting liability without consent); (c) provide reasonable cooperation at indemnifying party's expense.

14. Term and Termination

14.1 Term

These Terms commence on the Effective Date and continue until terminated per this Section.

14.2 Termination by You

You may terminate your Subscription per Section 6.4. Termination takes effect at the end of the current Subscription Period.

14.3 Termination by DocVerb

DocVerb may terminate or suspend: (a) immediately for material breach uncured after fifteen (15) days' written notice; (b) immediately for non-payment per Section 6.6; (c) immediately for violation of Section 7 (Acceptable Use); (d) for legal/regulatory compliance; (e) if you cease to be eligible per Section 3.1; (f) upon thirty (30) days' notice for convenience (with pro-rata refund).

14.4 Effect of Termination

Upon termination: (a) your right to access the Service ceases; (b) you may export Clinical Documentation for thirty (30) days; (c) DocVerb deletes Patient Data per Section 15; (d) Sections 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20 survive; (e) accrued rights and obligations remain.

15. Data Retention and Deletion

UID Architecture Note: Only SOAP notes and prescriptions (linked to UIDs) are stored. No patient names, identifiers, demographic data, or contact information is retained at any point. The UID itself is not linked to human identity within DocVerb systems.

Data Type	Retention Period	Deletion Method
Audio inputs	≤ 24 hours post-processing	Automated secure deletion (cryptographic erasure)
Clinical Documentation (SOAP notes & prescriptions only, active)	During Subscription + 30-day export window post-termination	Automated deletion post-window
Account Information	During Subscription + 2 years (legal/tax compliance)	Anonymization or secure deletion
Billing/Transaction Records	8 years (Indian tax law: Income Tax Act, GST Act)	Archival with restricted access
Access/Error/Security Logs	12 months	Automated rollover deletion
Anonymized Aggregated Analytics	Indefinite (non-personal data)	N/A — not personal data
Feedback/Support Communications	3 years	Secure deletion

You may request earlier deletion of Clinical Documentation via Account Settings or email. DocVerb will comply within 30 days, subject to legal hold obligations. Anonymized, aggregated usage data (which cannot identify any individual or practice) may be retained indefinitely for Service improvement.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

16.2 Exclusive Jurisdiction

The courts of Bangalore, Karnataka, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Both parties irrevocably submit to the personal jurisdiction of these courts.

16.3 Dispute Resolution Process

1. Good-Faith Negotiation: Either party may initiate by written notice. Parties shall negotiate in good faith for thirty (30) days.
2. Mediation: If unresolved, either party may refer to mediation in Bangalore under the Mediation Act, 2023 (or institutional rules agreed). Costs shared equally.
3. Binding Arbitration: If mediation fails, disputes shall be resolved by binding arbitration in Bangalore, in English, before a single arbitrator appointed per the Arbitration and Conciliation Act, 1996. The award shall be final and enforceable in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive relief in the courts of Bangalore at any time for IP infringement, breach of confidentiality, or data protection violations.

16.4 Class Action Waiver

Disputes shall be resolved on an individual basis only, not as a class, collective, or representative action. No class arbitration or class-wide relief is permitted.

17. Compliance with Laws

You are solely responsible for compliance with all Applicable Laws in your jurisdiction(s) of practice, including but not limited to:

• Clinical documentation standards and medical record requirements;
• Medical record retention laws (varies by state/country/specialty);
• Telemedicine and digital health regulations;
• Data protection and privacy laws (DPDP Act, GDPR, HIPAA, state laws);
• Professional licensing, scope of practice, and continuing education requirements;
• Controlled substance prescribing regulations;
• Anti-kickback, false claims, and healthcare fraud statutes;
• Patient consent requirements for AI-assisted documentation.

DocVerb does not warrant that the Service complies with the specific requirements of any jurisdiction beyond the commitments expressly stated in these Terms and the Legal Documents. You must evaluate whether the Service meets your regulatory obligations before use.

18. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations (excluding payment obligations) due to causes beyond its reasonable control, including: acts of God, natural disasters, pandemics, epidemics; government actions, orders, regulations; war, terrorism, civil unrest; network, internet, or cloud infrastructure failures; cyberattacks, ransomware, security incidents; labor disputes, strikes; third-party service provider failures. The affected party shall promptly notify the other and use commercially reasonable efforts to mitigate and resume performance. If the force majeure event continues for more than sixty (60) days, the non-affected party may terminate without liability.

19. General Provisions

19.1 Entire Agreement

These Terms, the Legal Documents, and any Order Form constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications (written or oral) regarding the subject matter.

19.2 Amendments

DocVerb may modify these Terms at any time with thirty (30) days' prior notice via email to your registered address and/or in-app notification. Material changes to Fees, data processing terms, or liability provisions require affirmative acceptance. Continued use after the effective date constitutes acceptance. Version history available on request.

19.3 Waiver

Failure to enforce any right or provision does not constitute a waiver. Waivers must be in writing and signed by the waiving party.

19.4 Severability

If any provision is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed.

19.5 Assignment

You may not assign or transfer these Terms or any rights/obligations without DocVerb's prior written consent (not to be unreasonably withheld). DocVerb may assign freely to an Affiliate or in connection with a merger, acquisition, or sale of assets. Any prohibited assignment is void.

19.6 No Third-Party Beneficiaries

These Terms confer no rights or remedies on any third party except Affiliates (who may enforce Sections 11, 12, 13) and subprocessors (who may enforce confidentiality obligations).

19.7 Notices

Notices must be in English, in writing, and delivered via: (a) email to your registered address (deemed received upon sending); (b) in-app notification (deemed received upon display); (c) registered post to DocVerb's registered office (deemed received upon delivery). DocVerb's notice address: docverb.no.reply@gmail.com.

19.8 Independent Contractors

The parties are independent contractors. No agency, partnership, joint venture, or employment relationship is created.

19.9 Export Controls

You shall not export, re-export, or transfer the Service in violation of Indian, U.S., or other applicable export control laws. You represent you are not on any denied persons list.

19.10 Survival

Sections 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20 survive termination or expiration.

20. Contact

Questions, concerns, or notices regarding these Terms should be directed to:

Email: docverb.no.reply@gmail.com

Subject line: "Terms of Service - [Your Practice Name]"

We aim to respond within five (5) Business Days.