Last updated: 3 May 2026
These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and Daiviksoft Technologies Pvt. Ltd., the operator of Medixar ("Medixar", "we", "us"), a private limited company registered in India. By signing up for, accessing, or using Medixar, you confirm that you have read these Terms and agree to be bound by them. If you are agreeing on behalf of an organisation, you confirm that you have authority to bind that organisation.
1. The service
Medixar is a hospital and clinic management system delivered as software-as-a-service. It includes the web application at app.medixar.ai, our mobile applications, and any APIs we publish. We may add, change, or remove features at any time, with reasonable notice for material changes that adversely affect existing functionality.
2. Your account
- You are responsible for keeping your login credentials confidential and for every action taken under your account.
- You must notify us promptly at security@medixar.ai if you suspect unauthorised access.
- You must provide accurate registration details and keep them current.
- Accounts are for human users — automated or shared logins are not permitted. Use the API for system-to-system access.
3. Acceptable use
You agree not to:
- Use Medixar for any unlawful purpose or to violate the rights of patients or third parties.
- Reverse-engineer, decompile, or attempt to extract the source code of the service.
- Probe, scan, or test the vulnerability of any system without our prior written consent. Coordinated disclosure is welcome — see our security page.
- Attempt to access tenant data that is not yours.
- Resell, sublicense, or white-label the service without a written agreement.
- Upload malware, conduct denial-of-service activity, or otherwise impair the integrity of the service.
- Use Medixar to send spam, marketing communications without consent, or unsolicited bulk messaging.
4. Data ownership
You own your data. All patient records, clinical notes, and other content you upload to Medixar remain your property (or the property of your patients, depending on the legal framework that applies). We process the data only to deliver the service to you, as described in our Privacy Policy. On termination, you can export your data in a machine-readable format for 30 days; after that we securely delete it (subject to legal retention obligations).
5. Service-level commitment
We target 99.5% monthly uptime for the production application, measured as the percentage of minutes in a calendar month during which the API is responding to requests. Scheduled maintenance windows (announced at least 48 hours in advance, typically Sundays 02:00–04:00 IST) and force-majeure events are excluded. If we fall below the target in a given month, you may request a service credit equal to 10% of the monthly fee per full percentage point below the target, capped at one month's fee. Service credits are the sole and exclusive remedy for downtime.
Customers with signed enterprise agreements receive higher SLAs (99.9% or 99.95%) governed by the contract, which supersedes this section.
6. Fees and billing
- Subscription fees are billed monthly or annually in advance, in INR plus applicable GST.
- Annual plans include a discount and are non-refundable except where required by law.
- Failed payments suspend access after 7 days; data is preserved for 30 days, then deleted.
- We may change prices on 30 days' notice, with the new price taking effect on your next renewal.
- Free-tier accounts are limited in capacity and feature set and may be discontinued with 30 days' notice.
7. Confidentiality
Each party agrees to keep the other party's confidential information secret and to use it only to perform under these Terms. This obligation survives termination for three years. PHI is treated under stricter rules — see our Privacy Policy and the BAA available on request.
8. Intellectual property
The Medixar software, branding, documentation, and all other materials we create remain our property. We grant you a limited, non-exclusive, non-transferable licence to use the service for your internal business operations for the duration of your subscription. You retain all rights to your data.
9. Beta features
Some features may be marked "Beta", "Preview", or "Early Access". These are provided as-is, may change without notice, and are not subject to the SLA in section 5.
10. Termination
- By you — you can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; we do not refund partial periods (except for annual prepayments where required by law).
- By us, for cause — we may suspend or terminate your account for material breach of these Terms (including non-payment, abuse, or illegal use) with reasonable notice and an opportunity to cure where practical.
- By us, for convenience — we may discontinue the service entirely on at least 90 days' notice, providing a data export window and a pro-rata refund of any prepaid fees.
On termination you must stop using the service. We will retain your data for 30 days for export, then delete it (subject to legal record-retention requirements that apply to medical records).
11. Disclaimer & limitation of liability
Medixar is a productivity tool. It is not a substitute for clinical judgement. AI features provide suggestions only — diagnoses, prescriptions, and clinical decisions are the responsibility of the treating clinician. We do not warrant that the service will be error-free or uninterrupted.
Except for breaches of confidentiality, indemnification obligations, or wilful misconduct, our aggregate liability for any claim arising from these Terms is capped at the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, consequential, special, or punitive damages, including lost profits or lost data (where backups remain available).
12. Indemnification
You will defend and indemnify us against third-party claims arising from your unlawful use of the service, your breach of these Terms, or content you upload that infringes third-party rights. We will defend and indemnify you against third-party claims that the service, used as permitted under these Terms, infringes a valid Indian patent or copyright.
13. Governing law & jurisdiction
These Terms are governed by the laws of India. Disputes arising from these Terms will be resolved by the courts of Kochi, Kerala. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
14. Changes to these Terms
We may update these Terms from time to time. Material changes are communicated by email to active customers at least 30 days before they take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms. Minor edits (typos, clarifications) take effect immediately.
15. Miscellaneous
- These Terms together with the Privacy Policy and any signed order form constitute the entire agreement between us.
- If any provision is held invalid, the remaining provisions continue in effect.
- Our failure to enforce any provision is not a waiver of our right to enforce it later.
- You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger or sale.
16. Contact
Daiviksoft Technologies Pvt. Ltd., Kochi, Kerala, India.
hello@medixar.ai · legal@medixar.ai