Terms of Service

These Terms of Service (the "Terms" or the "Agreement") govern the licensing and use of the DocReport India B2B SaaS platform (the "Platform" or the "Services") by medical practices, clinics, hospitals, diagnostic laboratories, third-party administrators (TPAs), and healthcare systems operating within the Republic of India.

By creating an account, completing a subscription, or using the Platform, you represent and warrant that:

• You have the legal authority to bind your practice, clinic, hospital network, or healthcare corporation to these Terms.
• You hold a valid, active license to practice medicine or operate a registered healthcare facility under the laws of India, including registration with the National Medical Commission (NMC) or relevant State Medical Councils, where applicable.
• Your administrative and clinical coordinators who access the system have been fully briefed on and agree to comply with these terms, specifically regarding patient consent and data protection protocols.

The Platform is owned, maintained, and operated by Be Smart Global, LLC, a corporate entity organized and existing under the laws of the State of Delaware, United States of America, with Delaware File Number 10620833.

All financial operations, card processing transactions, and recurring subscriptions are managed, invoiced, and processed by Be Smart Global, LLC using its Delaware entity credentials and its integrated Stripe payment gateway:

Subscribers are responsible for paying all recurring fees associated with their selected tier. The designated pricing structures for the Indian market are:

• DocReport Premium India: ₹6,999 per month, providing core ambient AI scribing, structured consultation notes, and basic EHR copy-paste tools.
• DocReport Ultimate India: ₹24,999 per month, adding advanced local encryption, custom templates, multiphysician dashboards, and WhatsApp consent workflows.
• DocReport Claims India: ₹19,999 per month, adding advanced TPA audit checkers, IRDAI denial appeals generators, and clinical justification tools.

Fees are calculated in Indian Rupees (INR). However, payment processing is routed through Stripe's international exchange network. Subscribers may be subject to international transaction fees, card issuer currency conversions, or local GST charges. We do not store raw credit card details on our local servers.

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable B2B subscription license to access and use the Platform for your internal clinical operations.

You agree that you will not, and will not permit any third party to:

• Reverse engineer, decompile, or attempt to extract the source code of the Platform's ambient AI engine or transcription models.
• Use the Platform to build a competing product, service, or clinical documentation utility.
• Violate the security or integrity of our systems, bypass authentication controls, or run automated scripts or scrapers against our API endpoints.
• Use the Services to process or transmit patient data without obtaining all legally required consents and notices under the Digital Personal Data Protection (DPDP) Act 2023.

Under India's Digital Personal Data Protection (DPDP) Act 2023, the subscribing practice is the **Data Fiduciary** and DocReport India acts as the **Data Processor**:

• Subscriber Consent Obligation: You acknowledge that you have the sole legal responsibility to obtain prior, valid, explicit, and unambiguous consent from patients (Data Principals) before using the ambient AI scribe during their consultations. You must provide them with a clear notice (available in English or relevant local Indian languages like Hindi) detailing what data is collected and how it is processed.
• Mandatory Local Browser Redaction: The Platform features a client-side browser-based redaction engine. You must ensure that this framework is active. Any clinical charts, laboratory reports, or consult notes containing identifiable patient details (e.g., Aadhaar number, PAN, full name, mobile number) must be redacted locally before data is transmitted to the AI endpoints for structuring.
• Client-Side Cryptographic Key Management: Clinical summaries and logs are secured using AES-GCM local browser encryption. The cryptographic keys are stored solely in your local browser storage. We do not have access to these keys. If you clear your browser cache, change devices without backup, or lose your local key, the encrypted records stored in our cloud databases will become permanently irretrievable. DocReport India is not responsible for any data loss resulting from key misplacement.

DocReport is an administrative and operational support copilot for healthcare professionals.

The Platform is not a medical device, diagnostic system, or treatment tool. It does not practice medicine or make clinical decisions.

• Verification Obligation: The licensed medical practitioner retains ultimate responsibility for patient care. You must review, verify, edit, and sign off on all generated SOAP notes, billing codes, clinical justifications, and medical necessity letters before including them in a patient's Electronic Medical Record (EMR) or submitting them to a Third-Party Administrator (TPA) or insurer.
• Abrechnung / Billing Code Accuracy: Any generated ICD-10 diagnoses or procedure codes are suggestions based on clinical transcripts. The clinic is solely responsible for verifying the accuracy of these codes and ensuring compliance with NMC, Ministry of Health and Family Welfare (MOHFW), and IRDAI coding standards.

The Platform provides integrations with third-party tools, including WhatsApp (via the Evolution WhatsApp API), to facilitate patient communication, booking notifications, and digital consent workflows in India.

By activating these integrations, you agree that:

• You comply with the terms of service, acceptable use policies, and developer guidelines of WhatsApp and the Evolution API provider.
• You will not use the WhatsApp integration to send unsolicited marketing messages or spam, in compliance with regulations set by the Telecom Regulatory Authority of India (TRAI).
• You assume all risks associated with message delivery failures, API changes, or account suspensions by WhatsApp. We do not guarantee uninterrupted availability of third-party API services.

All intellectual property rights in the Platform, including but not limited to the ambient transcription algorithms, neural networks, custom documentation templates, user interfaces, branding, software code, and documentation, are owned exclusively by Be Smart Global, LLC and its licensors.

This Agreement does not transfer any ownership rights to you. You are granted a limited subscription license for the duration of your active subscription. All feedback, feature requests, or template suggestions you submit to us may be used by us without restriction or compensation.

The Platform is provided "as is" and "as available," without warranties of any kind, either express or implied.

To the maximum extent permitted by law, Be Smart Global, LLC and its affiliates, directors, officers, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or operational time.
• Any clinical errors, medical malpractice claims, diagnostic misclassifications, or patient care disputes arising from your use of the Platform's generated summaries.
• Any financial losses, TPA claim rejections, insurance denials, or billing recoupments related to appeals or medical necessity letters generated by the Services.

In no event shall our total aggregate liability for all claims arising out of or related to this Agreement exceed the total subscription fees paid by you to us during the twelve (12) months preceding the event giving rise to liability.

You agree to indemnify, defend, and hold harmless Be Smart Global, LLC, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your access to or use of the Platform in violation of these Terms.
• Any medical malpractice, clinical negligence, or patient care disputes involving your healthcare facility or staff.
• Your failure to obtain proper patient consent or maintain local browser redaction and encryption keys.
• Your violation of the DPDP Act 2023, TRAI rules, NMC guidelines, or other applicable Indian regulations.

These Terms, and any disputes arising out of or related to them, shall be governed by, and construed in accordance with, the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, validity, breach, or termination, shall be referred to and finally resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) or another mutually agreed B2B arbitration body. The seat and place of arbitration shall be Delaware, USA, and the proceedings shall be conducted in English.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

You may cancel your subscription at any time through your billing dashboard. Upon cancellation, your access to the Platform will continue until the end of your current paid billing cycle.

Following the termination or expiration of your subscription, we will retain your encrypted database records for a grace period of 30 days, after which they will be permanently and irretrievably deleted from our cloud servers. You are responsible for exporting all clinical reports, audit logs, and FHIR payloads before this deletion occurs.

If you have any questions about these Terms, need assistance with your billing dashboard, or wish to submit a compliance inquiry, please contact our Legal & Compliance Department: