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Terms and Conditions of Software Use

KAIVALY SKILLS AND TECHNOLOGY & OXY SOFTWARE

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This Terms and Conditions Agreement (“Agreement”) governs your access to and use of the "Oxy Patho" & "Patho Software" software product (“Software”) provided by KAIVALY SKILLS AND TECHNOLOGY & OXY SOFTWARE (“Company,” “we,” or “us”). By installing, accessing, or using the Software, you (“User” or “you”) agree to be bound by this Agreement.
1 License Grant and Three-Day Free Trial

You are granted a non-exclusive, revocable license to use the Software free of charge for a three (3) day trial period (“Trial Period”). Users must evaluate all features, including laboratory reporting and machine interfacing, during this window. Any use beyond this period requires the purchase of a valid, paid license.

2 Purchase and Strict No-Refund Policy

All purchases of the Software are final and non-refundable. Because a full-feature trial is provided prior to purchase, no refunds, credits, or exchanges will be issued under any circumstances after license activation.

⚠️ Strict No-Refund Warning

Please ensure the Software fully meets your requirements during the Trial Period. No refund requests will be entertained under any circumstances post-activation.

3 Software Updates, Maintenance, and AMC

The initial license purchase covers the current version of the Software. Future major software updates, feature enhancements, and ongoing technical maintenance will be subject to a nominal Annual Maintenance Contract (AMC) fee or a per-service charge, as determined by the Company.

4 Medical Disclaimer & Clinical Responsibility

🛡️ Not a Diagnostic Substitute

The Software is a laboratory management and reporting tool, not a diagnostic medical device. It does not replace professional medical judgment.

📊 Report Accuracy

Accuracy depends entirely on user input and machine calibration. The Company is strictly not liable for any diagnostic errors, incorrect reporting, or medical negligence.

⚖️ Professional Validation

The User (Lab/Hospital) is solely responsible for ensuring that all generated reports are verified and authorized by a qualified Pathologist/Medical Professional in strict accordance with NABL/NMC guidelines.

5 Data Privacy & DPDPA Compliance

The User acts as the Data Fiduciary (owner) and is responsible for obtaining valid patient consent for data collection. The Company acts solely as the Data Processor.

While we implement encryption for cloud uploads (QR/PDF), the User is entirely responsible for local database security, daily data backups, and protecting login credentials.

6 Support and Remote Access

Customer support is available via phone and remote access from Monday to Saturday (10:30 AM - 7:30 PM), excluding public holidays. For installation or troubleshooting, the Company may request remote access using software like AnyDesk or UltraViewer.

⚠️ Remote Support Sessions Disclaimer

Remote sessions are conducted entirely at the User's risk, and the Company is not liable for any data loss that may occur during these sessions.

7 Hardware & Third-Party API Integrations

The Company is not responsible for hardware failures, operating system crashes, or malware/virus attacks on the User's systems. Reinstallation or troubleshooting of the Software due to hardware changes/repairs will incur nominal service charges.

Furthermore, while the Software integrates with various analyzers, 100% compatibility with all third-party lab analyzers or Third-Party APIs is not guaranteed.

8 QR Code & PDF Reporting Functionality

Generated reports are converted to PDF format and uploaded via FTP to a secure server for temporary QR code access. The Company reserves the right to automatically delete these files after a predetermined retention period to manage server space.

Note: Users must maintain their own permanent local backups of all patient reports.

9 Prohibited Uses and License Restrictions

The User shall not (and shall not permit any third party to):

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
  • Copy, modify, or create derivative works based on the Software.
  • Sell, rent, lease, sublicense, or transfer the Software license to any other clinic, laboratory, or unauthorized third party.
10 Payment Terms

All payments must be made 100% in advance directly to the official bank account provided by the Company. The Company disclaims any liability for payments made to unauthorized individuals or accounts.

11 Indemnification

The User agrees to indemnify, defend, and hold harmless the Company, its developers, and affiliates from any claims, damages, liabilities, lawsuits (including medical malpractice claims by patients), and legal fees arising from the User's use of the Software, incorrect report generation, or breach of this Agreement.

12 Limitation of Liability & Force Majeure

To the maximum extent permitted by law, the Company's total liability for any claim arising out of this Agreement shall not exceed the total amount paid by the User for the current license.

The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control (Force Majeure), including internet outages, server crashes, natural disasters, or government actions.

13 Termination

The Company reserves the right to terminate or suspend your license immediately, without prior notice or refund, if you breach any terms of this Agreement, including unauthorized distribution of the Software or payment fraud.

14 Intellectual Property Rights

All supported database engines, software components, APIs, source code, UI/UX designs, images, and logos remain the exclusive intellectual property of the Company or their respective third-party owners.

15 Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16 Dispute Resolution and Jurisdiction

Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Bilaspur, Chhattisgarh, India.

17 Amendments to These Terms

We reserve the right to amend, revise, or update these Terms at any time. For material changes, we will make commercially reasonable efforts to notify you at least thirty (30) days prior to the effective date. Your continued use of the Software after modifications signify your acceptance of the revised Terms.

✉️ Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Email: [email protected]

Email Support
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