Terms of Service

Acceptance of These Terms

These Terms of Service ("Terms") are a legal agreement between you and Yapita Health Pvt. Ltd., a company registered in India with its office at 715A, Spencer Plaza, 7th Floor, 768, 769 Anna Salai, Chennai, Tamil Nadu, India - 600002 ("Curefy", "we", "us", "our"). They govern your use of our website curefy.app, our web and mobile applications, and our related services (together, the "Services").

By creating an account, clicking "I agree", or using the Services, you agree to these Terms and to our Privacy Policy. If you are using Curefy for a business, you confirm that you have authority to accept these Terms for that business, and "you" refers to that business (our "Client"). If you do not agree, do not use the Services.

About the Services

Curefy is a software platform that helps healthcare businesses such as clinics, hospitals and medical tourism companies collect patient data and communicate with their patients and customers. Through Curefy, Clients can connect their Facebook Page and Instagram accounts and use them to send appointment confirmations and reminders, share reports and updates, and answer patient questions from one place.

Curefy is a patient management platform only. We do not provide medical advice, diagnosis or treatment, and we are not a healthcare provider. All medical decisions, advice and content sent through Curefy are the sole responsibility of the Client.

Not for emergencies: Curefy must not be used for medical emergencies. Messages may be delayed or not delivered. Clients must tell their patients to contact emergency services (such as 911 in USA or 112 in India) or visit the nearest hospital in an emergency.

Eligibility and Accounts

• You must be at least 18 years old and able to enter into a binding contract under Indian law.
• You must give accurate, complete and current information when you register, and keep it up to date.
• You are responsible for keeping your login details secure and for all activity under your account, including activity by your staff.
• Tell us immediately at support@curefy.appif you suspect unauthorised use of your account.
• We may refuse registration or suspend an account if we reasonably believe the information provided is false or the account is being misused.

Connecting Meta Accounts (Facebook and Instagram)

• To use messaging features, you must connect your own Facebook Page or Instagram professional account and grant Curefy the permissions requested through Meta's login screens.
• You must own or be authorised to manage every account you connect.
• You must comply with the Meta Terms of Service, Meta Platform Terms and Meta Community Standards, as updated from time to time.
• Meta may review, restrict, charge for or disable your phone numbers, message templates or messaging limits. These decisions are made by Meta, not Curefy, and we are not responsible for them.
• Charges set by Meta for messages may be passed on to you as described in your plan.
• You can disconnect your Meta accounts at any time from your Curefy settings or your Meta Business settings. Some features will stop working once you disconnect.
• We use data received from Meta only to provide the Services to you, as explained in our Privacy Policy. We do not sell this data or use it for advertising.

Your Responsibilities When Messaging Patients

You are fully responsible for the messages you send and the patient data you add to Curefy.app. In particular, you agree to:

• Obtain valid opt-in consent from each patient or customer before sending them messages on Instagram or other channels, and keep a record of that consent.
• Honour opt-out requests promptly, including when a patient replies "STOP" or asks not to be contacted.
• Collect and use patient data lawfully, give patients your own privacy notice, and comply with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, the Telemedicine Practice Guidelines, applicable medical council and pharmacy regulations, and any other law that applies to you.
• Share health information, reports or prescriptions only with the correct patient or their authorised representative.
• Make sure all message content is accurate, lawful and professional.

Under data protection law, you are the "Data Fiduciary" for your patients' data and Curefy acts as your "Data Processor". We process that data only on your instructions and as described in our Privacy Policy.

Acceptable Use

You must not use the Services to:

• Send spam, bulk unsolicited messages or messages to people who have not opted in.
• Send false, misleading, deceptive, defamatory, obscene, hateful or harassing content.
• Advertise or sell prescription drugs, controlled substances or any product or service where this is prohibited by law or by Meta's Commerce Policy.
• Make misleading health claims or promote unapproved treatments.
• Impersonate any person, doctor or organisation, or misrepresent your qualifications.
• Collect data about people without their knowledge or consent.
• Upload viruses or harmful code, or try to hack, overload, reverse-engineer or gain unauthorised access to the Services or other accounts.
• Resell, sublicense or share access to the Services without our written permission.
• Break any law or any Meta policy.

We may remove content, limit features or suspend accounts that break these rules.

Plans, Fees and Payment

• Some features require a paid plan. Prices, features and billing periods are shown on our pricing page or in your order form.
• Fees are payable in advance and are exclusive of TAX and other applicable taxes, which you must pay.
• Fees charged by Meta for messages are separate unless your plan says otherwise.
• If payment fails or is overdue, we may suspend paid features until it is received.
• Except where required by law or stated in your plan, fees are non-refundable, including for partly used billing periods.
• We may change our prices with at least 30 days' notice. New prices apply from your next billing period.

Free Trials

We may offer a free trial. At the end of the trial, you must choose a paid plan to keep using paid features. We may change or end free trials at any time.

Intellectual Property

• Curefy's rights: the Services, including software, design, logos, trademarks and content we create, belong to Curefy or its licensors. We give you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes while these Terms are in effect.
• Your rights: you keep ownership of the content and data you add to Curefy ("Your Content"). You give us permission to host, store, process and transmit Your Content only as needed to provide and support the Services.
• Feedback: if you send us suggestions or feedback, we may use them freely without any obligation to you.

Data Protection and Privacy

Our Privacy Policy explains how we collect, use and protect personal data, including data received from Meta platforms, and how users can request deletion. We protect data with reasonable security measures such as encryption, access controls and activity logging. You must also keep your own devices and accounts secure.

Third-Party Services

The Services depend on and connect with third-party services, including Meta, Instagram, payment gateways and cloud hosting providers. Your use of those services is governed by their own terms and policies. We are not responsible for third-party services, their availability, or changes they make that affect the Services.

Availability and Changes to the Services

We work to keep the Services available and reliable, but we do not guarantee that they will be uninterrupted, error-free, or that every message will be delivered. We may carry out maintenance, and we may add, change or remove features. We will try to give notice of major changes that significantly reduce the functionality of a paid plan.

Suspension and Termination

• You can stop using the Services and close your account at any time from Settings > Account > Delete account or by emailing support@curefy.app.
• We may suspend or terminate your account, with or without notice, if you break these Terms, fail to pay, misuse the Services, create legal or security risk, or if Meta restricts your access.
• When your account ends, your right to use the Services stops. You can export your data before closing your account. We will delete your data as described in our Privacy Policy, except where we must keep it by law.
• Sections that by their nature should continue after termination (including fees owed, intellectual property, disclaimers, limitation of liability, indemnity and governing law) will continue to apply.

Disclaimers

The Services are provided "as is" and "as available". To the fullest extent allowed by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We are not responsible for medical advice, diagnosis or treatment given by Clients, or for any outcome of care provided by a Client.

Limitation of Liability

To the fullest extent allowed by law:

• Curefy will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity.
• Curefy will not be liable for undelivered or delayed messages, actions taken by Meta, or any medical outcome.
• Curefy's total liability for all claims relating to the Services will not exceed the fees you paid to Curefy in the 12 months before the event giving rise to the claim.
• Nothing in these Terms limits liability that cannot be limited by law.

Indemnity

You agree to defend, indemnify and hold harmless Curefy and its directors, employees and partners from any claims, losses, damages, penalties and costs (including reasonable legal fees) arising from: your use of the Services; content you send; your breach of these Terms, Meta or any law; or any claim by a patient or customer relating to your services or messages.

Governing Law and Disputes

These Terms are governed by the laws of India. We will first try to resolve any dispute informally; please contact us at support@curefy.app. If a dispute is not resolved within 30 days, it will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Haryana, and proceedings will be in English. Subject to this, the courts at Haryana will have exclusive jurisdiction.

Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page and change the "Last updated" date. If the changes are significant, we will notify Clients by email or in the app at least 15 days before they take effect. By continuing to use the Services after changes take effect, you accept the updated Terms.

General

• Entire agreement: these Terms, our Privacy Policy and any order form form the entire agreement between you and Curefy about the Services.
• Severability: if any part of these Terms is found invalid, the rest will remain in effect.
• No waiver: failure to enforce any right is not a waiver of that right.
• Assignment: you may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control, including outages of Meta or other third-party services.