Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "Clinic", "you") and The Listening Room, a sole proprietorship based in Trivandrum, Kerala, India, operating under the brand ManageYourClinic ("we", "us", "our"), governing your access to and use of the ManageYourClinic clinic management platform, including its website, web application, APIs, and related services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you accept these Terms on behalf of yourself and, where applicable, the clinic or organization you represent. If you do not agree, do not use the Service.

2. Definitions

• "Clinic" means the healthcare practice, organization, or individual practitioner that registers a tenant on the Service.
• "Clinic Admin", "Clinic Manager", "Consultant" mean user roles with differing permission levels within a Clinic's account, as defined in-app.
• "Patient Data" means personal and health-related information about patients that Clinic staff enter into the Service, including identity details, appointment records, clinical notes, prescriptions, and billing records.
• "Customer Data" means Patient Data together with any other data, content, or files a Clinic or its users submit to the Service.
• "Subscription Plan" means the pricing tier and feature set a Clinic selects, as described at checkout or in-app.
• "AI Features" means functionality that uses generative AI (currently Google Gemini) to summarize notes, transcribe voice, draft messages, or provide clinic-facing assistance.

3. Eligibility & Accounts

You must be at least 18 years old and capable of forming a binding contract to register a Clinic account. You are responsible for the accuracy of information provided during clinic setup and for maintaining the confidentiality of login credentials, including OTP and multi-factor codes. You must notify us promptly at hello@manageyourclinic.com of any unauthorized use of your account.

A Clinic Admin is responsible for provisioning, changing, and revoking access for other users (Clinic Managers, Consultants) within their clinic, including promptly deactivating accounts of staff who leave the practice.

4. The Service

ManageYourClinic provides multi-tenant software for clinic operations, including patient records, appointment scheduling, clinical notes, prescriptions, billing and invoicing, staff messaging, activity logging, AI-assisted documentation, and related administrative tools. Features available to a Clinic depend on its Subscription Plan and may change as we improve the Service.

The Service is a practice-management and administrative tool. It does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional clinical judgment.

5. Clinic & Customer Responsibilities

As between you and us, you (the Clinic) are the data controller of Patient Data entered into the Service, and we act as a data processor / service provider processing that data solely to provide the Service on your instructions. You are responsible for:

• obtaining all consents and having a lawful basis required from patients to collect, process, and store their personal and health data using the Service;
• the accuracy, quality, and legality of Customer Data you input;
• compliance with healthcare recordkeeping, licensing, and professional conduct obligations applicable to your practice under Indian law (or the law of your jurisdiction);
• configuring user roles and access appropriately for your staff; and
• if you enable public-facing features such as an online booking page, providing patients with your own clear notice of how their submitted information will be used by your clinic.

6. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable healthcare, data protection, or consumer protection law;
• upload data you do not have the right to process, or that infringes a third party's rights;
• attempt to reverse engineer, decompile, scrape, or gain unauthorized access to the Service or other clinics' data;
• use the Service to store or transmit malicious code, or to circumvent rate limits, quotas, or plan feature gates;
• use AI Features to generate content that is deceptive, harmful, discriminatory, or that misrepresents AI output as independently verified clinical fact; or
• resell, sublicense, or provide the Service to third parties outside your own clinic without our written consent.

We may suspend accounts that we reasonably believe violate this section, with notice where practicable.

7. AI Features (Gemini)

Certain features (e.g., voice-to-notes, AI-assisted summaries, an in-app AI assistant) are powered by Google's Gemini models, accessed exclusively through server-side Firebase Cloud Functions — never directly from your browser, and never with a client-exposed API key.

• We send the minimum data necessary to fulfill your request to Google's Gemini API for processing and do not use your Customer Data to train our own models.
• Per Google's terms for paid Gemini API / Vertex AI usage, prompt and response data is not used by Google to train its general-purpose foundation models; abuse-monitoring data may be retained briefly by Google as required by their policies.
• Use of AI Features is subject to Google's Generative AI Prohibited Use Policy, which you agree to follow when using these features.
• You may disable AI Features for your clinic at any time in Settings.

8. Subscriptions, Fees & Billing

Paid Subscription Plans are billed in advance on a recurring basis (monthly or annually, as selected) via Stripe Checkout or Razorpay, our third-party payment processors. We do not store your full card or UPI credentials — payment data is handled directly by the processor.

• Subscriptions automatically renew at the then-current price unless cancelled before the renewal date.
• Fees are exclusive of applicable taxes (e.g., GST), which will be added where required by law.
• Except where required by law or expressly stated otherwise, fees are non-refundable, including for partial billing periods.
• If payment fails or is overdue, we may downgrade or suspend access to paid features until payment is resolved, after reasonable notice.
• Plan feature limits (e.g., patient count, staff seats, AI usage) are enforced server-side and described on our pricing page or in-app.

9. Term, Suspension & Termination

These Terms apply for as long as you maintain an account. You may cancel your subscription at any time from Settings; cancellation takes effect at the end of the current billing period. We may suspend or terminate your account for material breach of these Terms, non-payment, unlawful use, or risk to the Service or other clinics, with notice where reasonably practicable.

Upon termination, we will make Customer Data available for export for 30 days, after which it may be permanently deleted from our systems, unless a longer retention period is required by law or necessary to resolve disputes.

10. Intellectual Property

We retain all rights, title, and interest in the Service, including its software, design, and branding. You retain all rights to your Customer Data. You grant us a limited license to host, process, and display Customer Data solely to provide the Service to you.

11. Data Protection

Our collection and processing of personal data is described in our Privacy Policy and our security practices in our Security page, both incorporated into these Terms by reference.

12. Third-Party Services

The Service relies on infrastructure and processing from third parties, including Google Cloud Platform / Firebase (hosting, database, authentication, functions, Gemini AI), Stripe and Razorpay (payments), and messaging providers used for appointment reminders (e.g., WhatsApp Business API). Your use of the Service is also subject to the applicable terms of these providers where you directly interact with their features (e.g., completing a Stripe/Razorpay checkout).

13. Warranties & Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated content will be accurate or complete. The Service is not a medical device and must not be used as the sole basis for clinical decisions.

14. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill. Our aggregate liability arising out of or relating to these Terms will not exceed the fees you paid us in the 12 months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your unlawful processing of Patient Data, or your violation of applicable law, except to the extent caused by our breach of these Terms.

16. Compliance with Laws

You agree to use the Service in compliance with all applicable laws, including India's Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and rules thereunder, and any clinical establishment, telemedicine, or professional conduct regulations applicable to your practice. The Service is not certified as a medical device and is not intended to replace regulated telemedicine platforms where such certification is legally required.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide reasonable notice (e.g., email or in-app notice). Continued use of the Service after changes take effect constitutes acceptance.

18. Governing Law & Disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to good-faith efforts to resolve disputes informally, any dispute arising out of or relating to these Terms will be submitted to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator, seated in Trivandrum, Kerala, conducted in English. The courts at Trivandrum, Kerala shall have exclusive jurisdiction over matters not subject to arbitration (e.g., interim relief).

19. Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made thereunder, the Grievance Officer for ManageYourClinic is:

John Joseph
Email: johnjoseph@gmail.com

We will acknowledge grievances within a reasonable time and aim to resolve them promptly in accordance with applicable law.

20. Miscellaneous

• Assignment. You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is unenforceable, the remainder of these Terms remains in effect.
• Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control.
• Entire Agreement. These Terms, together with the Privacy Policy and Security page, constitute the entire agreement between you and us regarding the Service.
• Notices. We may provide notices via email or in-app messaging.

Questions about these Terms can be sent to hello@manageyourclinic.com.