These Terms of Service (“ToS”) govern your access to, download, registration, and use of Eden Mobile Application (“App”) and the services made available through it (“Services”). Please read this ToS carefully before downloading, registering for, accessing, or using the App. By clicking “I Accept”, creating an account, registering for the Services, accessing the App, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agreed to be bound by this ToS. This ToS constitutes a valid, binding, and enforceable agreement between you and Orpheum Private Limited, the owner and operator of the App. If you do not agree to this ToS in full, or if you are uncertain about any provision or services, you must not download, register for access, or use the App or the Services in any manner. Your continued access to or use of the App or Services shall be deemed to constitute your unconditional acceptance of this ToS.

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1. Introduction

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The Eden Mobile Application - the “App” is a digital health platform that is integrated, or intended to be integrated, with the Ayushman Bharat Digital Mission (“ABDM”) ecosystem. ABDM is an initiative of the Government of India aimed at creating the digital infrastructure necessary to support an integrated health ecosystem across India, including secure, consent-based exchange of health information among authorised healthcare stakeholders.

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Through its ABDM integration, the App enables users to access, receive, store, manage, link, and share personal health records and related health information through ABDM’s Personal Health Record framework and other authorised digital health systems, subject to applicable law, ABDM requirements, user consent, system availability, and third-party participation. The App is owned and operated, or used under authorisation, by Orpheum Private Limited, a company incorporated under the laws of India and having its registered office at 54/2658, 37/1571 A49, Silver Crest, Subhash Chandra Bose Road, Jawahar Nagar, Kadavanthra, Ernakulam, Kerala - 682020, India.

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For the purposes of this ToS, the terms “App”, “we”, “our” and “us” refer to Orpheum Private Limited, unless the context requires otherwise. The terms “you”, “your” and “User” refer to any individual who downloads, registers for, accesses, or uses the App or the Services. The services made available through the App include, among other things, enabling users to access, store, manage, receive, link, and share personal health records and related documents through a consent-based digital platform, while supporting interoperability with authorised healthcare providers, hospitals, clinics, laboratories, and other service providers (“Services”).

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These Terms of Service, together with our Privacy Policy and any other policies, notices, consent terms, guidelines, or documents referenced in or made available through the App, form an integral part of this ToS, unless expressly excluded. By downloading, registering for, accessing, or using the App or any part of the Services, you confirm that you have read, understood, and agreed to be bound by this ToS and all documents incorporated by reference. We may update, modify, suspend, or replace this ToS from time to time, and where required or reasonably practicable, we may notify registered users of material changes. You are responsible for reviewing this ToS periodically. If you do not agree to this ToS or any updated terms, you must immediately stop accessing and using the App and the Services. Your continued use of the App or Services after any update shall be deemed to constitute your acceptance of the revised ToS.

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​2. Your Account

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You are required to register and maintain your account with us to use the Services. 

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If you are a first-time user, it is mandatory that you have to create a unique Ayushman Bharat Health Account (ABHA) Number by keying in your Aadhaar number which will act as your personal ID for all records. To issue a unique ABHA ID, ABDM’s system must collect basic information, including demographic, postal address, family or relationship, and contact details. The ABHA Number will be used to uniquely identify and authenticate individuals and link their health records across multiple systems and stakeholders.

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To create an ABHA Number, on providing your Aadhaar number, it may fetch your personal details such as your full name, address, age, gender, mobile number etc., for registration. You shall provide true and accurate information for the purpose of registration and shall not provide any false or misleading information. The ABHA address shall be created in accordance with the ABHA address creation policy. You shall not use the identity/information of any other person other than yourself without consent of the person concerned. We validly assume that all information provided by you is authentic. We do not share your data and use it only for registration purposes. Please refer to our Privacy Policy to know more about our collection and use of your data. Your ABHA Number shall be unique and permanent.

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To register, you must have a valid Aadhaar number and a mobile number linked to it. We assume that you are competent to contract under the Indian Contract Act, 1872, are at least 18 years old, of sound mind, and not an undischarged insolvent. You may, however, register on behalf of a minor. By creating an account, you confirm that you have read and accepted this ToS. 

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In order to create your ABHA number you hereby agree to the following Terms and Conditions provided by the National Health Authority of India:

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I, hereby declare that I am voluntarily sharing my Aadhaar Number and demographic information issued by UIDAI, with National Health Authority (NHA) for the sole purpose of creation of ABHA number. I understand that my ABHA number can be used and shared for purposes as may be notified by ABDM from time to time including provision of healthcare services. Further, I am aware that my personable identifiable information (name, Address, Age, Date of Birth, Gender and Photograph) may be made available to the entities working in the National Digital Health Ecosystem (NDHE) which inter alia includes stakeholders and entities such as healthcare professionals (e.g doctors), facilities (e.g hospitals, laboratories) and data fiduciaries (e.g. health programmes), which are registered with or linked to the Ayushman Bharat Digital Mission (ABDM), and various processes there under. I authorize NHA to use my Aadhaar number for performing Aadhaar based authentication with UIDAI as per the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 for the aforesaid purpose. I understand that UIDAI will share my e-KYC details, or response of "Yes" with NHA upon successful authentication. I have been duly informed about the option of using other IDs apart from Aadhaar; however, I consciously choose to use my Aadhaar number for the purposes of availing benefits across the NDHE. I am aware that my personal identifiable information excluding Aadhaar number / VID number can be used and shared for purposes as mentioned above. I reserve the right to revoke the given consent at any point of time as per provisions of the Aadhaar Act and Regulations.

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In order to create and log into your ABHA profile, you hereby agree to the following User Information Agreement provided by National Health Authority of India:

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I, hereby declare that I am voluntarily sharing my identity information with the National Health Authority (NHA) for the sole purpose of creating a Ayushman Bharat Health Account (ABHA Address). I understand my ABHA Address can be used in any healthcare interaction across India. I consciously choose the option of KYC (Name, Address, Age, Date of Birth, Gender and Photograph) through Govt. of India (GOI) issued identity proof document. I understand that my personal identifiable information, relevant to this transaction, will be stored by National Health Authority (NHA) solely for the purpose of Ayushman Bharat Health Account (ABHA Address) which, in turn, can be used in any health care interaction across India.

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I am aware that my personal identifiable information (Name, Address, Age, Date of Birth, Gender and Photograph) may be made available to the entities working in the National Digital Health Mission (NDHM) framework for enabling the healthcare services to me across India. I reserve the right to revoke the given consent at any time from the National Health Authority (NHA) at my own discretion.

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On completion of the registration and logging into your profile, you shall be able to “View ABHA Card” and/or download your ABHA Card.

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If you already have an ABHA Number, you may login with your ABHA Number.

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You may use your ABHA number to create an ABHA Address, which serves as your unique digital identity within the ABDM ecosystem. You may create and/or link an ABHA address with your ABHA number to enable secure sharing, receipt, and management of your health records with healthcare providers and other authorised entities. 

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By creating an account, registering for, accessing, or using the App or Services, you consent to receive OTPs, authentication messages, account alerts, service notices, transaction confirmations, security notifications, policy updates, changes to this ToS or the Privacy Policy, and other service-related communications electronically through SMS, email, in-app notifications, push notifications, or any other electronic mode made available or used by us from time to time. You agree that all such electronic communications shall be deemed to be in writing, shall be deemed received when sent or made available through the relevant electronic channel, and shall satisfy any legal, contractual, or regulatory requirement for written notice, communication, disclosure, or consent to the maximum extent permitted by applicable law.

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3. Features and Services

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Health Records

 

Upon accessing your ABHA Address profile through the App, you may be able to view health records that are already linked to your profile, subject to the availability of records from the relevant healthcare provider or system. If your health records are not already linked, the App may allow you to manually initiate a linking request. For this purpose, you may search for the relevant hospital, clinic, laboratory, or other healthcare facility and select the health records that you wish to link to your profile. Once successfully linked and made available, such health records shall be displayed in your “My Record” tab and may be organised using details such as:

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• facility name;

• visit type;

• name of the prescribing or treating healthcare professional, where available; and

• date of visit, prescription, report, or record, as applicable.

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The display, linking, retrieval, and availability of health records may depend on third-party healthcare providers, ABDM systems, correct user information, valid consent, and successful verification. We do not independently create, verify, or guarantee the accuracy, completeness, availability, or continued accessibility of any health record displayed or linked through the App.

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You may upload your medical records through the App in the form of image files, PDF files, or such other formats as may be permitted from time to time to your ABHA Address. Any upload, storage, transmission, or sharing of such medical records shall be entirely at your sole discretion and risk. We do not verify, endorse, monitor, maintain, or assume responsibility for the accuracy, completeness, legality, security, retention, or use of any medical records uploaded by you. You shall be solely responsible for ensuring that you have all necessary rights, consents, and authorizations to upload such records. In the event such records are linked the same may be shared with other entities provided you provide the consent. 

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To the fullest extent permitted by applicable law, we shall not be liable for any loss, damage, unauthorized access, disclosure, corruption, deletion, misuse, or consequences arising from or relating to the upload, storage, transmission, access, or use of such medical records through the App. 

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Consent Generation

 

You shall have the sole right to decide whether to provide consent for sharing of your health records and details and any related processing of data. This includes determining the nature, category, scope, purpose, duration, and validity period of such consent.​

 

You may do the following:​

 

• grant, deny, edit, or revoke consent at any time;

• specify the data or details to be shared;

• define the quantity or extent of data to be shared; and

• set the period for which consent remains valid and the circumstances under which it must be deleted or revoked.

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On receipt of the valid consent from you, the relevant data and details may be collected, processed, used, and shared only for the stated purpose of content generation and only to the extent permitted by such consent. Any modification or withdrawal of consent shall be acted upon within a reasonable time. After such modification or withdrawal, no further use, processing, or sharing of the relevant data shall occur except as permitted by applicable law or as expressly authorised by You. Once you select the health records to be shared you may click and approve the same and thereupon, the data shall be shared to the requested person/institution. 

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You may view details of the consents provided by you through the App, including the recipient, purpose, scope, duration, and validity period of such consent, where such details are made available through the App or the applicable ABDM framework. You may also revoke an active consent through the App, subject to applicable law, ABDM requirements, system availability, and successful processing of the revocation request. Any revocation shall apply prospectively and shall not affect any collection, use, processing, access, or sharing of information that was lawfully completed before the revocation became effective.

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The App is intended only to facilitate consent generation and related consent-management workflows, and we shall not be responsible or liable for any non-compliance, misuse, delay, failure, or disregard of consent instructions by any third party, including any healthcare provider, institution, ABDM participant, or other recipient of data.

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Patient registration 

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The App may enable you to complete or facilitate patient registration at hospitals, clinics, or healthcare facilities by scanning the QR code made available by such facility. Upon logging in to your ABHA-Address profile and scanning the relevant QR code, the App may retrieve, pre-fill, transmit, or share your applicable registration details, including details associated with your ABHA address, with the concerned hospital, clinic, or healthcare facility for the limited purpose of completing or assisting with patient registration, appointment intake, or related administrative processes. You acknowledge that such sharing may be subject to your consent, successful authentication, ABHA or ABDM system availability, network connectivity, and acceptance or processing by the relevant healthcare facility. We shall not be responsible for any delay, failure, rejection, inaccuracy, mismatch, non-availability, or incomplete registration arising from incorrect user information, failed verification, QR code errors, facility-side systems, ABDM systems, network issues, or any act or omission of a third party not directly controlled by us.

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Health locker /Storage 

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The App may provide a health locker, storage, or similar record-management facility through which you may, at your option and subject to applicable law, ABDM requirements, your consent, system availability, and our operational policies, store, organise, view, retrieve, and manage your health records, documents, prescriptions, diagnostic reports, immunization records wellness records, invoices, OP consultation records,  other health-related information and invoices within or through the App (“Health Locker”). The Health Locker is intended to provide convenience by enabling quicker access to records that have already been retrieved, uploaded, linked, or otherwise made available through the App.

 

If you choose to avail the Health Locker or storage service, you acknowledge and agree that the App may locally store, cache, retain, or make available copies or versions of such records and related metadata on your device, within the App environment, or through our authorised systems, solely for the purpose of enabling convenient access, display, management, continuity of service, and reduced dependence on repeated retrieval requests. This may allow you to access previously stored or retrieved records without requiring the App to fetch the same details every time through fresh Aadhaar-based authentication, OTP, SMS verification, ABHA authentication, consent flow, or other external verification or retrieval mechanisms.

 

You understand that repeated retrieval of health records from ABDM, healthcare providers, hospitals, clinics, laboratories, or other third-party systems may require Aadhaar-linked verification, OTP or SMS validation, ABHA authentication, user consent, provider confirmation, network availability, and successful responses from external systems. Such verification and retrieval processes may take time, may be delayed, may fail, may expire, or may not yield the requested results if the relevant records are not available, not linked, not digitised, not correctly mapped, temporarily inaccessible, deleted, restricted, withheld, inaccurate, incomplete, or otherwise unavailable at the relevant hospital, clinic, laboratory, healthcare facility, ABDM system, or other third-party source.

 

The App does not independently create, verify, certify, correct, update, or guarantee the accuracy, completeness, availability, clinical validity, legality, or continued accessibility of any record stored in, accessed through, or retrieved for the Health Locker. Records displayed or stored through the Health Locker are based on information provided, uploaded, linked, retrieved, or made available by you, ABDM, healthcare providers, laboratories, clinics, hospitals, government systems, or other third-party sources. You remain solely responsible for verifying the accuracy, completeness, relevance, and suitability of such records before relying on them for any purpose, including medical, insurance, administrative, or legal purposes.

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You understand that the records stored, displayed, retrieved, uploaded, linked, or made available through the Health Locker are intended for personal record management, convenience, and ease of access only. Such records may not necessarily constitute certified, attested, legally admissible, current, complete, or official copies of medical records or documents. You are solely responsible for obtaining certified or official copies from the relevant issuing hospital, healthcare provider, laboratory, insurer, government authority, or other competent source wherever required.

 

To the maximum extent permitted by applicable law, we shall not be liable for any delay, failure, non-availability, mismatch, incompleteness, inaccuracy, loss, corruption, deletion, inability to retrieve, inability to display, or inability to update any health record or related information arising from Aadhaar, OTP, SMS, ABHA, ABDM, healthcare-provider systems, user consent status, incorrect user information, device issues, network failure, third-party downtime, technical errors, or any act or omission of any person or system not directly owned or controlled by us. We may, at our discretion, modify, suspend, restrict, or discontinue the Health Locker or storage service, in whole or in part, subject to applicable law and our operational requirements.

 

We may provide a health locker/storage facility through the App either free of charge or under a paid subscription plan, at our sole discretion. We reserve the right to introduce, modify, or discontinue subscription fees, storage limits, and related features at any time. For free plans, we may impose restrictions on storage capacity, file size, or other usage limits, which may be revised from time to time. 

 

AI-Generated Insights

 

We may provide certain insights, recommendations, summaries, analyses, or other outputs generated through artificial intelligence or machine learning technologies ("AI Insights") in future. Such AI Insights are provided solely for informational and assistive purposes and are generated based on the information made available to us. AI Insights may be incomplete, inaccurate, outdated, or unsuitable for your specific circumstances and should not be construed as medical, legal, financial, or professional advice.

 

You acknowledge and agree that any decision, action, diagnosis, treatment, or reliance based on AI Insights shall be at your sole discretion and risk. We do not warrant the accuracy, completeness, reliability, or suitability of any AI Insights and expressly disclaim all liability arising from or related to your use of, or reliance upon, such AI-generated outputs.

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4. Intellectual Properties

 

All intellectual property rights, title, and interest in and to the App, the software, source code, object code, APIs, databases, workflows, features, functionality, designs, layouts, user interface, look and feel, trademarks, service marks, trade names, logos, content, documentation, updates, modifications, enhancements, customisations, and all related materials are and shall remain the exclusive property of Orpheum Private Limited and/or its developers, licensors, affiliates, or authorised third-party rights holders, as applicable. Nothing in this ToS transfers or assigns to you any ownership right, title, licence, or interest in the App, the Services, or any intellectual property forming part of or made available through the App, except for the limited, revocable, non-exclusive, non-transferable right to access and use the Services strictly in accordance with this ToS.

 

You shall not, directly or indirectly, copy, reproduce, modify, adapt, translate, publish, republish, upload, post, transmit, distribute, display, sell, licence, sublicense, assign, commercially exploit, reverse engineer, decompile, disassemble, create derivative works from, remove proprietary notices from, or otherwise use any part of the App, the Services, or our intellectual property except as expressly permitted by us in writing or under this ToS. All intellectual property rights in third-party applications, platforms, systems, software, content, trademarks, logos, and services accessed through or integrated with the App shall remain the property of their respective owners, and no rights in such third-party intellectual property are granted to you by virtue of your use of the App.

 

Any unauthorised use, infringement, misappropriation, reverse engineering, copying, disclosure, or exploitation of our intellectual property or that of our licensors, affiliates, vendors, or third-party rights holders shall be treated as a material breach of this ToS. We reserve the right, at our sole discretion, to suspend or terminate your access to the Services, seek injunctive relief, claim damages, and initiate civil, criminal, or other appropriate legal proceedings for any such violation, in addition to any other rights or remedies available under applicable law.

 

5. User Responsibilities and Representations

 

While using our Services you unconditionally agree to the following:

 

Information: You represent and warrant that all information, documents, health records, identity details, contact details, consent confirmations, and any other data provided, uploaded, submitted, or authorised by you through the App are true, accurate, complete, current, and lawfully provided. You shall promptly update such information if there is any change or if any information becomes inaccurate, incomplete, outdated, or misleading. We rely on the information provided by you for registration, account verification, ABHA-related processes, consent management, record linking, and provision of the Services, and we shall not be responsible for any loss, delay, denial of service, incorrect record linking, failed authentication, inability to access records, or any other consequence arising from false, incomplete, outdated, inaccurate, misleading, or unlawfully provided information. You are solely responsible for maintaining the confidentiality of your login credentials, OTPs, device access, ABHA details, and account activity, and for ensuring that no unauthorised person uses your account or identity. We shall not be liable for any impersonation, identity theft, misuse of credentials, unauthorised access, fraudulent activity, or loss or damage arising due to your failure to protect your account information, your sharing of credentials, or any act or omission of a third party beyond our reasonable control.

 

You are solely responsible for maintaining the security, confidentiality, and integrity of the device, operating system, browser, network, applications, and credentials used by you to access the App or Services. This includes enabling and maintaining appropriate screen locks, passwords, PINs, biometric authentication and such other appropriate security practices. We shall not be liable for any data leak, unauthorised access, disclosure, loss, misuse, corruption, deletion, or compromise of information arising from or relating to your device, network, credentials, security settings, or any act or omission outside systems directly owned or controlled by us.

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6. Consent and Authority to Use the Services:

 

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If you use the Services on behalf of a minor, we shall validly assume that you are the parent, legal guardian, or otherwise lawfully authorised representative of such minor. By doing so, you represent and warrant that you have full authority to register, access, manage, link, view, upload, share, or otherwise process the minor’s health records and related information through the App.

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You are solely responsible for ensuring that any consent provided, withdrawn, modified, or managed through the App on behalf of the minor is lawful, valid, informed, and in the best interests of the minor. We shall not be responsible for verifying your relationship with the minor or the validity of your authority, except where required by applicable law or ABDM requirements.

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7. Limitations to our Services:

 

The App is provided as a digital platform that enables integration, access, linking, storage, management, and consent-based sharing of health records and related information through or in connection with the Ayushman Bharat Digital Mission (ABDM) ecosystem and other authorised third-party systems. You acknowledge that the App functions as an enabling technology platform and does not independently create, verify, certify, modify, validate, or guarantee the accuracy, completeness, availability, legality, clinical correctness, or timeliness of any health record, medical information, ABHA-related data, provider information, consent artefact, or data made available through ABDM, healthcare providers, facilities, laboratories, insurers, government systems, or other third-party systems.

 

The availability and performance of certain features of the App may depend on ABDM infrastructure, external application programming interfaces, healthcare-provider systems, internet connectivity, device compatibility, user permissions, consent status, data quality, and operational decisions of third parties. Accordingly, we do not represent or warrant that any record, facility, provider, consent request, ABHA service, data exchange, linking request, retrieval request, or display feature will be available, accurate, uninterrupted, error-free, complete, secure, compatible, or capable of being processed at all times.

 

To the maximum extent permitted by applicable law, we shall not be responsible or liable for any act, omission, delay, downtime, service interruption, failed authentication, failed consent request, incorrect or incomplete record linking, non-availability of records, data mismatch, inaccurate health information, unauthorised action by a third party, refusal or delay by any healthcare provider, defect in ABDM or third-party infrastructure, or any consequence arising from systems, data, services, or entities that are not directly owned or controlled by us.

 

You further understand that the App is not intended to be a substitute for professional medical advice, diagnosis, treatment, emergency medical care, or direct consultation with a qualified healthcare professional. Any health record, report, prescription, diagnostic information, or other content accessed through the App is provided by the relevant healthcare provider or third-party source, and you should independently consult an appropriate healthcare professional before relying on such information for medical decisions.

 

You shall use the Services strictly for lawful, authorised, and personal health-record management purposes and in accordance with this ToS, applicable law, ABDM requirements, and any instructions or restrictions communicated by us from time to time. You shall not access, use, register, link, view, upload, share, manage, or process any information, health record, ABHA details, consent request, or account belonging to any third party unless you have full legal authority and valid consent to do so. Where you use the Services on behalf of a minor, patient, dependent, or any person under your care, you represent and warrant that you are legally authorised to act on behalf of such person and that all actions taken through the App are lawful, valid, informed, and in such person’s best interests. We shall be entitled to rely on your representation of authority and consent and shall not be required to independently verify the same, except where expressly required by applicable law. You shall remain solely responsible and liable for all use of the Services through your account, including any unauthorised, improper, unlawful, negligent, or fraudulent use, and for all consequences, claims, disputes, losses, penalties, or liabilities arising from your use or misuse of the Services.

 

8. Prohibited Use

 

You shall not, directly or indirectly permit, assist, authorise, or enable any third party to:

 

1. Access, tamper with, interfere with, penetrate, damage, misuse, or attempt to gain unauthorised access to the App, our servers, systems, networks, databases, source code, infrastructure, security architecture, or any systems, devices, servers, networks, or infrastructure of our affiliates, vendors, licensors, service providers, or other third parties connected with the Services;

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2. Probe, scan, test, monitor, bypass, disable, compromise, or circumvent the vulnerability, security, authentication, encryption, access-control, rate-limiting, anti-abuse, consent-management, or other protective measures of the App or any related system or network;

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3. Interfere with, disrupt, degrade, overload, impair, or attempt to interfere with the normal operation, availability, integrity, security, or performance of the Services, including by introducing viruses, malware, harmful code, automated scripts, bots, scraping tools, denial-of-service activity, flooding, spamming, or any other activity that creates an unreasonable or disproportionate burden on the App or related infrastructure;

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4. Copy, modify, adapt, translate, decompile, decrypt, disassemble, reverse engineer, derive source code from, create derivative works from, or otherwise reduce the App, software, APIs, algorithms, workflows, user interfaces, or any component of the Services to human-readable form, except to the limited extent expressly permitted by applicable law and not capable of contractual restriction;

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5. Sell, assign, transfer, license, sublicense, share, disclose, delegate, or otherwise make available your account, login credentials, OTPs, ABHA details, access rights, consent permissions, or any feature of the Services to any third party, or permit any person to use the Services through your account.

 

9. Uploading and transmission of contents: 

 

As part of the Service, you may be permitted to upload media including scanned documents and text. This facility is provided to you for the sole purpose of uploading your medical records like lab reports, etc. you shall not or facilitate any third party to upload through our Service or third party app:

 

1. any contents or materials containing profanity;

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2. any contents or materials which are false, inaccurate or misleading;

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3. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;

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4. contents that contain cyber bullying, spams, junk or other related material;

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5. any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents; 

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6. any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;  

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7. contents that violates or infringes the privacy or publicity or other rights of any party;

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8. materials or contents that violates copyright, trademark, or other intellectual property rights;

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9. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;

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10. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity, security, defence, integrity or Sovereignty of India; threatens friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states; 

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11. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;

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12. contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; 

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13. any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure.

 

10. Modification

 

We may update, amend, modify, suspend, or replace this ToS, in whole or in part, at any time, at our sole discretion and subject to applicable law. Such changes may be made to reflect changes in the Services, applicable law, ABDM requirements, security practices, operational requirements, business needs, or any other reason we consider appropriate. 

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We expressly reserve the right to modify, suspend, discontinue, restrict, replace, or remove any features, functionalities, APIs, integrations, subscription plans, pricing models, storage limits, service tiers, or support for older devices, operating systems, platforms, or versions as the App, Services, technology, ABDM requirements, legal requirements, business needs, or operational requirements evolve.

 

Where required by applicable law or where reasonably practicable, we may notify you of material changes through the App, by email, by SMS, or through any other mode of communication we consider appropriate. However, you are responsible for reviewing this ToS periodically to remain informed of any updates.

 

If you do not agree to any updated or modified terms, you must immediately stop accessing and using the App and the Services. Your continued access to or use of the App or Services after any update becomes effective shall be deemed to constitute your acceptance of the revised ToS.

 

11. Disclaimers and Warranties

 

EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF SERVICES, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.

 

As stated above, the App functions solely as a digital platform that enables access to, integration with, or use of services connected with the Ayushman Bharat Digital Mission (“ABDM”) ecosystem and other authorised healthcare or third-party systems. We do not own, operate, control, supervise, or guarantee the services, systems, data, actions, omissions, availability, performance, quality, accuracy, or conduct of healthcare providers, hospitals, clinics, laboratories, ABDM systems, government platforms, or any other third-party service providers. Accordingly, we shall not be responsible or liable for any act, omission, delay, failure, deficiency, error, inaccuracy, unavailability, or quality-of-service issue attributable to such providers, platforms, or third-party systems.

 

We shall not be liable for any default or interruption in services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include without limitation, acts of God, fires, floods, earthquakes, explosions, accidents, unusually severe weather conditions, epidemics, pandemics, lockdowns, quarantine restrictions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, unfavourable change in legal requirements, hacking, server malfunctioning and any other events which we do not have any control of. 

 

12. Indemnification

 

You hereby agree to indemnify, defend, and hold Orpheum Private Limited and our affiliates, directors, officers, employees, technology vendors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of our Services and for violation of any of the provisions of this ToS, or from your placement or transmission of any materials or content onto our (or our service provider’s) servers in violation of the provisions contained in this ToS.

 

13. Limitations of Liability

 

You shall be solely responsible for the consequence of the use of the Services. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if we were advised of their possibility.

 

Except to the limited extent that we provide the Health Locker or storage functionality expressly described in this ToS, we shall not be responsible or liable for any health record, medical information, ABHA-related data, or third-party information accessed, linked, retrieved, stored, displayed, or shared through the App.

 

14. Suspension and Termination 

 

You hereby acknowledge and understand that we reserve the rights to terminate your accounts at any time without assigning any reasons. We may suspend or terminate your account if we believe you have violated any terms of this ToS. In case of suspension, your account shall be disabled temporarily until we determine that you have rectified your actions leading to suspension. 

 

You may terminate our Service at any time and contact us to de-register your account from us. 

 

15. Violation of the terms

 

Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS. 

 

16. Dispute 

 

Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by us. The venue of such Arbitration shall be Kochi, Kerala, India and language of Arbitration shall be English. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.

 

This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Kochi, Kerala, India. The Courts in Kochi, India will have the exclusive jurisdiction to govern the provisions of this ToS.

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