TERMS AND CONDITIONS

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of Our mobile application “daytoday” (hereinafter referred to as “DaytoDay”).

DaytoDay is an online platform developed, owned and operated by Digital Health Innovators Private Limited, a private limited company having its place of business at #150/1, Infantry Road, Suite 1, Karnataka - 560001, Bangalore. DaytoDay enables our partner hospitals and health care service providers (“Hospitals”) to provide a wide range of services including personalised guidelines, communications, recommendations and health advice (collectively referred to as the “Services”) to its surgical patients (“Patients”).

While we hope that DaytoDay is useful to You to avail comprehensive Services from Your Hospital with respect to your surgery and recovery, please be informed that DaytoDay is solely a platform used for facilitation of the Services being provided to You by Your hospital and neither do we provide, nor do we claim to provide any Services to You. The information, personal as well as your medical history, is provided to Us by both You and Your hospital. We do not have any role to play in as much as generation of the information, recommendation or advice is concerned.

These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between You and Digital Health Innovators Pvt. Ltd. and govern Your use of DaytoDay. By using DaytoDay, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “User” “Hospital” or “Patient” shall mean any natural or legal person who uses DaytoDay. The term “We”, “Us”, “Our” shall mean Digital Health Innovators Pvt. Ltd.

We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to DaytoDay and Your continued use of DaytoDay constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on DaytoDay

Patient Registration

In order to register and use DaytoDay, You must be 18 (eighteen) years or older, competent and must have the ability to understand and enter into these Terms of Use. You may not access or use DaytoDay if We have previously banned You from DaytoDay or closed Your account. You may use DaytoDay and avail the Services offered by Your Hospital, by registering Yourself on DaytoDay.

At the time of registration on DaytoDay, You will have to sign-up on DaytoDay using the login details provided to You by Your Hospital. Additionally, you may also have to provide certain basic information such as your first name, last name, date of birth, e-mail address, phone number and patient ID number allocated to you by Your Hospital and basic details of the scheduled surgery such as the type of procedure, date of admission, and the scheduled date of surgery.

Upon registration, You will be provided with an account (“User Account”) and an account tab on DaytoDay. You may amend/change Your information associated with Your User Account, by logging into Your User Account on DaytoDay. The manner in which we collect, use, store or disclose Your personal information and sensitive personal information collected on DaytoDay has been outlined in our Privacy Policy available at https://daytodayhealth.github.io/Privacy_Policy.

Upon completion of registration, You will get an acknowledgement via e-mail and SMS confirming the activation of Your User Account.

You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall We be liable for any loss or damage arising from Your failure to comply with this clause.

While creating Your User Account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address other than Your own OR create multiple accounts.

You shall not allow: (a) any other person to share Your User Account; (b) any part of DaytoDay being cached in proxy servers and accessed by individuals who have not registered as Patients on DaytoDay; and (c) access to DaytoDay through a single account and password being made available to multiple users on a network.

You shall be banned from using DaytoDay if you: (a) are found to be abusive in the communication portal available on DaytoDay; or (b) have provided us with false information. The time period of such ban, temporary or permanent, would be decided at Our sole discretion.

Services

The Hospital will use DaytoDay to provide you the following Services amongst other general information & health care recommendations:

During the period before the date of scheduled surgery, Your Hospital will use DaytoDay to manage Your lab tests, medications, prescribed diet to be followed by You before the scheduled surgery, push information and recommendations to prepare You for the surgery;

After your surgery, Your Hospital will use DaytoDay to assist you with the recovery, provide information on follow-up appointments and tests, provide medication alerts, provide tips and instructions regarding diet and exercise, provide instructions regarding wound care, and support chat with DaytoDay nurses.

As part of You availing the Services, You understand that Your information shall be shared/transferred with Your Hospital. During such sharing/transfer of Your information or even otherwise, the data will be encrypted and can only be accessed by the intended recipient.

You understand that as part of the Services, You will be permitted to upload images. Please note that You cannot share such images with any other Patients on DaytoDay and can share the same only with Your Hospital.

In the event You or Your Hospital uses any of Our interconnected devices, We will sync Your vital signs (weight, blood pressure, BMI, glucose levels etc.) on Your DaytoDay User Account. You agree that such information shall be stored by Us on our devices and the same shall be shared with Your Hospital for the purpose of Your well- being and health.

Patient Duties & Responsibilities

You may only access DaytoDay for availing the Services that are offered by Your Hospital. You acknowledge that Your Hospital is solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services on DaytoDay. You agree that You will not in any way:

interfere with the ability of others to access or use DaytoDay and the Services; disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use DaytoDay or its Services; claim a relationship with or to speak for any individual, business, association, institution, or other organization for which You are not authorized to claim such a relationship; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with malicious, disruptive and/or destructive features; You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Service, or obtain any services or information not intentionally made available to You by Digital Health Innovators Pvt. Ltd. on or through the Service; You shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Service; In the event a feedback, a comment or any communication made by You on the App contains profanity or abusive language, We shall have the right to suspend the Your account temporarily or indefinitely and/or issue a formal warning to You and take necessary legal action against You; and You agree to (i) immediately notify Us of any unauthorized use of Your account information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session.

In addition to the above, You agree and acknowledge that it is Your duty to provide us with correct and accurate information about Your medical history and other information in connection with the Services.

You agree and expressly acknowledge that the Services being provided to You by Your Hospital on DaytoDay are extremely personal in nature and is relevant for Your specific case. The same shall not be applicable to any other third party even though they might have a similar health condition.

You shall not advise any other third party based on the Services being provided to You by Your Hospital on DaytoDay. We shall not be held liable for anything that happens as a result of You giving advise based on the Services that You avail on DaytoDay to any third party.

Digital Health Innovators Pvt. Ltd. shall not be liable for any loss or damage arising from Your failure to comply with this clause.

Patient Feedback/Comments/Suggestions

We encourage Patients to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“Patient Feedback”) with Us.

The Patient agrees and acknowledges that:

The Patient Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;

The Patient Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law.

We are not under any obligation of confidentiality, express or implied, regarding the Patient Feedback;

We reserve the right to use or disclose such Patient Feedback for any purpose, in any way, as We deem fit;

We are not obligated to review the Patient Feedback; and

We reserve the right to reject, remove, delete or edit such Patient Feedback, at any time, without any reason, without providing any notice.

Intellectual Property Rights

Copyright

All content included on DaytoDay and delivered to Patients as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into DaytoDay, is the property of Digital Health Innovators Pvt. Ltd., and is protected by the applicable intellectual property laws. The compilation of all content on DaytoDay is the exclusive property of Digital Health Innovators Pvt. Ltd. You agree not to decompile, reverse engineer or disassemble any content accessible through DaytoDay, not to insert any code or manipulate the content of DaytoDay in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if We, in Our sole and absolute discretion, believe that You are in violation of this clause.

Digital Health Innovators Pvt. Ltd.’s content available on or via DaytoDay, are provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Digital Health Innovators Pvt. Ltd. Digital Health Innovators Pvt. Ltd. reserves all rights, not expressly granted in and to the DaytoDay.

Trademarks

‘daytoday.health’ is the registered domain of Digital Health Innovators Pvt. Ltd. DaytoDay, including, but not limited to its text, graphics, logos, the name ‘daytoday health’, button icons, images, scripts and service names constitute trademarks/trade dress of Digital Health Innovators Pvt. Ltd. The trademarks, domain names and trade dress of DaytoDay shall not be used in connection with any Service that is not affiliated with Digital Health Innovators Pvt. Ltd. in any manner that is likely to (i) cause confusion among users or potential users; or (ii) dilute the rights of Digital Health Innovators Pvt. Ltd.; or (iii) to disparage or discredit Digital Health Innovators Pvt. Ltd.

Warranty for Your submission to the App

As between You and Digital Health Innovators Pvt. Ltd., You own the information You provide to Digital Health Innovators Pvt. Ltd., and You may request its deletion at any time. Any information You submit to Us is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

Limitation and Disclaimer of Warranty

DaytoDay, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to DaytoDay, the Services and each portion thereof, including, but not limited to, implied warranties of the Services, non-infringement or other violation of rights.

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

Digital Health Innovators Pvt. Ltd. makes no representations that the information on DaytoDay is appropriate or available for use in other locations, where their content is illegal or prohibited. Those who choose to access DaytoDay from such other locations do so, on their own initiative and are responsible for compliance with applicable local laws.

The quality of the Services, information, or other material provided or obtained by you through DaytoDay will be as per Your Hospital’s Digital Health standards.

We do not warrant or guarantee that DaytoDay and Your Hospital’s Services provided through DaytoDay will function with your mobile or computing device or be compatible with the hardware or software on any particular devices, as information will be transmitted over a medium that will be beyond our control and jurisdiction. In addition, other multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Services.

Digital Health Innovators Pvt. Ltd. does not warrant or make any representations regarding the use, validity, accuracy, performance or reliability of, or the results of the use of DaytoDay and/or the Services, as:

the Services provided by us to You is dependent on the accuracy and correctness of the information being provided to us by You as well as Your hospital;

primarily, You shall follow the medical advice/counsel given to You by Your Hospital. The Services being provided on DaytoDay shall only be in addition to the advice/counsel given to You by Your Hospital during your hospital visits;

Under no circumstances shall We be held liable for any medical negligence, insufficiency of the medical care provided to You by Your Hospital or Your dissatisfaction with the medical treatment You receive from Your Hospital. We provide patient management services and Our services are not and should not be construed as medical advice or opinion. DaytoDay is solely a platform that is strictly limited to provide Your Hospital a medium of communication for Your recovery and well- being.

Under no circumstances, including, but not limited to, negligence, shall Digital Health Innovators Pvt. Ltd. be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or life, arising out of the use, or the inability to use, DaytoDay, the Services or any portion thereof.

Under no circumstances, shall Digital Health Innovators Pvt. Ltd. be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of Your Hospital or any personnel of Your Hospital.

If You are dissatisfied by DaytoDay or anything related to DaytoDay, You may terminate these Terms of Use in accordance with Clause 9 below.

Digital Health Innovators Pvt. Ltd. does not guarantee that DaytoDay will function without interruption or errors in functioning. In particular, the operation of DaytoDay may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing DaytoDay due to the above mentioned reasons, Digital Health Innovators Pvt. Ltd. shall inform the Patient of the same, and Digital Health Innovators Pvt. Ltd. disclaims all liability with respect to delay in provision of Services due to the same.

Indemnification

You agree to indemnify, defend and hold harmless Digital Health Innovators Pvt. Ltd., and Our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) Your failure to comply with these Terms of Use; or (b) where any information You submit, email, or otherwise transmit to Us violates third party rights or applicable laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.

Suspension or Termination

We may suspend or terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on DaytoDay from time to time or upon a misuse of the Services by You. The suspension time period, if applicable, would be decided at the sole discretion of Digital Health Innovators Pvt. Ltd.

You may terminate these Terms of Use, for any or no reason, at any point in time. You acknowledge that these Terms of Use will continue to apply for the period during which You had availed Your Hospital’s Services through DaytoDay.

In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.

You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You.

Amendments

We may periodically make changes to the contents of DaytoDay, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of DaytoDay.

Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

General

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Digital Health Innovators Pvt. Ltd. in respect of Your use of DaytoDay and supersedes all previous written and oral agreements between you and Digital Health Innovators Pvt. Ltd., if any. Digital Health Innovators Pvt. Ltd.’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The Courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Prem Sharma

Phone No: +1 617 460 2376

E-mail Address: prem@daytoday.health

Postal Address: 120 St. James Avenue, Boston, MA 02116, USA