1. Parties and acceptance

These Terms of Service (“Terms”) govern your use of the website healthnine.in and all Health9 OS software products (CuraHIS, VedaHR, ClinicPro, PathologyPro, and any future Health9 products), collectively the “Services.”

The Services are operated by HealthNine Health Care Suppliers (“Health9,” “we,” “us,” or “our”), a business registered in India, with the HealthNine Health Care Suppliers.

By accessing the website, creating an account, or subscribing to any Service, you (“Customer,” “you,” or “Subscriber”) accept these Terms in full. If you are entering into these Terms on behalf of a business entity (clinic, hospital, laboratory, or other healthcare facility), you represent that you have authority to bind that entity.

2. Services description

Health9 provides cloud-based Software-as-a-Service (SaaS) products for healthcare providers. The specific modules, features, and capabilities of each product are described at healthnine.in/products and in the applicable order form or subscription agreement.

Products marked “Coming Soon” (including Health9 Supply and Health9 Care at the time of writing) are not yet available for subscription. Interest registration for such products creates no contractual obligation on either party.

Health9 is a software and marketplace platform. It is not a healthcare provider, pharmacy, medical device manufacturer, or financial institution. Clinical decisions, prescription issuance, pharmaceutical dispensing, and medical advice remain the exclusive responsibility of licensed healthcare professionals using the Services.

3. Subscriptions and payment

4. Customer obligations

By subscribing to and using the Services, you agree to:

• Provide accurate registration and account information and keep it current.
• Use the Services only for lawful healthcare operations and in compliance with applicable Indian law, including the Clinical Establishments Act, Medical Council Act, ABDM regulations, and the DPDP Act 2023.
• Not share account credentials with unauthorised parties. You are responsible for all activity under your account.
• Not use the Services to store, process, or transmit data you do not have the legal right to process, including patient health records without appropriate patient consent.
• Ensure that your staff who access the Services are appropriately trained in data protection obligations for healthcare information.
• Not attempt to reverse-engineer, copy, resell, or create derivative works of any Health9 product without prior written consent.
• Maintain your own backups of critical data where your operations depend on it. Health9 provides data availability as part of the SaaS service but does not guarantee against data loss caused by user error.

5. Data, privacy, and patient records

Health9's Privacy Policy (available at healthnine.in/privacy) is incorporated into these Terms by reference. The Privacy Policy describes how Health9 collects, processes, stores, and protects personal data.

Where Health9 processes patient personal data as a Data Processor on behalf of a healthcare provider customer (the Data Fiduciary), Health9 will:

• Process patient data only as instructed by the provider and as necessary to provide the Services.
• Not use patient data for any purpose other than Service delivery.
• Maintain appropriate technical and organisational security measures.
• Notify the provider without undue delay of any confirmed personal data breach affecting patient data.
• Delete or return patient data on termination of the subscription, at the provider's instruction, subject to legal retention requirements.

Healthcare providers are responsible for obtaining lawful consent from patients for the collection and processing of their health data, and for compliance with the Medical Council of India's guidelines on medical records.

6. Service levels and support

Health9 targets a 99.5% monthly uptime SLA for the Health9 OS products. Scheduled maintenance will be communicated at least 48 hours in advance and conducted outside peak operating hours (8 AM–8 PM IST) wherever possible.

Support is provided via email at hello@healthnine.in with a target first-response time of 4 business hours. Critical issues (total loss of access or data integrity risk) will receive best-effort response within 2 hours. Support hours: Monday–Saturday, 9 AM–7 PM IST.

7. Intellectual property

All software, designs, documentation, and content comprising the Services are owned by or licensed to HealthNine Health Care Suppliers. Subscribing to the Services grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services during your subscription period solely for your internal healthcare operations.

You retain all ownership of data you upload or generate in the Services, including patient records, financial records, and operational data. Health9 claims no ownership of customer data.

8. Limitation of liability

To the maximum extent permitted by applicable Indian law:

• Health9's aggregate liability to a subscriber for any cause of action shall not exceed the amount paid by that subscriber in the 12 months preceding the claim.
• Health9 is not liable for indirect, incidental, consequential, or punitive damages arising from use of the Services.
• Health9 is not liable for clinical outcomes, medical decisions, prescription errors, or adverse events arising from use of the Services. Clinical responsibility remains with licensed healthcare professionals.
• Health9 is not liable for losses caused by events outside its reasonable control, including regulatory changes, telecommunications failures, or natural disasters.

Nothing in these Terms excludes liability for death or personal injury caused by gross negligence, fraud, or any liability that cannot be excluded under applicable Indian consumer protection or product liability law.

9. Termination

Either party may terminate a subscription at the end of the current billing period with 30 days' written notice. Health9 may terminate or suspend access immediately for material breach of these Terms (including non-payment or illegal use), with notice.

On termination, Health9 will provide a data export for a period of 30 days following the effective termination date, after which data may be deleted in accordance with the Privacy Policy. Annual subscription fees paid in advance are non-refundable on customer-initiated early termination.

10. Governing law and disputes

These Terms are governed by the laws of India. Disputes arising from these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be referred to arbitration under the Arbitration and Conciliation Act 1996, with a sole arbitrator appointed by mutual agreement, seated in Kolkata, West Bengal.

Nothing in this clause prevents either party from seeking urgent injunctive relief from competent courts in Kolkata.

11. Amendments

Health9 may amend these Terms on 30 days' notice to active subscribers. Continued use of the Services after the effective date constitutes acceptance of the amended Terms. If you do not accept material changes, you may terminate your subscription before the effective date without penalty.

12. Contact