01
Acceptance and who may use the service
By starting a trial, signing an order form or clicking “I agree” in the app, you accept these terms on behalf of your organisation and confirm you are authorised to do so. The service is for registered ART clinics, ART banks, gynaecology clinics, laboratories and hospitals in India and the countries we list on the Pricing page, and their staff. Patients use the patient app under their clinic’s account and the Privacy Policy.
02
The service
ConceiveX provides cloud software for patient records, cycle management, the embryology lab, billing, the patient app and related modules, as described on the Products pages and included in your plan. We may improve or change features; we will not remove a module you depend on without 90 days’ notice and a migration path. Beta features are labelled and provided as-is until released.
03
Free trial
Trials last 14 days, include every module, and need no card. At the end you choose a plan or your trial data is deleted after 30 days unless you ask for an export. Trials are for genuine evaluation by one organisation at a time.
04
Fees, billing and price changes
Fees are per staff login per month, exactly as shown on the Pricing page on the day you subscribe, plus GST. We do not negotiate prices; every clinic pays the published rate. Monthly plans are billed in advance each month; annual plans are billed in advance each year at the annual rate.
- Adding logins is billed pro rata at your plan rate; crossing a plan band moves you to the next plan at the next billing date, which we tell you about first.
- We may change published prices with 60 days’ notice. Annual subscribers keep their rate until renewal.
- Invoices are due within 15 days. Overdue accounts receive two reminders; after 30 days overdue we may suspend logins (never delete data) until payment.
- Fees are non-refundable except where these terms say otherwise or the law requires.
Referral payouts and Rewards points are governed by the Refer a Clinician and Rewards Program pages, which form part of these terms.
05
Accounts, logins and acceptable use
Each login is for one named person; shared logins break the audit trail and are not permitted. You are responsible for keeping credentials secure, enabling two-factor authentication, and for everything done under your account. You must not:
- use the service to break the ART (Regulation) Act 2021, the Surrogacy (Regulation) Act 2021, the PCPNDT Act or any other law
- upload malicious code, probe our systems, or attempt to access another clinic’s data
- resell or sublicense the service except as a Certified or Premier channel partner under a signed agreement
- copy, reverse-engineer or scrape the software, or remove our notices
We may suspend an account that puts other clinics, patients or the platform at risk, and we will tell you why.
06
Your data and the Data Processing Agreement
You own your data. We process patient, donor and clinic data only on your documented instructions, as your data processor under the DPDP Act 2023. We will: keep it in India; keep it confidential; apply the security measures on the Data Security page; use only the sub-processors we list, with 30 days’ notice before adding one; help you respond to data-principal requests and regulator queries; notify you of a confirmed personal-data breach within 24 hours; and return and then delete your data at the end of the agreement.
You confirm that you have the consents and lawful basis to enter the data you enter, that you will use the consent module (or equivalent) for ART Act consents, and that you will respond to patient requests about their records.
We may use aggregated, de-identified usage data to run and improve the service. We never use your data to train models outside your instance, never sell it, and never share it with advertisers or insurers.
07
Service levels and support
Credits are your sole remedy for availability shortfalls. The on-call support hours and onboarding hours in each plan are scheduled sessions beyond the helpline.
08
Intellectual property
ConceiveX, its software, design, documentation and trademarks are ours or our licensors’. You receive a non-exclusive, non-transferable licence to use the service for your organisation during the subscription. Templates you create (consents, SOPs, price lists) are yours. Suggestions you give us may be used without obligation, which is how most of the product was built.
09
Third-party services
Integrations (ABDM, payment gateways, messaging providers, diagnostics, Tally) are provided by third parties under their own terms. We are responsible for our connectors, not for their services, outages or fees. The API is governed by these terms and the API usage limits published with it.
10
Warranties and disclaimers
We warrant that the service will perform materially as described and that we will provide it with reasonable skill and care. ConceiveX is a record-keeping and workflow tool; it does not provide medical advice and does not replace clinical judgement, laboratory SOPs or the clinic’s legal obligations. Except as stated, the service is provided without other warranties, express or implied.
11
Limitation of liability
Neither party is liable for indirect, consequential or punitive loss, or loss of profit or goodwill. Each party’s total liability under the agreement in any 12-month period is limited to the fees you paid in that period, except for: breach of the data-protection obligations in section 6 (capped at three times the fees paid in the 12 months), confidentiality breaches, infringement indemnities, gross negligence, wilful misconduct, or anything that cannot be limited by law.
We will defend and indemnify you against third-party claims that the service infringes their intellectual property in India. You will defend and indemnify us against claims arising from data you entered without a lawful basis or from your breach of the law.
12
Term, cancellation and what happens to your data
Monthly plans renew each month and may be cancelled from the billing screen to end at the end of the current month. Annual plans renew each year unless cancelled 30 days before renewal. Either party may end the agreement on 30 days’ notice for an uncured material breach.
On ending: you receive a complete export of every record, image and document in open formats (CSV, PDF, DICOM, FHIR JSON), read-only access for 90 days, then deletion within a further 90 days, subject to any archive you ask us to keep for ART Act retention. We never hold data hostage over a dispute.
13
Governing law, disputes and notices
These terms are governed by the laws of India. We will first try to resolve any dispute by discussion between senior people within 30 days; failing that, by arbitration in Ahmedabad under the Arbitration and Conciliation Act 1996, in English, before a sole arbitrator; courts in Ahmedabad have exclusive jurisdiction for anything else. Notices to us go to [email protected]; notices to you go to the account owner’s email.
14
Changes to these terms
We may update these terms with 30 days’ notice by email to account owners and in the app. If a change materially reduces your rights you may cancel before it takes effect and receive a pro-rata refund of any prepaid annual fee. Continued use after the effective date is acceptance. Version history is available on request.
