These Terms of Service (“Terms”) constitute a legally binding agreement between Orbit Health Technologies Pvt. Ltd. (“Orbit Care,” “we,” “our,” or “us”) and the healthcare provider, clinic, hospital, or authorized organization (“User,” “Customer,” “you,” or “your”) accessing or using the Orbit Care Health Information Management System (“Platform” or “Services”).
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree, you must not access or use the Services.
1. Eligibility and Authority
By agreeing to these Terms, you represent and warrant that:
- 1.1. You are a licensed healthcare provider, clinic, hospital, or duly authorized representative thereof;
- 1.2. You are at least 18 years of age;
- 1.3. You have the legal authority to bind your organization to these Terms;
- 1.4. Your use of the Platform will comply with all applicable laws, including the EHR 2016, Telemedicine Guidelines 2020, and DPDP Act 2023.
2. Description of Services
2.1. Platform Capabilities
- 2.1.1. Store, manage, and access electronic health records (EHRs) and prescriptions.
- 2.1.2. Facilitate continuity of care across multiple clinics in the Orbit Care ecosystem.
- 2.1.3. Allow interoperability between authorized doctors and clinics, subject to patient consent.
- 2.1.4. Provide secure access for authorized doctors, administrators, and patients.
- 2.1.5. Support patient access, consent management, and DPDP rights.
- 2.1.6. Enable AI-driven analytics using aggregated/de-identified data.
2.2. Service Limitations
- 2.2.1. The Platform does not provide medical advice or substitute professional judgment.
- 2.2.2. It is not intended for emergencies or life-critical decisions.
- 2.2.3. No guarantee of outcomes or patient compliance.
- 2.2.4. May experience downtime for maintenance or upgrades.
3. Account Registration and Security
Patient Data may enter the Platform through:
- 3.1. Orbit Care Admin Portal – limited access for maintenance and security.
- 3.2. Hospitals and Clinics – responsible for obtaining valid patient consent.
- 3.3. Patient App – allows patients to view records and manage consent.
Security: Access is role-based, logged, and protected by safeguards. Users must maintain credential confidentiality.
4. Compliance with Healthcare and Data Protection Laws
- 4.1. Both parties comply with the DPDP Act, 2023.
- 4.1.1. Consent must be obtained before data entry.
- 4.1.2. Orbit Care and the provider act as Joint Data Fiduciaries.
- 4.2. Processing without consent is allowed for medical emergencies, public health purposes, or lawful directions.
5. Acceptable Use Policy
- 5.1. Do not upload data without legal rights and consent.
- 5.2. Do not use the Platform for emergencies.
- 5.3. Do not introduce malware or attempt unauthorized access.
- 5.4. Do not resell or misuse the Platform.
- 5.5. Comply with all applicable healthcare and data protection laws.
6. Data Ownership and Use
- 6.1. Clinics and Patients retain ownership of Patient Data; Orbit Care and providers act as Joint Fiduciaries.
- 6.2. Data retention and deletion follow regulatory and consent-based rules.
- 6.3. AI analytics only use aggregated or consented data.
- 6.4. Interoperability requires explicit patient consent.
7. Confidentiality
Both parties agree to maintain confidentiality of Patient Data and proprietary information, disclosing it only when required by law.
8. Fees and Payment
- 8.1. Subscription fees are payable in advance and non-refundable except as required by law.
- 8.2. Orbit Care may revise fees upon renewal with notice.
- 8.3. Taxes and duties are additional.
9. Intellectual Property
Orbit Care retains all IP rights in the Platform. Users receive a limited, non-transferable license to use it for lawful healthcare purposes.
10. Data Rights and Fiduciary Responsibilities
- 10.1. Patients can access, correct, or erase data via their clinic.
- 10.2. Clinics define access roles; Orbit Care enforces safeguards.
- 10.3. Both parties share fiduciary duties under DPDP.
- 10.4. AI and analytics operate only on compliant data.
11. Audit and Compliance Rights
Orbit Care may conduct audits or request compliance documentation. Clinics must cooperate with lawful investigations or regulatory inquiries.
12. Disclaimers and Limitations of Liability
- 12.1. Platform provided “as is.”
- 12.2. Orbit Care is not liable for medical outcomes or provider decisions.
- 12.3. Liability is capped at fees paid in the prior six months.
13. Indemnification
You agree to indemnify Orbit Care for claims arising from failure to obtain consent, legal violations, or misuse of the Platform.
14. Term and Termination
- 14.1. Terms continue for the subscription period and renew automatically unless terminated.
- 14.2. Either party may terminate with notice; no refunds apply.
- 14.3. Immediate termination for breach or legal violations.
- 14.4. Upon termination, Clinics may export Patient Data within 30 days; Orbit Care then deletes or anonymizes data.
15. Governing Law and Dispute Resolution
Disputes shall be governed by Indian law and resolved through arbitration in Bengaluru, Karnataka. English shall be the language of proceedings.
16. General Provisions
- 16.1. These Terms and the Privacy Policy form the full agreement.
- 16.2. Clinics cannot assign rights without consent; Orbit Care may assign to a successor.
- 16.3. Force majeure events excuse performance during disruption.
- 16.4. Joint Data Fiduciary responsibilities under DPDP remain binding.
17. Contact Information
Orbit Care
Attn: Legal & Compliance Team
Email: help@orbitcoretech.com
Phone: 8296751736
18. Acknowledgement
By using Orbit Care, you acknowledge that you have read, understood, and agree to these Terms of Service.