Terms of Service

1. Acceptance of Terms

By accessing and using the EIVF Platform ("Platform"), you ("User") accept and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legal agreement between you and EIVF Platform Private Limited, a company incorporated under the laws of India.

Important: Please read these Terms carefully before using our Platform. If you do not agree with any part of these Terms, you must not use our Platform.

2. Eligibility and Age Requirements

By using this Platform, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding agreements
• You are not prohibited by law from using our services
• All information you provide is accurate and current

3. Description of Service

EIVF Platform is a digital healthcare intermediary that connects patients with certified IVF laboratories, fertility clinics, and healthcare providers across India. Our Platform operates as a technology service provider and facilitates:

• Lab and clinic search with verified credentials
• Secure appointment booking and management
• Provider directory with authentic reviews and ratings
• Secure communication channels between patients and providers
• Digital health record management (with user consent)
• Treatment progress tracking and monitoring

4. Data Protection and Privacy Compliance

4.1 Sensitive Personal Data

Under the Information Technology (Reasonable Security Practices) Rules, 2011, and Digital Personal Data Protection Act, 2023, medical information is classified as "Sensitive Personal Data or Information" (SPDI). We implement the highest standards of data protection:

• Explicit Consent: We collect SPDI only with your explicit, informed consent
• Purpose Limitation: Data is used only for stated purposes
• Data Minimization: We collect only necessary information
• Encryption: All SPDI is encrypted in transit and at rest
• Access Controls: Strict role-based access to your data
• Audit Trails: Complete logs of data access and modifications

4.2 Your Data Rights

You have the following rights regarding your personal data:

• Right to Access: Request copies of your personal data
• Right to Correction: Request correction of inaccurate data
• Right to Erasure: Request deletion of your data (subject to legal requirements)
• Right to Portability: Request transfer of your data in machine-readable format
• Right to Withdraw Consent: Withdraw consent at any time
• Right to Grievance Redressal: File complaints regarding data misuse

4.3 Cross-Border Data Transfer

Your data is primarily stored in India. Any cross-border transfer complies with applicable data protection laws and is done only with adequate safeguards and your explicit consent.

5. User Accounts and Security

5.1 Account Creation

To access our services, you must create a secure account. By creating an account, you agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Use a strong password and enable two-factor authentication when available
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Accept full responsibility for all activities under your account

5.2 Identity Verification

For healthcare services, we may require identity verification including:

• Government-issued photo ID (Aadhaar, PAN, Passport, Driving License)
• Phone number verification via OTP
• Email address verification
• Address proof for service delivery

5.3 Cybersecurity Measures

• End-to-end encryption for all data transmission
• Multi-factor authentication for sensitive operations
• Regular security audits and penetration testing
• 24/7 security monitoring and incident response
• Secure data centers with physical access controls
• Regular employee security training and background verification

6. Consent Management

6.1 Informed Consent

As per Digital Personal Data Protection Act, 2023, we obtain your informed consent before collecting sensitive personal data:

• Clear Purpose: We explain why we need your data
• Specific Consent: Separate consent for different data uses
• Free Consent: No service denial for non-essential data
• Informed Consent: Plain language explanations
• Revocable Consent: Easy withdrawal mechanism

6.2 Medical Data Consent

For medical data processing, you explicitly consent to:

• Collection of health and medical history information
• Sharing data with authorized healthcare providers for treatment
• Processing for appointment scheduling and care coordination
• Anonymized data analysis for service improvement (optional)
• Communication regarding your healthcare appointments and services

You can withdraw consent at any time through your account settings or by contacting our Data Protection Officer.

7. Acceptable Use and Prohibited Activities

7.1 Permitted Use

You may use our Platform only for:

• Searching for legitimate healthcare services
• Booking authentic medical appointments
• Communicating with verified healthcare providers
• Managing your personal health information
• Accessing educational health content

7.2 Prohibited Activities

You agree not to:

• Legal Violations: Violate any applicable Indian or international laws
• Fraudulent Activities: Provide false medical information or identity
• Cybersecurity Threats: Attempt hacking, phishing, or malware distribution
• Data Misuse: Access, collect, or misuse other users' personal data
• Platform Abuse: Disrupt, overload, or attempt to break our systems
• Medical Misinformation: Spread false or misleading health information
• Commercial Misuse: Use for unauthorized business purposes
• Harmful Content: Upload malicious, offensive, or illegal content
• Impersonation: Impersonate healthcare providers or other users

8. Medical Disclaimer and Healthcare Regulation Compliance

8.1 Healthcare Provider Responsibility

• All medical services are provided by independent, licensed healthcare providers
• Healthcare providers maintain their own professional licenses and insurance
• Medical decisions remain solely between you and your healthcare provider
• We verify provider credentials but do not supervise medical practice

8.2 Information Accuracy Disclaimer

• Health information is for educational purposes only
• Content may not reflect the latest medical developments
• Individual medical conditions vary significantly
• Always consult qualified healthcare professionals for medical advice

8.3 Emergency Medical Situations

Privacy and Data

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.

Payments and Refunds

Payment terms are determined by individual healthcare providers. EIVF Platform may charge platform fees for certain services. Refund policies vary by provider and service type.

9. Limitation of Liability

9.1 Platform Liability Limitations

To the maximum extent permitted by Indian law, including the Consumer Protection Act, 2019:

• We provide the Platform on an "as-is" and "as-available" basis
• We do not guarantee uninterrupted or error-free service
• Our total liability shall not exceed the platform fees paid by you in the preceding 12 months
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for healthcare provider actions or medical outcomes

9.2 Third-Party Liability

• Healthcare providers are independent contractors, not our employees
• Payment processor security and transaction issues
• Third-party website or service interruptions
• Force majeure events beyond our reasonable control

9.3 Consumer Protection Rights

Nothing in these Terms limits your statutory rights under the Consumer Protection Act, 2019, or other applicable consumer protection laws where you qualify as a "consumer" under such laws.

10. Data Breach Response

10.1 Incident Response

In compliance with IT Rules and DPDP Act requirements:

• We will notify affected users within 72 hours of discovering a personal data breach
• Regulatory authorities will be notified as required by law
• We maintain comprehensive incident response and business continuity plans
• Affected users will receive detailed information about the breach and mitigation steps

10.2 User Responsibilities

You must immediately notify us if you suspect:

• Unauthorized access to your account
• Suspicious activity or communications
• Potential security vulnerabilities
• Data misuse by healthcare providers

Termination

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users or the platform.

11. Governing Law and Jurisdiction

11.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of India, including but not limited to:

• Information Technology Act, 2000 and Rules thereunder
• Digital Personal Data Protection Act, 2023
• Consumer Protection Act, 2019
• Indian Contract Act, 1872
• Indian Medical Council Act and medical ethics guidelines

11.2 Jurisdiction

The courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising from these Terms or your use of the Platform.

12. Dispute Resolution

12.1 Grievance Redressal

In compliance with IT Rules, we have established a grievance redressal mechanism:

• Grievance Officer: Available to address complaints within 24 hours
• Resolution Timeline: Most grievances resolved within 15 working days
• Escalation: Unresolved issues can be escalated to senior management
• Regulatory Complaint: You may approach CERT-In or Data Protection Board

12.2 Mediation and Arbitration

For disputes not resolved through grievance redressal:

• Mediation will be attempted first through recognized mediation centers
• Arbitration under the Arbitration and Conciliation Act, 2015
• Single arbitrator appointed by mutual consent
• Arbitration proceedings in English language in New Delhi

13. Changes to Terms

13.1 Notification of Changes

As required by data protection laws, we will notify you of material changes:

• 30 days advance notice for significant changes
• Email notification to your registered email address
• Prominent notice on the Platform
• Option to review changes before they take effect
• Right to terminate your account if you disagree with changes

13.2 Consent to Changes

Continued use after the effective date constitutes acceptance of modified Terms. For changes affecting sensitive personal data processing, explicit consent may be required.

14. Contact Information and Compliance Officers

14.1 General Contact

14.2 Specialized Officers

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between you and EIVF Platform regarding the use of our services.