AYKA Terms of Use

4.1 To access the Services, You must create an account by providing accurate, current, and complete information, including your full name, date of birth, gender, mobile number, and email address. You may also be asked to provide health history and emergency contact details.

4.2 You are solely responsible for the accuracy of your account information and for maintaining the confidentiality of your login credentials. You shall not share your account credentials with any other person.

4.3 You shall notify the Company immediately upon becoming aware of any unauthorised access to or use of your account. The Company shall not be liable for any loss arising from your failure to maintain credential security.

4.4 One (1) account per individual is permitted. You may add family members as dependent profiles where the feature is available, subject to applicable consent requirements.

5.1 The Company grants You a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the AYKA Care Platform solely for the purpose of obtaining legitimate healthcare consultation services for yourself or your legal dependants.

5.2 This licence does not include any right to copy, reproduce, distribute, reverse-engineer, or create derivative works from any part of the Platform.

6.1 AYKA Care provides patients with the following core services:

• Online search, discovery, and booking of appointments with Registered Medical Practitioners listed on the Platform;
• Teleconsultation sessions with RMPs via video, audio, or text-based communication;
• Access to digital Prescriptions issued by consulting RMPs;
• Personal health record (“PHR”) management and secure document storage;
• Integration with Ayushman Bharat Health Account (“ABHA”) and Ayushman Bharat Digital Mission (“ABDM”), where applicable;
• In-platform payment for consultations;
• Appointment reminders and follow-up communication tools;
• Patient-to-doctor rating and review features (subject to Clause 11).

6.2 The Company reserves the right to modify, add, or withdraw features at any time. Material withdrawals shall be notified at least thirty (30) days in advance.

8.1 AYKA Clyvora Private Limited is a technology intermediary under Section 2(1)(w) of the IT Act, 2000. The Company provides the digital infrastructure that connects patients with Registered Medical Practitioners; it does not itself provide any medical advice, diagnosis, treatment, or clinical services.

8.2 The doctor-patient relationship is formed exclusively between You and the Registered Medical Practitioner with whom You conduct a Consultation. The Company is not a party to that relationship and assumes no clinical responsibility.

8.3 The Company is not responsible for the quality, accuracy, timeliness, or appropriateness of any medical advice, diagnosis, or Prescription provided by a Registered Medical Practitioner through the Platform. Clinical responsibility rests solely with the consulting RMP.

8.4 The safe harbour protections under Section 79 of the IT Act, 2000, as amended, apply to the Company as an intermediary.

10.1 The Company and the RMPs on the Platform endeavour to provide high-quality medical consultations. However, You expressly acknowledge the following inherent limitations of telemedicine:

• A telemedicine Consultation does not involve physical examination; the RMP’s clinical assessment is based solely on the information and documentation You provide and any visual observations possible through the digital medium;
• Certain medical conditions cannot be adequately assessed or diagnosed via telemedicine alone;
• An RMP may determine at any point that your condition requires in-person examination and may decline to issue a Prescription or make a diagnosis in such circumstances; and
• The accuracy of clinical assessment is directly dependent on the completeness and accuracy of the health information You provide.

11.1 The Platform may permit You to submit ratings and reviews of Registered Medical Practitioners following a Consultation (“Feedback”). By submitting Feedback, You represent that it is truthful, based on your genuine experience, and does not constitute defamation, harassment, or malicious falsehood.

11.2 You shall not post Feedback that: (a) is defamatory, false, or misleading; (b) contains personal information about the RMP or any other individual; (c) is offensive, obscene, or discriminatory; (d) is submitted with the intent to harm the RMP’s reputation without factual basis.

11.3 The Company reserves the right to moderate, edit, or remove Feedback that violates these Terms or applicable law, without prior notice. The Company is not liable for Feedback posted by users.

12.1 The Company makes no representation or warranty that Consultations or Prescriptions obtained through AYKA Care are covered by any health insurance policy, government health scheme, or reimbursement programme.

12.2 You are solely responsible for verifying with your insurer or relevant authority whether telemedicine Consultations are covered under your policy, and for ensuring compliance with any applicable pre-authorisation or documentation requirements.

13.1 The Company’s Privacy Policy, available at www.aykacare.in, www.aykaexpert.in, governs the collection, storage, processing, and use of your personal data and is incorporated herein by reference.

13.2 All health data provided by You constitutes Sensitive Personal Data or Information (“SPDI”) under the IT (SPDI) Rules 2011 and personal data under the DPDP Act 2023. The Company processes such data only for specified, lawful purposes with your consent.

13.3 You have the following rights as a Data Principal under the DPDP Act 2023:

• (a) the right to access information about processing of your data;
• (b) the right to correct or update inaccurate data;
• (c) the right to request erasure of your data subject to applicable retention obligations;
• (d) the right to nominate a person to exercise your data rights; and
• (e) the right to file a grievance with the Company or the Data Protection Board of India.

13.4 To exercise any of the above rights, You may contact the Grievance Officer at support@aykacare.in.

14.1 All Intellectual Property in the Platform, including its software, design, algorithms, databases, logos, and trademarks, is and shall remain the exclusive property of AYKA Clyvora Private Limited.

14.2 You retain ownership of your health records and personal data. You grant the Company a non-exclusive, royalty-free licence to process your data for the purposes set out in the Privacy Policy.

14.3 You shall not reproduce, distribute, reverse-engineer, or create derivative works from any part of the Platform.

You agree that You shall NOT:

• 15.1 Create multiple accounts, impersonate any person, or provide false identity information;
• 15.2 Attempt to obtain prescriptions for Schedule X drugs or other controlled substances for non-medical purposes;
• 15.3 Use the Platform to engage in any fraudulent health insurance or reimbursement scheme;
• 15.4 Harass, abuse, or threaten any Healthcare Professional on the Platform;
• 15.5 Attempt to access other users’ data or accounts without authorisation;
• 15.6 Introduce malware, viruses, or harmful code; or interfere with the Platform’s security or performance;
• 15.7 Use automated tools to access or scrape the Platform;
• 15.8 Post or transmit any unlawful, defamatory, obscene, or infringing content; and
• 15.9 Use the Platform for any purpose other than obtaining legitimate personal healthcare services.

16.1 The Platform integrates with third-party payment gateways, SMS/email providers, video infrastructure providers, and government health systems including ABDM. The Company does not control and is not responsible for the conduct or availability of any third-party service.

16.2 Payment for Consultations is processed through third-party payment gateways. The Company does not store your card or payment credentials. All payment disputes shall be addressed in accordance with the Refund and Cancellation Policy.

You represent and warrant to the Company as follows:

• 17.1 All information You provide on registration and during Consultations is accurate, complete, and not misleading;
• 17.2 You are accessing the Platform for lawful healthcare purposes only;
• 17.3 If accessing on behalf of a minor, You have the requisite parental or guardianship authority; and
• 17.4 You will not use the Platform in violation of any applicable law.

18.1 You shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, losses, damages, costs, and expenses arising from: (a) your breach of these Terms; (b) your provision of false, inaccurate, or misleading health information; (c) your misuse of the Platform; (d) infringement of any third-party rights by You; or (e) any claim arising from your Feedback or reviews.

19.1 To the maximum extent permitted by applicable law, the Company’s aggregate liability to You for any claims arising out of these Terms shall not exceed the total amount paid by You for the specific Consultation to which the claim relates.

19.2 The Company shall not be liable for: (a) clinical outcomes, adverse events, or medical negligence — liability for which rests solely with the consulting RMP; (b) any indirect, incidental, consequential, or exemplary loss; (c) loss arising from your failure to disclose accurate health information; (d) service interruptions attributable to third-party infrastructure.

19.3 Nothing herein excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

19.4 Consumer Rights: Nothing in these Terms shall restrict or exclude any rights You may have as a consumer under the Consumer Protection Act, 2019. You retain the right to approach the appropriate Consumer Disputes Redressal Commission.

20.1 THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATION THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL BE ERROR-FREE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

20.2 The Company does not warrant the accuracy, completeness, or timeliness of any medical information provided by RMPs through the Platform. All clinical content is provided by independent healthcare professionals.

21.1 These Terms remain in effect from the date of your registration until terminated.

21.2 You may delete your account at any time. Prior to deletion, You may request export of your health records.

21.3 The Company may suspend or terminate your account for: (a) material breach of these Terms; (b) fraudulent use; (c) abusive conduct toward Healthcare Professionals; (d) where required by law or regulatory authority.

21.4 Following account deletion or termination, the Company shall retain your health data for the minimum period required by applicable law before secure deletion.

21.5 Clauses 13 (Data), 14 (IP), 18 (Indemnification), 19 (Limitation of Liability), 22 (Dispute Resolution), and 23 (Governing Law) survive termination.

22.1 Negotiation: Any Dispute shall first be referred to good-faith negotiation for a period of thirty (30) days following written notice.

22.2 Arbitration: Disputes not resolved by negotiation shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat at New Delhi, conducted in English before a sole arbitrator.

22.3 Consumer Rights: Notwithstanding the above, You retain your right as a consumer to approach the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.

22.4 Data Grievances: For DPDP Act matters, You may also approach the Data Protection Board of India.

26.1 Entire Agreement: These Terms, together with the Privacy Policy, Refund Policy, and other incorporated policies, constitute the entire agreement between the parties.

26.2 Severability: If any provision is found invalid or unenforceable, the remaining provisions shall remain in effect.

26.3 Waiver: No waiver of any right shall be effective unless in writing.

26.4 Force Majeure: Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, epidemics, acts of government, or infrastructure failures.

26.5 Assignment: You may not assign your rights under these Terms. The Company may assign its rights to a successor entity.

26.6 Language: These Terms are in English. In case of conflict with any translation, the English version prevails.