These Terms of Service (“Terms”) govern access to and use of CutiSpan, a clinic-management platform (the “Platform”, “Service”) provided by SJ Soft Tech (“we”, “us”, “our”), a sole proprietorship with its place of business at G-3, SKC Royal Sannidhi, Road No. 5, Praneeth Nagar Road, KVR Valley, Shambipur (VTC), Bowrampet (PO), Medchal-Malkajgiri, Telangana 500043, India, available at https://cutispan.com and per-clinic subdomains (*.cutispan.com).
By creating an account, subscribing to, or using the Platform, the subscribing clinic and each of its users (“you”, the “Clinic”) agree to these Terms and to our Privacy Policy and Refund & Cancellation Policy, which are incorporated by reference. If you do not agree, do not use the Platform.
CutiSpan is software that helps a Clinic run its practice — appointments, electronic medical records, prescriptions, pharmacy and inventory, lab tests, GST billing, telemedicine and a branded patient portal. We grant the Clinic a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for its internal clinical and business operations during an active Subscription.
To use the Platform you must be a lawfully operating clinic or healthcare provider (or authorised to act for one), be capable of forming a binding contract under Indian law, and use the Platform only for lawful purposes. You are responsible for holding all licences, registrations and approvals required to provide healthcare services in your jurisdiction.
The Clinic is responsible for its account, for creating and managing staff user accounts and roles, and for keeping all credentials confidential. The Clinic is responsible for all activity under its account. You must notify us promptly of any unauthorised use or security incident. We may enforce security controls (password rules, lockouts, single-session, idle sign-out) to protect the Platform.
Access is provided on a subscription basis under the plan the Clinic selects. Plans, features and prices are as published on our website or agreed in writing and may change on prospective notice.
Subscription fees are collected through our payment provider (currently Razorpay). We do not store full card or bank details; these are handled by the payment gateway under its own terms.
Patient payments are separate. Where a Clinic collects payments from its own patients through the Platform, those funds settle into the Clinic’s own payment account. We are not a party to, and are not responsible for, transactions between a Clinic and its patients; refunds for such payments are governed by the individual Clinic’s policy.
Subscription refunds and cancellation are governed by our Refund & Cancellation Policy. In summary: a free trial lets you evaluate the Platform first; once a paid plan begins, Subscription fees are non-refundable, and you may cancel at any time to stop future renewals.
The Clinic is solely responsible for:
You must not: use the Platform for any unlawful, fraudulent or infringing purpose; upload malware or attempt to breach, probe or disrupt the Platform or other tenants’ data; reverse-engineer, copy, resell or sublicense the Platform except as permitted; or access data of any clinic other than your own. Each Clinic’s data is isolated; attempting to circumvent that isolation is a material breach.
For Patient Data, the Clinic is the Data Fiduciary / controller and we act as the Data Processor, processing Patient Data only to provide the Service and on the Clinic’s documented instructions. For Clinic-account, staff and website-visitor data, we act as the Data Fiduciary. Our collection, use, sharing, security, retention and your rights are described in the Privacy Policy, which forms part of these Terms and reflects the DPDP Act, 2023 and the Information Technology Act, 2000.
The Clinic warrants that it has a lawful basis and the necessary patient consents for the Patient Data it processes through the Platform. We implement reasonable technical and organisational security measures and will assist the Clinic, so far as reasonable, in meeting its own data-protection and breach-notification obligations.
The Platform, its software, design, and the CutiSpan name and logo are owned by SJ Soft Tech and protected by law. CutiSpan™ and the CutiSpan logo are trademarks of SJ Soft Tech. Except for the limited right to use the Platform during an active Subscription, no rights are granted to you. You retain all rights to your Clinic Data; you grant us a limited licence to host and process it solely to provide and support the Service and as described in the Privacy Policy. Feedback you provide may be used to improve the Service without obligation to you.
The Platform integrates optional third-party services — e.g. Razorpay (payments), Meta WhatsApp Cloud API (notifications, if the Clinic enables it with its own account), and VideoSDK.live (telemedicine video). Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services, their availability, or their acts and omissions.
We aim to keep the Platform available and reliable but do not warrant uninterrupted or error-free operation. We may perform maintenance, updates and changes, and may modify or discontinue features. We provide support through the channels published on our website.
You may stop using the Platform and cancel your Subscription at any time (see the Refund & Cancellation Policy). We may suspend or terminate access for non-payment, material breach of these Terms, unlawful use, or where required by law, generally after reasonable notice where practicable. On termination, your right to use the Platform ends; we will make Clinic Data available for export for a reasonable period and then delete it from active systems, except where law requires continued retention (see the Privacy Policy).
To the maximum extent permitted by law, the Platform is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Platform will meet all your requirements or be error-free, secure or uninterrupted.
To the maximum extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for loss of profits, revenue, goodwill, data, or business, arising out of or relating to the Platform; and (b) our aggregate liability arising out of or relating to these Terms or the Platform will not exceed the total Subscription fees actually paid by the Clinic to us in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits any liability that cannot be limited under applicable law.
The Clinic will indemnify and hold harmless SJ Soft Tech and its personnel from and against claims, damages, losses and expenses (including reasonable legal fees) arising out of or relating to: the Clinic’s use of the Platform; the Clinic Data and clinical decisions; the Clinic’s breach of these Terms or of any law; or claims by the Clinic’s patients or staff, except to the extent caused by our own proven gross negligence or wilful misconduct.
Each party will protect the other’s confidential information (including Clinic Data and non-public aspects of the Platform) and use it only to perform under these Terms, except where disclosure is required by law.
Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, power or internet failures, third-party service outages, government action, or labour disputes.
We may update these Terms from time to time. We will post the revised version here with a new “Last updated” date and, for material changes, take reasonable steps to notify Clinics. Continued use after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by and construed in accordance with the laws of India. Subject to applicable law, the courts at Hyderabad, Telangana have exclusive jurisdiction. The parties will attempt to resolve disputes amicably before resorting to litigation.