Advertiser Terms
These Advertiser Terms govern the booking and display of advertising on Screenify hospital screens, operated by Caresoft Systems Private Limited, CIN: U72900MH2022PTC387875, ("Caresoft", "we"), by the advertiser or agency named in the Booking ("Advertiser", "you").
Two things to understand before you book.
1. Every hospital can refuse or remove your advertisement at any time, for any reason, without explaining itself. Your booking is subject to that veto throughout the campaign, not just at approval.
2. You are buying screen time, not impressions. We report what played on which screen and when. We hold no audience data at all, and no figure we or anyone else quotes about how many people saw your advertisement is a measurement.
These Terms incorporate the Advertising & Content Policy, Privacy Policy, Disclaimer and Refund & Cancellation Policy. In a conflict: the signed Booking, then these Terms, then the policies — except that the Advertising & Content Policy prevails on any question of what content is permitted.
1. Definitions
- "Booking" — the signed order or online confirmation specifying hospitals, screens, zones, duration, schedule, rate and campaign dates.
- "Creative" — the advertisement files you supply.
- "Host Hospital" — a hospital or clinic on whose screens your Creative is scheduled.
- "Proof of Play" — the device-level record of what was rendered on which screen and when.
- "Slot" — a scheduled playback opportunity in a designated advertising zone.
2. Our role
- Caresoft operates the platform and sells access to advertising inventory made available by Host Hospitals.
- We are not an advertising agency, do not create or author Creative, and do not advise on media strategy or campaign design.
- We do not verify the truth of claims in your Creative and do not provide legal clearance for it.
- Inventory is made available by Host Hospitals under their own agreements with us. Your contract is with Caresoft; you have no contractual relationship with any Host Hospital.
3. Bookings
- A Booking becomes binding on our written acceptance, or on the campaign going live, whichever is earlier.
- Availability is not reserved until a Booking is accepted, and rates quoted are valid for the period stated.
- Creative must be submitted at least [5] working days before the campaign start, with substantiation and any required registration numbers (Content Policy §12).
- Late Creative does not extend a campaign. Where Creative is submitted or approved late, the campaign runs for the remainder of the booked period and no refund is due for lost days.
- Campaign changes after acceptance are subject to availability and may be chargeable.
4. Agencies
- Where you book as an agency, you warrant that you are authorised to bind the advertiser and that the advertiser accepts these Terms.
- The agency and the advertiser are jointly and severally liable for payment, for content compliance, and under the indemnity in §20.
- You must disclose the identity of the underlying advertiser. We do not accept Creative for undisclosed principals.
- Agency commission arrangements, where agreed, are as stated in the Booking.
5. Content standards and approval
All Creative is subject to the Advertising & Content Policy, which forms part of these Terms. In summary: prohibited categories are absolute, restricted categories have conditions, health claims are tightly controlled, and creative must suit a hospital setting.
Approval by Caresoft or by a Host Hospital is not legal clearance and does not transfer responsibility for your Creative away from you. Our review is a commercial and reputational screen. You remain fully responsible for the legality of what you publish.
- Creative requires both Caresoft screening and Host Hospital approval before scheduling.
- Approval may be withdrawn at any time if new information emerges or a complaint is upheld.
- You must produce substantiation for any factual or comparative claim within [3] working days of request. Failure to do so results in immediate removal.
6. Your warranties
You warrant, for every Creative and for the duration of every campaign, that:
- the Creative and the products or services advertised comply with all applicable Indian law, including the statutes listed in Content Policy §3;
- you hold all licences, registrations and approvals required for the products or services advertised, and will produce evidence on request;
- all claims are truthful, not misleading, and capable of substantiation held by you;
- you own or are licensed to use everything in the Creative — footage, music, images, fonts, voices, logos and any person's likeness;
- no identifiable individual appears without their written consent, and no patient appears at all;
- the Creative does not infringe any third-party right;
- the Creative complies with photosensitivity requirements (Content Policy §9);
- you are not advertising on behalf of an undisclosed party.
7. Hospital veto and removal
A Host Hospital may refuse, pause or permanently remove your Creative at any time, without notice and without giving reasons. It may do so before the campaign starts or in the middle of it.
This is not negotiable and is not a defect in the service. A hospital's reputation with its patients outranks any advertising booking, and we will not override that judgement.
- Where a hospital removes Creative for reasons unrelated to your breach, unserved inventory at that hospital is credited or refunded (see Refund Policy).
- Where removal follows a breach of the Content Policy, no credit or refund is due.
- We may also remove Creative on our own assessment, on a complaint, or on a lawful direction — see §17.
- You may not contact a Host Hospital to challenge a removal or to book directly around us during the campaign and for [6] months afterwards.
8. Delivery and proof of play
- We report Proof of Play at screen level: what was scheduled, what rendered, and when.
- Reports are made available [weekly / at campaign end] as stated in the Booking.
- Proof of Play records are our authoritative measure of delivery, absent manifest error.
- Playback depends on screen power state, network, device firmware and hospital operations. A screen switched off at the wall reports nothing and delivers nothing.
- Missed plays are recorded where detectable, but detection is not guaranteed.
9. No impression or audience guarantee
Playback is not viewership. A Proof of Play record establishes that a file was rendered on a display at a time. It says nothing about whether anyone was present, looking, or paying attention.
Screenify uses no cameras, no face detection, no footfall sensors and no mobile tracking, and therefore holds no audience data whatsoever. This is a deliberate design choice for a hospital environment.
- Any impression, reach, footfall or OTS figure quoted anywhere — by us, by a reseller, or in a media plan — is an estimate derived from hospital footfall data or industry assumptions. It is not a measurement and we do not warrant it.
- We give no guarantee of impressions, reach, frequency, dwell time or audience composition.
- No refund or make-good arises from actual audience being lower than an estimate.
- If your media planning requires audited impression data, Screenify is not a suitable channel and you should not book.
10. No outcome guarantee
We give no warranty as to enquiries, footfall, sales, brand recall, downloads, scans or any commercial outcome. Any figures in a proposal or business case are illustrative. Advertising outcomes depend on your product, your offer, your creative and market conditions, none of which are within our control.
11. Under-delivery and make-good
| Situation | Remedy |
|---|---|
| Delivered Slots fall below [90]% of booked Slots for reasons attributable to us or to platform failure | Make-good in additional Slots at the same or comparable hospitals; or pro-rata credit if make-good is not practicable |
| A Host Hospital removes Creative for reasons unrelated to your breach | Pro-rata credit or refund for unserved inventory at that hospital |
| A hospital exits the network mid-campaign | Reallocation to comparable inventory, or pro-rata credit |
| Screens offline due to hospital power, network or hardware | Recorded and reflected in delivery; make-good at our discretion where material |
| Under-delivery caused by late or non-compliant Creative | No remedy |
| Actual audience lower than an estimate | No remedy — see §9 |
Make-good is the primary remedy and credit the secondary one. Claims must be raised within [15] days of the end of the campaign, with the Proof of Play reference.
12. Fees, payment and taxes
- Rates, minimum spend and payment terms are as stated in the Booking, in Indian rupees, exclusive of GST and other taxes.
- New advertisers pay in advance. Credit terms, where granted, are stated in the Booking.
- Invoices are payable within [15] days. Overdue amounts attract interest at [1.5]% per month or the maximum permitted by law, whichever is lower.
- We may pause a live campaign for non-payment after [7] days' notice.
- Production, adaptation or re-authoring of Creative, where we provide it, is chargeable separately and is non-refundable once commenced.
- Where you are an agency, non-payment by your client does not relieve you of liability (§4).
13. Cancellation
| Notice before campaign start | Charge |
|---|---|
| More than [21] days | No charge; full refund of any prepayment |
| [8]–[21] days | [25]% of booked value |
| [7] days or less | [50]% of booked value |
| After the campaign has started | Full booked value; no refund for unserved inventory |
Cancellation must be in writing to [email protected]. These charges reflect inventory held and turned away, not a penalty.
14. Intellectual property in creative
- You retain all rights in your Creative.
- You grant Caresoft a non-exclusive, royalty-free licence to host, transcode, cache, schedule, distribute and display the Creative on Screenify screens for the campaign period, and to retain a copy afterwards as part of the Proof of Play record.
- We may retain a still frame or short excerpt for internal records and for demonstrating our compliance process. We will not use your Creative in our own marketing, or name you as an advertiser publicly, without your prior written consent.
- Caresoft retains all rights in the platform, its scheduling and reporting systems, and the marks "Screenify" and "Caresoft".
15. Data and no targeting
Advertising is never selected on the basis of who is watching, who they are visiting, or any patient information. Using patient information to target advertising is prohibited absolutely and is not available at any price.
- You may specify hospitals, screen locations and dayparts. You may not specify anything that would target patients of a particular condition.
- You receive Proof of Play for your own campaigns only. You receive no queue data, no patient data and no audience data.
- You must not attempt to collect data from viewers through a Creative in a way that circumvents this — including QR codes designed to capture health information without proper notice and consent.
- Where a Creative carries a QR code or link, the landing experience is your responsibility, including its own privacy compliance.
16. Confidentiality
Rates, hospital-level inventory data and campaign performance are confidential to the parties. You must not disclose our rate card or hospital list to third parties. We will not disclose your campaign details to other advertisers.
17. Suspension and termination
We may suspend or remove Creative, or terminate a Booking, immediately and without refund, where:
- the Creative breaches the Advertising & Content Policy;
- a claim proves unsubstantiated or misleading;
- you fail to produce evidence of a licence or registration on request;
- a regulator, court or authority directs removal;
- a complaint is upheld;
- payment is overdue after notice;
- you approach Host Hospitals in breach of §7.
Where a booking is terminated for your breach, the full booked value remains payable and unserved inventory is not refunded.
18. Our warranties
We warrant that we will provide the services with reasonable skill and care and that we are entitled to make the inventory available.
OTHERWISE THE SERVICE IS PROVIDED "AS IS". WE DO NOT WARRANT THAT ANY SLOT WILL PLAY AT ANY PARTICULAR TIME OR ON ANY PARTICULAR SCREEN; THAT ANY SCREEN WILL BE POWERED OR ONLINE; THAT ANY PERSON WILL SEE YOUR ADVERTISEMENT; THAT ANY HOSPITAL WILL APPROVE OR CONTINUE TO CARRY YOUR CREATIVE; OR THAT ANY COMMERCIAL OUTCOME WILL RESULT.
19. Limitation of liability
19.1 WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SALES, BRAND VALUE OR ANTICIPATED BUSINESS.
19.2 SUBJECT TO 19.3, OUR TOTAL AGGREGATE LIABILITY IN RESPECT OF ANY CAMPAIGN SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THAT CAMPAIGN.
19.3 THE CAP DOES NOT APPLY TO BREACH OF CONFIDENTIALITY, WILFUL MISCONDUCT OR GROSS NEGLIGENCE, OR YOUR PAYMENT AND INDEMNITY OBLIGATIONS.
19.4 NOTHING LIMITS LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
19.5 We are not liable for: a Host Hospital's refusal or removal of your Creative; screens being offline; any consequence of an audience estimate proving inaccurate; any commercial outcome; or any loss arising from your own Creative, claims or landing pages.
20. Indemnity
You will defend, indemnify and hold harmless Caresoft, Caresoft Systems Private Limited, and each Host Hospital on whose screens your Creative was displayed, against all claims, proceedings, penalties, losses, damages and costs (including reasonable legal fees) arising from:
• your Creative, including any claim made in it;
• breach of the Advertising & Content Policy or of any advertising,
drug-advertising, consumer-protection or other law;
• infringement of any third-party intellectual property, publicity or personality right;
• any regulatory action, including by the CCPA, ASCI, a drug controller or any authority;
• any harm alleged to arise from viewing your Creative;
• your landing pages, QR destinations or data collection.
Host Hospitals are intended third-party beneficiaries of this indemnity and may enforce it directly. This reflects that a hospital carries reputational and regulatory exposure for advertising on its premises that it did not create.
21. Force majeure
Neither party is liable for delay or failure to perform (other than payment) due to causes beyond its reasonable control, including acts of God, natural disaster, epidemic, fire, civil unrest, government or regulatory action, power failure, and failure of internet, telecom or third-party device firmware. Where a campaign is affected, unserved inventory is credited or rescheduled.
22. Governing law and disputes
Governed by the laws of India. The parties will escalate in good faith for [30] days. Failing resolution, disputes are finally settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by agreement, seated at [Mumbai, Maharashtra], in English. Subject to arbitration, the courts at [Mumbai, Maharashtra] have exclusive jurisdiction.
23. General
- Entire agreement — the Booking, these Terms and the incorporated policies supersede prior discussions. Your insertion order terms have no effect unless expressly accepted by us in writing.
- Assignment — you may not assign without our consent. We may assign to an affiliate or in a merger or sale of assets.
- Third-party rights — Host Hospitals may enforce §7, §15 and §20.
- Notices — to the addresses in the Booking; to us at [email protected].
- Severability, waiver — standard. These Terms constitute an electronic record under the Information Technology Act, 2000.
- Amendment — we may revise these Terms on [30] days' notice; live campaigns run under the version in force when the Booking was accepted.
24. Contact
Bookings:
[email protected]
Creative submission and content queries:
[email protected]
Billing:
[email protected]
Grievance Officer:
Rajeev Pillai,
[email protected]
— acknowledgement within 24 hours,
resolution within 15 days
Caresoft Systems Private Limited,
311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107, CIN [U72900MH2022PTC387875]