Terms of Use

1. Definitions

• "Screen" — a television, display panel or player registered to the Hospital in the Platform.
• "Content" — anything scheduled for display: hospital notices, educational material, videos, images, queue and appointment information, and advertising.
• "Advertising Content" — Content promoting a third party's goods, services or brand.
• "Advertiser" — the party whose goods, services or brand are promoted.
• "Queue Information" — token, appointment, counter and consulting-room data drawn from the Hospital's systems.
• "Order" — the signed order form or agreement specifying sites, Screens, modules, term, fees and commercial terms.

2. Our role

• Caresoft supplies software that schedules, distributes and monitors Content across the Hospital's Screens, and reports on playback.
• We are not a broadcaster, a publisher of the Hospital's content, or an advertising agency for the Hospital, and we do not warrant the truth, quality or legality of Content supplied by the Hospital or by an Advertiser.
• Where Caresoft sources Advertising Content under an arrangement in the Order, we act as a media sales intermediary only, and the Advertiser remains responsible for its own content.
• In respect of Content transmitted at the Hospital's direction, Caresoft acts as an intermediary under the Information Technology Act, 2000.

3. Licence and access

Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, non-sublicensable right, during the term and within the Screen and site limits in the Order, to use the Platform at the premises named in the Order.

You must not exceed licensed Screen counts, use the Platform at unlisted premises, resell or provide it as a service to another organisation, reverse engineer it, or use it to build a competing product.

4. Screens, network and hardware

• Unless the Order says otherwise, the Hospital supplies and owns all Screens, mounts, players, cabling, power and network, and is responsible for their purchase, installation, electrical safety, insurance, maintenance and replacement.
• Screens must meet the published minimum specification. The Platform application runs on the Screen; performance depends on that device.
• The Hospital provides network connectivity meeting the published requirement. Screens are cached where supported, but a Screen without connectivity will eventually stop updating and may stop displaying.
• Physical safety, mounting integrity, and compliance with any building, electrical or fire regulation applying to the installation are the Hospital's responsibility.
• Screens must not be positioned where they obstruct signage, exits, fire equipment or clinical activity.

5. Accounts and users

Accounts are personal to each user and must not be shared. The Hospital provisions, reviews and revokes its own users, and must revoke access within [24] hours of a person leaving or changing role. The Hospital is responsible for all activity under its accounts, and must notify [email protected] immediately of any suspected compromise.

6. Content and approval

• The Hospital warrants that Content it uploads or approves is accurate, lawful, and does not infringe any third-party right.
• The Hospital is responsible for obtaining all licences, consents and releases required for Content, including music, footage, images, and the likeness of any identifiable person — including its own doctors, staff and patients.
• Approval may be delegated to named roles, but responsibility remains the Hospital's.
• Caresoft may review Content and may refuse or remove anything that in our reasonable opinion breaches these Terms, the Advertising & Content Policy or the law. We are not obliged to review, and reviewing some Content creates no obligation to review all.

7. Advertising standards

All Advertising Content displayed through the Platform must comply with applicable Indian law and advertising standards, including:

8. Prohibited content

The following must not be displayed through the Platform in any zone:

• Prescription medicines advertised to the public; treatments or remedies prohibited by the Drugs and Magic Remedies Act; unproven cures for serious conditions.
• Tobacco, e-cigarettes, alcohol (including surrogate advertising), gambling and betting.
• Misleading health claims, guaranteed outcomes, or before-and-after imagery presented as typical.
• Content promoting a competing hospital, clinic, laboratory or practitioner without the Hospital's express written consent.
• Any depiction of an identifiable patient without written consent.
• Content that is obscene, defamatory, hateful, discriminatory, or that promotes violence or self-harm.
• Political advertising, unless expressly permitted in the Order and compliant with applicable law.
• Content that infringes copyright, trademark or personality rights.
• Rapid flashing or strobing sequences capable of triggering photosensitive seizures.
• Anything unlawful, or prohibited under the Information Technology Act, 2000 and rules thereunder.

9. Removal and takedown

• The Hospital may remove any Content from its Screens at any time, immediately, through the Platform.
• Caresoft may remove or suspend Content on receipt of a valid court order, government direction, statutory notice or credible complaint of unlawful content, and will notify the Hospital where lawfully permitted. Where the direction requires immediate action, we act first and notify afterwards.
• Complaints about displayed Content may be made to our Grievance Officer (Section 27). Complaints are acknowledged within 24 hours and actioned within the timelines prescribed by law.
• Repeated display of infringing or unlawful Content is grounds for suspension or termination.

10. Patient and queue information

• The Platform defaults to token numbers and masked identifiers. The Hospital may configure what appears, and does so at its own risk and on its own assessment.
• Where the Hospital chooses to display names or other identifying information, it is responsible for the lawful basis, for any notice or consent required, and for the consequences of that disclosure.
• We recommend, and the Platform supports: token-only display; partial masking; suppression of department or speciality names in shared public areas; and different configurations for public corridors and restricted areas.
• Clinical information — diagnosis, investigation results, treatment details — must never be displayed on a Screen, in any zone, in any form.
• Queue Information accuracy depends on data supplied by the Hospital's systems (Section 13). The Platform displays what it receives.

11. Educational content

Health education Content is general awareness information. It is not medical advice, is not tailored to any individual, and must not be presented as guidance for any patient's diagnosis or treatment. The Hospital is responsible for the clinical accuracy of educational Content it uploads or approves, and should have it reviewed by an appropriate clinician. Where Caresoft supplies a content library, it is offered as a convenience and remains subject to the Hospital's approval and clinical review.

12. Emergency and life safety

13. Integration with hospital systems

• Where the Platform draws Queue Information from a hospital information system, the accuracy and timeliness of that data is the Hospital's responsibility.
• The Hospital must notify Caresoft at least [14] days before upgrading, replacing or reconfiguring an integrated system. Changes made without notice may cause incorrect or stale display; remediation is chargeable.
• Where the integrated system is not supplied by Caresoft, integration depends on that vendor's interface and cooperation, which is outside our control.
• Stale Queue Information is worse than none. The Platform surfaces connection state, and the Hospital is responsible for acting on it.

14. Playback, reporting and no impression guarantee

• The Platform records proof of play at Screen level: what was scheduled, what was rendered, and when.
• Playback is not viewership. We do not measure, and give no warranty as to, how many people saw any Content, who they were, or whether they were looking. Proof-of-play reports are device-level records, not audience measurement.
• We do not use cameras, face detection, footfall sensors, mobile device tracking or any audience-measurement technology, and will not introduce any without the Hospital's prior written agreement and a separate privacy assessment.
• Playback depends on Screen power state, network, device behaviour and third-party firmware. Missed plays are recorded where detectable, but a Screen that is switched off at the wall reports nothing.
• Utilisation and playback reports are generated automatically and sent to recipients configured by the Hospital.

15. Advertising revenue and billing

• Commercial terms for advertising inventory — revenue share, minimum guarantees, reserved hospital screen time, permitted categories and approved Advertisers — are as stated in the Order.
• The Hospital controls which zones carry advertising, which categories are acceptable, and what proportion of screen time is reserved for its own messaging.
• Where Caresoft contracts with an Advertiser, that contract is between Caresoft and the Advertiser; the Hospital is not a party to it and has no liability under it.
• Where the Hospital contracts directly with an Advertiser, Caresoft is not a party and takes no responsibility for payment, performance or content beyond providing the Platform.
• Revenue share, where applicable, is reconciled and paid per the Order, based on proof-of-play records. No revenue is guaranteed, and demand for inventory is not within our control.

16. Intellectual property in content

The Hospital retains all rights in its own Content. Advertisers retain rights in theirs. Each grants Caresoft a limited, non-exclusive licence to host, transcode, cache, distribute and display that Content on Screens for the purpose of providing the Platform, for the term.

Caresoft and its licensors retain all rights in the Platform, its software, templates, layouts, documentation and the marks "Screenify" and "Caresoft". No rights are granted except as expressly stated.

17. Data protection

Where the Platform processes personal data — Queue Information, user accounts, and any identifiable information the Hospital chooses to display — the Hospital is the data fiduciary / controller and Caresoft is a data processor, under the Data Processing Addendum. Data is stored and processed within India. The Hospital is responsible for patient notices and any consent required for display of identifiers. See the Privacy Policy.

18. Availability and support

Availability, severities, response targets and credits are in the service level agreement. Service credits are the sole remedy for availability failures. Screen-side failures caused by hardware, power, network or device firmware are outside the SLA. Planned maintenance is notified in advance and scheduled outside peak outpatient hours where practicable.

19. Fees and payment

• Fees are as stated in the Order, typically per Screen per period, exclusive of GST and other taxes.
• Subscriptions renew automatically at the then-current rate unless cancelled before renewal. Price revisions require [30] days' notice, effective at renewal.
• Invoices are payable within [30] days. Overdue amounts attract interest at [1.5]% per month or the maximum permitted by law, whichever is lower. Invoices are deemed accepted unless disputed within [15] days.
• We may suspend advertising delivery for non-payment after notice, but will give [15] days' notice before suspending queue and appointment display, since patients rely on it.

20. Confidentiality

Each party protects the other's confidential information with at least reasonable care. The Hospital's footfall data, advertising rates and revenue figures are its confidential information and are not disclosed to another hospital or benchmarked in identifiable form. Obligations survive for [3] years, and indefinitely for personal data and source code.

21. Warranties

We warrant that we have the right to grant the licence, that the Platform will perform materially in accordance with its documentation, and that we will provide the services with reasonable skill and care.

The Hospital warrants that it holds the licences required to operate its facilities, that Content it uploads or approves is lawful and cleared, that it has the rights and consents needed for all Content and for any identifier displayed, and that it will maintain its own emergency systems independently of the Platform.

22. Limitation of liability

23. Indemnities

• By us: against third-party claims that the Platform as supplied infringes intellectual property rights, subject to prompt notice, control of defence and cooperation.
• By the Hospital: against claims, penalties, losses and costs arising from Content it uploads or approves — including Advertising Content — from breach of advertising or drug-advertising law, from display of patient identifiers, from infringement of any third-party right in Content, and from reliance on the Platform for emergency notification.
• Where Caresoft sources an Advertiser, Caresoft will pass through and enforce equivalent indemnities from that Advertiser, and will pursue them on the Hospital's reasonable request.

24. Term, termination and exit

• Term as stated in the Order, renewing automatically unless either party gives [60] days' notice.
• Either party may terminate for material breach not cured within [30] days, or immediately on insolvency.
• Caresoft may suspend or terminate immediately where Content displayed creates a legal or reputational risk that the Hospital has not remedied on notice, or on a lawful direction.
• On termination, Screens revert to the Hospital's own control. The Hospital's Content, schedules and playback reports are exported on request within [30] days. Advertising commitments already sold are handled per the Order.
• Sections 16, 20, 22, 23 and this Section survive termination.

25. 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, strike, government or regulatory action, power failure, and failure of internet, telecom or third-party device firmware.

26. Governing law and disputes

Governed by the laws of India. The parties will escalate to senior representatives 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.

27. Grievance redressal

Grievance Officer (Information Technology Act, 2000 and rules thereunder; Digital Personal Data Protection Act, 2023):
Name: Rajeev Pillai  |  Email: [email protected]
Address: 311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107
Acknowledgement within 24 hours; resolution within 15 days. Complaints about displayed Content are actioned within the timelines prescribed by law.

28. General

• Entire agreement — the Order, these Terms and incorporated policies supersede all prior discussions. Hospital purchase-order terms have no effect.
• Assignment — not without written consent, save to a successor of substantially the whole business on notice.
• Subcontracting — permitted; we remain responsible.
• Notices — in writing to the Order addresses; in-product notice is valid for operational matters.
• Publicity — we may name you as a customer with your prior written consent.
• Severability, waiver, counterparts — standard. These Terms constitute an electronic record under the Information Technology Act, 2000.
• Amendment — material changes on [30] days' notice. Continued use after the effective date is acceptance.