Terms & Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between HealixPlus Solutions (“HealixPlus”, “we”, “our”, or “us”) and you (“Client”, “User”, or “you”) governing your access to and use of the HealixPlus website (healixplus.in) and the HealixPlus Hospital Management System platform (“Platform”).

By accessing our website, registering for a demo, or subscribing to our Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our services.

If you are entering into these Terms on behalf of a healthcare organisation, you represent that you have the authority to bind that organisation to these Terms.

• “Platform” means the HealixPlus Hospital Management System software, including all features, modules, APIs, and updates provided under a subscription.
• “Client” means the healthcare facility (clinic, hospital, or hospital chain) that subscribes to the Platform.
• “User” means any individual (doctor, nurse, administrator, lab technician, etc.) authorised by a Client to access the Platform.
• “Patient Data”means any personal or health information relating to a patient that is entered into the Platform by a Client or its Users, including Sensitive Personal Data or Information (SPDI) as defined under Rule 3 of the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”).
• “SPDI” means Sensitive Personal Data or Information as defined under the SPDI Rules, which includes health records, medical history, biometric data, and other categories specified therein.
• “ABDM”means the Ayushman Bharat Digital Mission and the ecosystem of standards, policies, and services governed by the National Health Authority of India, including the ABDM Health Data Management Policy (“HDMP”).
• “Subscription” means the paid plan that grants a Client access to the Platform for a defined period and scope.
• “Sub-processor” means any third-party entity engaged by HealixPlus to process personal data on its behalf in connection with providing the Platform.
• “Confidential Information” means any non-public business, technical, or financial information disclosed by one party to the other.

3.1 Permitted Use

Subject to these Terms, HealixPlus grants you a limited, non-exclusive, non-transferable licence to access and use the Platform solely for your internal healthcare management operations during your active Subscription period.

3.2 Prohibited Use

You must not:

• Sub-licence, resell, or otherwise make the Platform available to any third party without our prior written consent.
• Reverse engineer, decompile, or attempt to derive the source code of the Platform.
• Use the Platform to store or transmit unlawful, defamatory, or fraudulent content.
• Interfere with or disrupt the integrity or performance of the Platform or its infrastructure.
• Attempt to gain unauthorised access to any part of the Platform or its related systems.
• Use the Platform in a manner that violates applicable law, including DPDPA 2023, the IT Act 2000, SPDI Rules, ABDM guidelines, or MoHFW regulations.

3.3 Account Security

Clients are responsible for maintaining the confidentiality of all login credentials and for all activity that occurs under their accounts. You must notify us immediately at healixplussolutions@gmail.com if you suspect any unauthorised access.

4.1 Plans

Access to the Platform is provided on a subscription basis. The applicable fees, billing cycle, and included modules are set out in the order form or proposal agreed between HealixPlus and the Client.

4.2 Payment

Fees are due in advance for each billing period (monthly or annual, as agreed). All fees are exclusive of applicable taxes (including GST), which shall be the Client’s responsibility.

4.3 Late Payment

HealixPlus reserves the right to suspend access to the Platform if fees remain unpaid for more than 14 days after the due date. Suspension does not relieve the Client of the obligation to pay outstanding amounts.

4.4 Refunds

Fees paid in advance are non-refundable except where required by applicable law or as expressly stated in a separate written agreement. If HealixPlus terminates the agreement for reasons other than Client breach, we will refund a pro-rata portion of any prepaid fees for the unused period.

As a Client, you agree to:

• Ensure that all Users comply with these Terms and applicable law when using the Platform.
• Obtain all necessary consents from patients — including verifiable parental or guardian consent for patients under 18 — for the collection and processing of their SPDI and health data as required by DPDPA 2023 §9, SPDI Rules Rule 5, and applicable ABDM HDMP guidelines.
• Maintain accurate account information and promptly update it if it changes.
• Use the Platform only for lawful healthcare management purposes within India, unless expressly agreed otherwise.
• Ensure that User access is promptly revoked when an individual no longer requires it (e.g., upon resignation or role change).
• Cooperate with HealixPlus in any investigation of a security incident or suspected breach involving Client data, and fulfil your own breach notification obligations as Data Fiduciary under DPDPA 2023 §8(6).
• Comply with all applicable regulations governing clinical establishments in your jurisdiction, including the Clinical Establishments (Registration and Regulation) Act, 2010, and the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

5.1 Audit Rights

Clients may, with 14 days’ prior written notice and no more than once per calendar year, request evidence of HealixPlus’s compliance with its data protection and security obligations under these Terms. HealixPlus will provide relevant documentation such as security certifications, audit summaries, or penetration testing reports (subject to appropriate redactions to protect third-party confidential information). HealixPlus may satisfy this obligation by providing a written compliance statement or a relevant third-party audit report in lieu of a direct audit.

6.1 Data Ownership

All Patient Data entered into the Platform remains the property of the Client and the respective patients. HealixPlus does not claim any ownership over Patient Data.

6.2 Data Processing

HealixPlus processes Patient Data solely as a Data Processor on behalf of the Client (as Data Fiduciary) under DPDPA 2023, and only to the extent necessary to provide the subscribed services. Patient Data constitutes SPDI under the SPDI Rules and is handled in accordance with the security and consent requirements of Rule 5 and Rule 8 of those Rules. The full terms of such processing are detailed in our Privacy Policy and any applicable Data Processing Agreement executed with the Client.

6.3 Sub-processors

HealixPlus may engage Sub-processors to assist in delivering the Platform (e.g., cloud infrastructure providers, email delivery services). HealixPlus will:

• Ensure all Sub-processors are bound by data protection obligations no less protective than those in these Terms and applicable law;
• Ensure Sub-processors process data only within India unless a cross-border transfer is separately authorised under DPDPA 2023 §16 and agreed with the Client in writing;
• Provide Clients with a list of current Sub-processors upon written request;
• Notify Clients at least 14 days before adding or replacing a Sub-processor that will process Patient Data, giving the Client a reasonable opportunity to object.

6.4 Data Localisation

All personal data and Patient Data processed under these Terms is stored on servers located within India. HealixPlus will not transfer personal data or Patient Data outside India without: (a) a lawful basis under DPDPA 2023 §16; and (b) prior written consent from the Client.

6.5 ABDM Compliance

Where the Platform integrates with the ABDM ecosystem (including ABHA number management and Health Information Exchange), both HealixPlus and the Client agree to comply with the ABDM Health Data Management Policy (HDMP) and all applicable NHA guidelines. The Client, as the Data Fiduciary and Health Information Provider or User, is responsible for ensuring that valid ABDM PHR consent artefacts are obtained from patients before initiating any health data exchange through the ABDM HIE.

6.6 Data Export & Deletion

Upon termination of the Subscription, HealixPlus will make Client data available for export in a standard format for a period of 30 days. After this period, data will be securely deleted in accordance with our data retention policy and applicable law, including the minimum 5-year retention requirement under MoHFW EHR Standards 2016.

7.1 HealixPlus IP

HealixPlus and its licensors retain all intellectual property rights in the Platform, including all software, design, documentation, trademarks, and proprietary processes. These Terms do not grant you any rights in our intellectual property beyond the limited licence described in Section 3.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Platform, you grant HealixPlus a royalty-free, perpetual, irrevocable licence to use such feedback for any purpose without obligation or compensation to you.

Each party agrees to keep the other’s Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except:

• To employees or contractors who need to know it to perform their obligations, and who are bound by equivalent confidentiality obligations;
• As required by law, regulation, or a court order, provided that the disclosing party gives the other party prompt notice (where legally permitted).

This obligation survives termination of the agreement for a period of 3 years.

9.1 HealixPlus Warranties

HealixPlus warrants that:

• The Platform will perform materially in accordance with its documentation during the Subscription period.
• We will implement technical and organisational security measures commensurate with IS/ISO 27001 principles and in accordance with Rule 8 of the SPDI Rules to protect data stored on the Platform.
• We will maintain compliance with applicable Indian law governing the processing of personal data and SPDI, including DPDPA 2023, the IT Act 2000, and ABDM HDMP, and will update our practices as these laws and guidelines are amended.

9.2 Service Level & Availability

HealixPlus targets platform availability of 99% measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be communicated to Clients by email or in-platform notice at least 48 hours in advance wherever practicable, and will be scheduled outside of peak clinical hours (06:00–22:00 IST) where operationally possible.

In the event of unplanned downtime, HealixPlus will use commercially reasonable efforts to restore service as quickly as possible and will provide a root-cause summary to affected Clients within 5 business days of resolution of any outage exceeding 4 hours.

9.3 Disclaimers

To the maximum extent permitted by applicable law, HealixPlus makes no other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Platform is a management and operational tool. It does not provide medical advice, clinical diagnoses, or treatment recommendations. All clinical decisions remain the sole responsibility of the qualified healthcare professionals using the Platform.

To the fullest extent permitted by applicable Indian law:

• HealixPlus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to these Terms or your use of the Platform.
• HealixPlus’s total cumulative liability for any claim arising under or related to these Terms shall not exceed the total fees paid by the Client to HealixPlus in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, wilful misconduct, or any other liability that cannot be excluded or limited under applicable law, including liability arising from a breach of the SPDI Rules or DPDPA 2023.

11.1 Termination by Client

Clients may terminate their Subscription at any time by providing 30 days’ written notice to HealixPlus. The Subscription will remain active until the end of the current billing period, after which access will cease.

11.2 Termination by HealixPlus

HealixPlus may terminate or suspend your access:

• Immediately, if you materially breach these Terms and fail to remedy the breach within 14 days of written notice.
• Immediately, for non-payment of fees beyond the grace period in Section 4.3.
• Upon 30 days’ notice, if HealixPlus decides to discontinue the Platform or a particular feature.

11.3 Effect of Termination

Upon termination, the licence granted under Section 3 ceases immediately. Sections 6.6, 7, 8, 9.3, 10, and 13 survive termination. HealixPlus will provide data export access as described in Section 6.6.

Neither party shall be in breach of these Terms nor liable for any delay or failure to perform its obligations (other than a payment obligation) if such delay or failure results from a Force Majeure Event. A Force Majeure Event means any cause beyond a party’s reasonable control, including but not limited to:

• Acts of God, natural disasters, flood, fire, earthquake, or epidemic/pandemic declared by a competent authority;
• Acts of government, war, civil unrest, terrorism, or national emergency;
• Widespread failure of internet infrastructure, power grids, or telecommunications networks beyond the party’s control;
• Actions or failures of third-party cloud infrastructure providers not caused by the party’s own negligence.

The affected party must notify the other in writing as soon as reasonably practicable after becoming aware of the Force Majeure Event, describing its nature and expected duration. If a Force Majeure Event continues for more than 30 days, either party may terminate the agreement on written notice without further liability, subject to the data export provisions in Section 6.6.

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties.

If the dispute is not resolved within 30 days of written notice, it shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Noida, Uttar Pradesh, India, and proceedings shall be conducted in English.

Subject to the arbitration clause above, the parties submit to the exclusive jurisdiction of the courts of Noida, Uttar Pradesh, India for interim or injunctive relief.

HealixPlus reserves the right to modify these Terms at any time. We will notify active Clients of material changes by email at least 14 days before the changes take effect.

Continued use of the Platform after the effective date of revised Terms constitutes acceptance of those Terms. If you do not agree to the revised Terms, you must cease using the Platform and notify us to terminate your Subscription.

For questions about these Terms or to exercise any rights described herein, please contact us: