Terms & Conditions

1. These Terms and Conditions ("Terms") govern the contractual relationship between Dawnbreak AI Private Limited ("Dawnbreak AI," "we," "us," or "our") and the hospital ("Client," "you") purchasing or licensing the Dawnbreak mobile application ("Platform") and related services. By accessing or using the Platform, you agree to these Terms on behalf of yourself, your employees, contractors, and agents ("Authorized Users"). Any use of the Platform by Authorized Users constitutes acceptance of these Terms. These Terms outline the conditions for accessing the paid services, software, operations, and functionalities of the Platform provided by us. 

   
   

Please read these Terms carefully before using the Services.

2. By using our Services, you indicate your acceptance of this Agreement, which thereby forms a binding contract between you and us. You represent that you are legally capable of accepting these Terms and affirm that you are of 18 years or the legal age mandated within your jurisdiction, should it be higher. Additionally, you must not be barred by the Indian Contract Act, 1872, the Indian Majority Act, 1875, or any other applicable laws that determine the age of majority from utilizing our Services or entering into a binding contract. Furthermore, if you are acting on behalf of an entity, you represent that such entity is duly incorporated under the Companies Act or any other applicable law and you are duly authorized to act on their behalf. Our acceptance of your use of the Services is expressly conditioned on your agreement to all the terms and conditions outlined in this Agreement. By accepting, agreeing to, accessing, or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions referenced herein or otherwise applicable to specific areas of the Platform ("Agreement"). 

   
   

3. We reserve the right to revise and update these Terms from time to time at our sole discretion. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the changes. You are expected to review this page periodically to stay informed of any updates, as they are binding on you. We may also post updates officially on the Platform. You alone are responsible for periodically reviewing these Terms to stay informed of any changes. If you do not agree to be bound by these Terms or any updated version, you must discontinue using the Services.

   
   

4. User Eligibility & Responsibilities

   1. You are responsible for verifying the credentials and professional qualifications of all Authorized Users before granting them access to the Platform. Furthermore, you must ensure that the Platform is used exclusively by trained personnel. In the event of employee termination, contract termination, removal of any Authorized User, or instances of unauthorized access, you are obligated to promptly revoke such individuals' access to the Platform.

   2. You shall ensure compliance with all applicable healthcare regulations, including India’s Clinical Establishments Act, 2010, the Digital Personal Data Protection Act, 2023.

   3. You shall be responsible for maintaining up-to-date records of your Authorized Users and ensuring that access to the Platform is restricted solely to those individuals with valid authorization.

      
      

5. Compliance with Legal Requirements

   1. You undertake that, upon the collection, storage, and processing of medical and personal data, you shall implement and maintain all reasonable and legally required security measures. Furthermore, you shall ensure that the Authorized Users are under similar obligations as you, in compliance with applicable data protection laws.

   2. Security Measures & Access Control

      1. You agree to implement access control mechanisms, ensuring that only authorized personnel have access to medical and personal data. This includes:

      2. Role-Based Access Controls (RBAC) to restrict access to sensitive information.

      3. Unique User Identification and Multi-Factor Authentication (MFA) to prevent unauthorized access.

      4. Automatic Session Timeout to minimize security risks from unattended sessions.

   3. Audit Logging & Monitoring to track access and modifications to stored data.

      1. Ensuring protection against unauthorized access, modification, or disclosure of sensitive personal data.

   4. Data Encryption & Integrity

      1. You shall ensure that medical and personal data is encrypted: Using industry-standard encryption protocols; Ensuring secure transmission via AES-256 encryption; End-to-End Encryption (E2EE) to protect data from unauthorized interception.

      2. De-identification & Pseudonymization where applicable, minimizing exposure to identifiable data.

   5. Data Retention & Deletion 

      1. You undertake to:

         1. Implement automated deletion protocols for data no longer required.

         2. Utilize secure deletion methods such as NIST 800-88 or DoD 5220.22-M standards when purging sensitive information.

         3. Ensure compliance with Rule 5 of the IT (Reasonable Security Practices) Rules, 2011, which mandates that personal data should not be retained for longer than necessary.

   6. Breach Detection & Notification

      1. In the event of a data breach, you shall:

      2. Continuously monitor systems using Intrusion Detection Systems (IDS).

      3. Have a documented Incident Response Plan (IRP) in place.

      4. Notify relevant authorities and affected individuals within the legally mandated timeframe.

   7. Backup & Disaster Recovery

      1. You shall ensure the implementation of:

      2. Encrypted backups stored in secure offsite locations.

      3. Disaster recovery mechanisms to restore lost or corrupted data.

      4. Tamper-proof audit trails to verify data integrity and compliance.

   8. If transferring data outside the jurisdiction in which it was collected, you agree to comply with all applicable cross-border data transfer regulations. In particular, you shall ensure that any sensitive medical data is stored, processed, and transferred in accordance with the cross-border transfer requirements prescribed by the Government of India.

   9. Authorized User’s Training & Internal Policies

      1. You shall ensure that:

      2. Authorized Users handling medical and personal data receive regular compliance training to maintain awareness of applicable regulations and best practices.

      3. Internal policies are enforced with respect to data handling, remote access, and security protocols to safeguard the integrity and confidentiality of such data.

      4. Periodic internal audits are conducted to assess and verify compliance with relevant data protection and security requirements. 

   10. Physical Security Measures

       1. You shall implement and maintain appropriate physical security controls, including but not limited to:

       2. Restricted access to data centers, enforced through biometric authentication and continuous surveillance monitoring, to ensure the security of physical assets and sensitive data.

       3. Disaster prevention measures, such as fire suppression systems and uninterruptible power supply (UPS) backups, to safeguard against potential threats

       4. As applicable; compliance with ISO/IEC 27001 standards, as mandated under the IT Rules, 2011, to adhere to internationally recognized information security practices.

   11. In the event of a personal data breach, you shall notify the affected Patient (Data Principal) and us (if applicable) without delay. This notification shall include: (i) A description of the breach, including its nature, extent, timing, and location; (ii) The likely consequences of the breach for the Data Principal; (iii) Measures taken or proposed to mitigate the risk; (iv) You shall provide the Patients with the ability to revoke, delete, correct, or update their personal data, wherever applicable.

       
       

6. Opening an Account

   1. To gain the access, you must complete the registration process and create an account on the Platform ("User Account"). Registration is a one-time process and is free of any hidden charges.

   2. You can create a User Account by signing up with your personal information or through other methods as indicated by us from time to time. If you choose to register using a personal email address, you will be required to provide an email address and a password. During the sign-up process, you will also need to provide relevant personal details such as your name, email ID, date of birth, address, and phone number, among other information.

   3. While creating your User Account, you agree not to:

      1. create an account for anyone other than yourself without their prior consent; or

      2. create an account in the name of another person with the intent to impersonate them.

   4. You agree to provide true, accurate, current, and complete information about yourself during registration or login, and you are responsible for keeping this information up-to-date. This includes maintaining accurate contact details so we can reliably communicate with you. The information you provide must pertain to you personally; impersonating another individual or entity is strictly prohibited. You may not sell, share, or transfer your account credentials to any third party. If we determine that your information is untrue, inaccurate, outdated, or incomplete, or if we suspect such discrepancies, we reserve the right, at our sole discretion, to suspend or terminate your access to the Platform or any restricted materials. All personally identifiable information provided will be handled in accordance with our Privacy Policy.

      
      

7. Dawnbreak AI’s Services

   1. Our Platform leverages cutting-edge speech-to-text technology, supported by advanced Large Language Models (LLMs), to accurately capture and transcribe dictated notes in real-time. This innovative feature automatically organizes and integrates the transcribed data directly into a hospital’s Electronic Medical Records (EMR) system (“Services”). By streamlining the documentation process, the application reduces manual effort, minimizes errors, and enhances overall efficiency. We will make the Services available to you. You are responsible for making all arrangements necessary for you to have access to the Services. You acknowledge that use of the Services does not and will not absolve your responsibility to comply with applicable healthcare laws, including data privacy regulations or any other applicable law. 

      
      

8. Term and Billing

   1. Your usage of the Services (“Membership”) will continue until terminated. To have the continuous usage of Services, you must have a compatible device, and provide us with one or more valid Payment Methods. “Payment Method” refers to a current, accepted form of payment (e.g., credit/debit card, digital wallet, or third-party payment processor), which may be updated periodically. Unless you cancel your subscription before your billing date, you authorize us to automatically charge the subscription fee for the next billing cycle (“Payment”) to your designated Payment Method.  Kindly note that failure to maintain a valid Payment Method may result in service suspension or termination. You may update Payment Methods as provided on the Platform. We may automatically refresh Payment Method details using tokenization or data provided by payment gateways. By updating, you authorize us to continue billing the revised Payment Method(s).

      
      

   2. The subscription fee for the Services, along with applicable taxes, transaction fees, or regulatory levies, will be charged to your designated Payment Method on the payment date specified on your Platform. Your billing cycle duration depends on your selected subscription plan. Please note that Payment dates may shift due to:

      1. Unsuccessful Payment Method settlements.

      2. Changes to your subscription tier.

      3. Alignment with contractual or regulatory requirements.

   3. We reserves the right to modify subscription fees or plan structures without providing any prior intimation. 

   4. You may choose to close your account and terminate your membership at any time by contacting our support team or using the designated features available within the Platform. 

   5. We reserve the right to terminate your access to the Services at our sole discretion by providing notice to the contact details associated with your account or through a notification on the Platform when you access your account. 

   6. Upon cancellation, access to the already Paid Services will continue until the end of your current billing cycle. No refunds will be issued for partial billing periods, unused features, or prorated amounts, except where explicitly required by applicable law

   7. Upon termination, all provisions of these Terms that are intended to survive termination, including but not limited to confidentiality obligations, intellectual property rights, disclaimers, and limitations of liability, shall continue to remain in full force and effect.

   8. You irrevocably and expressly authorize us to withhold any monies and/or debit any monies from any account that you have identified to us for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to us.

      
      

9. Plans

   1. We may offer tiered subscription plans, including partnerships with third-party providers for integrated healthcare solutions. However, we are not liable for third-party products, services, or compliance with healthcare regulations. Subscription terms, limitations, and pricing may vary and will be disclosed during sign-up or through other communications.

      
      

10. Prohibited Use; Rules of Conduct

By using the Services, you agree to comply with the following rules. 

Violations may result in suspension, termination, or legal action.

1. You shall not:

   1. Use the Services for any unlawful, fraudulent, or unauthorized purpose, or in violation of any applicable laws, including but not limited to those related to privacy, intellectual property, and data protection.

   2. Engage in any activity that undermines the competitive nature of the Platform, including but not limited to manipulating services, creating misleading or fraudulent offers, or deliberately distorting the competitive solutions offered by the Platform to the detriment of other users.

   3. Introduce, transmit, or upload malware, viruses, worms, Trojan horses, or any malicious code that could harm the Platform or Services.

   4. Share or disseminate content that is unlawful, harmful, defamatory, obscene, offensive, sexually explicit, or otherwise objectionable.

   5. Engage in spamming, phishing, scraping, or any unauthorized data collection.

   6. Violate intellectual property rights, including copyrights, trademarks, patents, or trade secrets.

   7. Evade payment obligations or engage in fraudulent financial transactions.

   8. Attempt to gain unauthorized access to the Platform, Services, or related systems.

   9. Use automated methods to access, copy, or manipulate content without permission.

   10. Circumvent, disable, or interfere with security features or access restrictions.

   11. Engage in activity that disrupts or impairs the Services or interferes with other users.

   12. Directly or indirectly, develop, create, or facilitate the creation of a platform, service, or model that is identical, substantially similar to, or derived from the Platform. This includes, but is not limited to, engaging in any of the following activities:

       1. Reverse Engineering: Decompiling, disassembling, deciphering, or otherwise attempting to derive the source code, algorithms, architecture, or underlying structure of the Platform.

       2. Copying or Reproducing: Duplicating, mirroring, or replicating any features, functionalities, design elements, or user interfaces of the Platform.

       3. Modifying or Adapting: Altering, customizing, or enhancing any part of the Platform to create a derivative work that mimics or competes with the Platform.

       4. Data Scraping or Extraction: Harvesting, extracting, or scraping any data, content, or proprietary information from the Platform for the purpose of developing a competing service or product.

       5. Facilitating Third Parties: Assisting, enabling, or authorizing any third party to engage in any of the aforementioned activities.

          
          

2. You shall: 

   1. Comply with these Terms, policies, and any other agreements governing your use of the Services.

   2. Make timely and accurate payments as per the applicable billing terms.

   3. Ensure that all account information is accurate, complete, and updated.

   4. Recognize that using the Services does not create a partnership, agency, or employment relationship with us.

   5. Acknowledge that any modification to the list of Authorized Users or the access permissions granted may be implemented as necessary and in accordance with the terms of this Agreement.

      
      

3. Confidentiality and Privacy

   1. You may have access to confidential information, including but not limited to user details, personal/medical information, or proprietary business data, and you agree not to disclose or misuse such information without the prior written consent of the data owner.

   2. You accept full liability for any unauthorized disclosure or misuse of confidential information.

      
      

11. Users License

    1. We grant you a non-transferable, non-sublicensable, non-exclusive, and limited license to access and use the Services solely for personal, non-commercial purposes, unless explicitly permitted by the Platform in writing. You may not redistribute, resell, or commercially exploit the Services without prior authorization.

    2. Users are prohibited from using any automated or manual means including scripts, bots, spiders, crawlers, scrapers, or similar tools to access, copy, or extract content or data from the Platform. Additionally, the use of data mining, framing, masking, or other extraction techniques to retrieve materials from the Services is strictly forbidden unless explicitly authorized by us in writing.

    3. We reserve the right to impose reasonable restrictions on your access to the Services, including but not limited to the scope of accessible information, or the devices used for access. These restrictions are determined at our sole discretion and in compliance with applicable laws and regulations.

       
       

12. Customer Data

    1. By using the Platform, you acknowledge that you are recording, uploading, or processing medical data of patients (“Customer Data”) and are solely responsible for the accuracy, legality, and integrity of such content. You represent and warrant that the processing of Customer Data through the Platform complies with all applicable laws and regulations, including but not limited to India’s Digital Personal Data Protection Act-2023, Information Technology Act-2000 or any other relevant healthcare privacy laws or as may be notified in the future.

    2. You warrant and represent that you will not upload, transcribe, or contribute any content that:

       1. Is false, misleading, or promotes illegal activity;

       2. Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights;

       3. Divulges confidential or private information of another person or entity without proper authorization;

       4. Contains defamatory, obscene, abusive, harassing, or otherwise objectionable material;

       5. Violates the legal rights (including privacy and publicity rights) of others or could result in civil or criminal liability;

       6. Contains viruses, malware, spyware, or any other harmful content or code.

       7. You are solely responsible for ensuring that all Customer Data, including transcriptions, translations, or other outputs generated by the Services, adheres to these requirements. Any breach of this clause may result in immediate suspension or termination of your access to the Platform.

          
          

13. Monitoring and Enforcement

    1. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms. We have the right to: 

    2. Remove any Customer Data

       1. Take any action with respect to any Customer Data that we deem necessary or appropriate in our sole discretion, including if we believe that such Customer Data violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for us;

       2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;

       3. Terminate or suspend your access to all or part of the Services for any reason, including without limitation, any violation of these Terms.

       4. Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold us harmless and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

       5. However, we do not undertake to review any material before it is uploaded to or posted on the Platform, and cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any you towards the utilisation of the Services. 

       6. We reserve the right to audit the usage of the Platform to ensure compliance with these Terms. Non-compliance may result in immediate termination of access.  

          
          

14. Data Protection

    1. You assume full responsibility for securing login credentials and monitoring Authorized User activity to prevent unauthorized access. You must ensure the accuracy, completeness, and legality of Patient Data entered onto the Platform. You are also responsible for protecting Patient Data from breaches caused by negligence, including failure to revoke access for terminated employees or misuse of credentials. 

    2. We will implement industry-standard encryption, access controls, and compliance frameworks to safeguard data as uploaded on the Platform. However, we cannot guarantee absolute immunity from cyberattacks, system failures, or third-party breaches.

    3. You may access the protection policies as enumerated in our Privacy Policy, which outlines the measures we implement to safeguard your data and privacy.

       
       

15. Recording and Uploading Medical Data

    1. The Services include features that allow you to record, translate, or upload individual or medical data. Laws governing the notice, consent, and notification requirements for recording personal medical data vary by jurisdiction. In many regions, including India, recording another individual’s medical data without their prior written consent may constitute a legal offense.

    2. You are solely responsible for:

       1. Obtaining explicit consent from patients before recording or uploading their medical data. Ensuring that the consent must be specific and informed, with a clear notice outlining the purpose of data collection.

       2. Upon a patient’s revocation of consent, promptly notifying us and cease processing the Patient’s data. You shall ensure that such data is either deleted or anonymized, as applicable, and inform the patient of any consequences resulting from the withdrawal of consent.

       3. Ensuring that all personal and medical data related to the patient is removed from the Platform upon revocation or request, including any backups, in compliance with applicable laws.

       4. Complying with all applicable Indian, foreign, federal, and local laws, including informing patients that their data is being recorded.

       5. Ensuring that the use of such features aligns with ethical and legal standards.

       6. We do not condone the use of our Services for illegal or unauthorized purposes. Any misuse of the Platform in violation of these obligations may result in immediate suspension or termination of your access.

       7. Your use of the Services is at your own discretion and risk. You agree that you are solely responsible for all Customer Data, including its accuracy, legality, usage, reliance, and integrity, as well as the consequences of recording, accuracy, usage, reliance, submitting, or publishing such data on or through the Platform.

    3. You warrant that you shall be solely responsible for any errors, omissions, or discrepancies in the data submitted by your Authorized Users to the Platform. In the event that such errors, omissions, or discrepancies are identified whether by you, us, the Patient, your Authorized Users, or any authorized third party you shall, either independently or through your Authorized Users, take immediate corrective action to rectify them.

    4. You further warrant that you shall not hold us liable for any consequences, damages, or legal repercussions arising from the provision of inaccurate, incomplete, or erroneous data by you or your Authorized Users.

       
       

16. Intellectual Property 

    1. The Services, including the Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, images, voice data, video, and audio, and the design, selection, including algorithms,  logos, branding, codes, AI models, trademarks, patents, documentation, and updates and arrangement thereof), are owned by us, and our affiliates, licensors, or other providers of such material and are protected by relevant copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We and our affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services. You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform or the Services unless explicitly authorized in these Terms or by the owner(s) of the materials. We grant you a non-sublicensable, non-transferable, non-exclusive, limited license to use the Services in accordance with this Agreement and its intended purposes only. Except for allowing you to use the Services as set forth herein, you are not receiving any other license or any other rights, including intellectual property or other proprietary rights associated with us. You understand that you have no rights to the Platform or Services or towards any other of our property except as indicated in these Terms. All of our rights not expressly granted by this license are hereby retained.

       
       

17. Patient material

    1. The Patient retains all ownership rights in the Patient Data. However, by transmitting, uploading, or posting Patient Data through the Services, you grant us a worldwide, non-exclusive, royalty-free license to access, process, copy, export, and display such data solely to the extent necessary for the following purposes: (a) providing, maintaining, and updating the Services; (b) preventing or addressing service, security, support, or technical issues; (c) complying with legal obligations; and (d) any other use expressly authorized in writing by the Patient.

    2. You represent and warrant that you have secured all necessary rights in and to the Patient Data to grant this license and that the use of such data under this Agreement does not violate any third-party rights.

       
       

18. Warranty Disclaimer

    1. Your use of the services, the platform, and any content or products therein is at your own risk. The service, the platform, and any content or products therein are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither us nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services or the platform. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the services, the platform, and any content or products therein will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the services, the platform, and any content or products therein will otherwise meet your needs or expectations. To the fullest extent provided by law, we hereby disclaims any and all representations, warranties or guarantees of any kind, express, implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, noninfringement and fitness for a particular purpose.

    2. We may alter, suspend, add to, or discontinue the services in whole or in part at any time for any reason, without notice or cost. We assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Services.  We does not assume any liability for the failure to store or maintain any customer data, user communications, account information, or personal settings. The service may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons.

    3. You are solely responsible for any and all acts or omissions taken or made in reliance on the services or the information contained therein, including inaccurate or incomplete information.  You agree that we have made no agreements, representations or warranties other than those expressly set forth in these terms.

       
       

19. Limitation on Liability

    1. To the fullest extent permitted by law, neither we nor our affiliates, licensors, service providers, employees, agents, officers, or directors shall be liable for any damages of any kind, under any legal theory, arising from or related to your use of, or inability to use, the services, platform, or any content or products therein. This includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, or any other intangible losses, whether arising from tort (including negligence), breach of contract, or otherwise, even if such damages were foreseeable.

    2. We shall not be liable for: Errors in transcription, data entry, or patient data structuring caused by speech recognition inaccuracies, user input errors, or technical glitches; Misuse of the Platform by You or your Authorized Users, including unauthorized data sharing or failure to review transcribed notes; Loss of revenue, data, reputational harm, patient harm, or any other damages arising from the use of or failures on the Platform; Any missteps, negligence, or consequences resulting from the information provided or processed through the Platform; By using the Services, you acknowledge and agree that we are not responsible for such outcomes, and you assume full responsibility for the use and interpretation of data generated or processed through the Platform.

    3. We shall not be liable for any failures, delays, or interruptions in the Services caused by events beyond our reasonable control. This includes, but is not limited to, pandemics, natural disasters, cyberattacks, government actions, or any other force majeure events. Additionally, we are not liable for disruptions arising from upgrades, modifications, maintenance, or other similar instances necessary for the improvement or operation of the Platform.

       
       

20. Indemnification

    1. You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your violation of these Terms, (ii) your use of the Services, including your Customer Data, (iii) any use of the Platform’s content, services, or products beyond the scope expressly authorized in these Terms, or (iv) your reliance on or use of any information obtained from the Platform.

    2. You shall take all necessary actions to remedy any breach and mitigate any losses arising therefrom. You shall be solely responsible for ensuring compliance with all applicable laws, regulations, and requirements as set forth herein, as well as any other relevant legal provisions. Any failure to comply with such regulations shall be your sole responsibility, and you shall indemnify and hold us harmless from and against any liabilities, penalties, claims, damages, costs, or legal actions arising from such non-compliance.

       
       

21. Privacy

    1. We respect your privacy. Please see our Privacy Policy. By visiting this Site and accessing and using the Services, you consent to our collection and use of your personal information as set forth in the Privacy Policy.

       
       

22. Miscellaneous

    1. Survival: All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.

    2. No Waiver: No waiver of by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

    3. Force Majeure: In the event that we are unable to perform any of our obligations under this Agreement due to circumstances beyond our reasonable control, including but not limited to technological failures, system outages, disruptions to data services, cyber-attacks, hacking, data breaches, software malfunctions, hardware failures, suspension of the Platform due to changes in governmental regulations, acts of God, war, terrorism, civil unrest, strikes, labor disputes, governmental regulations, or any other event or cause beyond our reasonable control ("Force Majeure Event"), we shall not be held liable for any delay or failure in performing our obligations under the Terms.

    4. Governing Law and Jurisdiction: Any dispute, controversy, or claim arising out of or relating to the Services, these Terms, or the breach, termination, or validity thereof, including non-contractual disputes, shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time, and shall take place in Mumbai, India. The arbitration proceedings shall be conducted in the English language, and the award rendered by the arbitrator(s) shall be final and binding on both the Parties. Each party shall bear its own costs of arbitration, unless the arbitrator(s) determine otherwise.

    5. Entire Agreement: These Terms, together with our Privacy Notice, shall constitute the entire agreement between you and us concerning the Services.

    6. Disclaimer: The Services on the Platform is automated and records information as per your input. It shall not be construed as an accurate or definitive representation of events but rather as a narrative based on your provided details. You acknowledge that certain inaccuracies may occur during transcription, and you shall be solely responsible for verifying and confirming the accuracy of the content before approval. We disclaim any liability for errors, omissions, or discrepancies that may arise in the transcription process, and you accept full responsibility for reviewing and ensuring the correctness of the recorded information.

    7. Licensed Obligations: You shall remain fully responsible for ensuring that any Authorized Users comply with the obligations imposed upon you under this Agreement. Such obligations must be considered and upheld by you in a manner that is no less stringent than those directly imposed on you. You agree to monitor and ensure that Authorized Users adhere to the terms and conditions of this Agreement, and you shall bear full responsibility for any non-compliance by such users. 

       
       

23. We always appreciate your feedback or other suggestions about the Services. If you send us any feedback or suggestions regarding the Services, we may or may not use it. You grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to any patient.

    
    

24. Redressal Mechanism

If you have any concerns, complaints, or disputes regarding the use of the Platform, please contact us at support@dawnbreak.ai. We are committed to addressing your concerns and providing a fair and timely resolution in accordance with our internal redressal procedures.

All rights not expressly granted herein are reserved.