1. Definitions

For the purposes of these Terms:

– “Platform” means the Health Imagined application, including web, mobile, and associated services.
– “User” means any individual accessing the Platform, including patients and healthcare practitioners.
– “Healthcare Practitioner” means a licensed medical professional authorized to provide healthcare services in their jurisdiction.
– “Services” include OPD workflows, Ask-Your-Doctor (AYD), Smart Diagnosis, Knowledgebase, analytics, and integrations.

2. Eligibility

  • Users must be at least 18 years of age or use the Platform under supervision of a parent/guardian.
  • Healthcare Practitioners must:
    • Hold valid and current licenses
    • Provide accurate credentials
    • Maintain compliance with applicable laws

3. Scope of the Platform

Applicable Contracting Entity

Depending on the User’s location, service utilized, regulatory requirements, payment processing requirements, or operational model, services may be provided, administered, supported, marketed, contracted, or operationally managed by Xiom Healthcare LLC, Xiom Health Private Limited, or their authorized affiliates. The applicable entity may vary by geography, service type, and applicable law.

Health Imagined is a digital healthcare ecosystem providing:
– Clinical workflow tools
– Patient engagement features
– Decision-support insights
– Third-party integrations (labs, pharmacy, payments)

👉 The Platform is technology infrastructure only, not a healthcare provider.

4. Nature of Service (Decision Support Only)

– The Platform is a clinical decision-support tool.
– It does not replace professional medical judgment.
– All diagnoses, prescriptions, and treatment decisions are the sole responsibility of the Healthcare Practitioner.

5. No Medical or Doctor-Patient Relationship

Emergency Services Disclaimer

The Platform is not intended for emergency medical situations. Users experiencing a medical emergency should immediately contact emergency services, visit the nearest emergency facility, or seek immediate professional medical assistance. The Platform does not provide emergency monitoring, emergency response services, or emergency medical intervention.

– Xiom Healthcare does not provide medical services.
– Use of the Platform does not create a doctor-patient relationship with Xiom.
– Any relationship exists solely between:
– Patient ↔ Healthcare Practitioner

6. Healthcare Practitioner Obligations

Healthcare Practitioners agree to:

– Maintain valid licensure at all times
– Ensure accuracy of all clinical data entered
– Comply with medical, telemedicine, and data laws
– Provide patient records/prescriptions as required by the Platform

Xiom Healthcare may verify credentials but does not guarantee their authenticity.

7. Patient Consent & Data Sharing

  • Patients consent to sharing medical data for:
    • Treatment facilitation
    • Platform functionality
    • Analytics and improvements
  • Patients may opt out where available, subject to limitations in functionality.

8. AI / Smart Diagnosis Disclaimer

  • AI-powered features (including Smart Diagnosis):
    • Are informational only
    • May be incomplete or inaccurate
    • Must not be relied upon independently

👉 Final clinical decisions must always be made by a qualified practitioner.

9. Third-Party Services & Integrations

Ask Your Doctor (AYD) Disclaimer

Ask Your Doctor (AYD) consultations are provided solely by independent Healthcare Practitioners. Xiom Healthcare does not supervise, control, endorse, review, validate, or guarantee any consultation, diagnosis, recommendation, prescription, treatment plan, communication, response time, or outcome arising from AYD interactions.

Pharmacy & Laboratory Services

Xiom Healthcare does not manufacture, dispense, distribute, prescribe, test, interpret laboratory results, fulfill pharmacy orders, or provide healthcare services. All laboratory, pharmacy, and diagnostic services are provided solely by independent third-party providers operating under their own licenses and responsibilities.

No Guarantee of Practitioner Availability

Xiom Healthcare does not guarantee the availability, participation, acceptance, response time, continuity, qualifications, or continued presence of any Healthcare Practitioner on the Platform.

The Platform may integrate with third parties (labs, pharmacies, payment providers).

  • Xiom Healthcare:
    • Does not control or guarantee these services
    • Is not liable for:
      • Test accuracy
      • Fulfillment issues
      • Payment disputes

Users engage with third parties at their own risk.

Payments are processed through third-party payment providers. Xiom Healthcare does not control processing timelines, bank settlements, or delays arising from such services.

10. Data Privacy, Security & Compliance

Government & Health Information Exchange Integrations

Government, ABHA, ABDM, health information exchange, insurance, payer, and other third-party integrations may be subject to regulatory approvals, technical limitations, third-party dependencies, and service availability. Xiom Healthcare does not guarantee uninterrupted access or continued availability of such integrations.

  • Data is processed in accordance with applicable laws including:
    • Health Insurance Portability and Accountability Act (where applicable)
    • India IT Act and DPDP Act
  • Xiom implements:
    • Security safeguards
    • Audit logs
    • Incident reporting protocols

11. Data Ownership & Usage Rights

User Responsibility for Records

Users are solely responsible for reviewing, verifying, maintaining, and retaining copies of medical records, prescriptions, reports, laboratory results, and healthcare information. Xiom Healthcare does not guarantee perpetual storage, backup, retrieval, or availability of records.

  • Users retain ownership of their data.
  • Xiom Healthcare is granted a limited license to:
    • Process data
    • Improve services
    • Ensure platform functionality

12. Electronic Records

  • All records generated or stored on the Platform:
    • Constitute valid electronic records
    • May be used as evidence in legal or regulatory proceedings

13. Account Security

  • Users are responsible for:
    • Maintaining confidentiality of credentials
    • All activity under their account

14. License to Use

Xiom grants a:
– Non-exclusive
– Non-transferable
– Revocable license

to use the Platform strictly in accordance with these Terms.

15. Prohibited Use

Users shall not:
– Violate any applicable laws
– Attempt unauthorized access
– Reverse engineer the Platform
– Use the Platform to build competing services

16. Payments & Pricing Rights

  • Xiom Healthcare reserves the right to:
    • Introduce fees at any time
    • Modify pricing models
    • Charge for features, integrations, or usage
  • All payments are:

Certain services on the Platform, including but not limited to digital consultations such as Ask-Your-Doctor (AYD), may be subject to platform fees or revenue sharing arrangements.

– Non-refundable (unless explicitly stated)
– Subject to enforcement of anti-chargeback provisions

Refunds, where applicable, are processed in accordance with platform policies and are subject to review and approval by Xiom Healthcare.

17. Service Availability

No Guarantee of Outcomes

Xiom Healthcare does not guarantee any clinical, operational, financial, educational, business, or healthcare outcome resulting from use of the Platform or any of its features.

  • The Platform is provided “as available”.
  • Xiom does not guarantee uninterrupted access.
  • Downtime may occur due to:
    • Maintenance
    • Technical issues
    • External dependencies

18. Limitation of Liability

To the maximum extent permitted by law:

  • Xiom Healthcare is not liable for:
    • Medical outcomes
    • Data loss
    • Indirect or consequential damages

19. Indemnification

Users agree to indemnify Xiom Healthcare against:

  • Claims arising from:
    • Misuse of the Platform
    • Medical decisions
    • Legal violations

20. Suspension & Termination

Fraud Prevention & Enforcement

Xiom Healthcare reserves the right to investigate, suspend, restrict, terminate, or take corrective action against any account involved in suspected fraud, abuse, chargebacks, artificial transactions, misuse of Platform features, false information, duplicate accounts, unauthorized access, regulatory concerns, or violations of these Terms.

Xiom Healthcare may:

  • Suspend or terminate access:
    • Without notice
    • At its sole discretion

21. Dispute Resolution & Arbitration

Step 1: Mutual Resolution

  • 30-day good faith discussion

Step 2: Binding Arbitration

  • Asia (including India):
    • Arbitration under Indian law
    • Seat: Delhi NCR
  • Rest of World:
    • Arbitration under AAA rules
    • Seat: New Jersey, USA
  • Language: English

Step 3: Enforcement Only

  • Courts only for enforcement of arbitration awards

22. Class Action Waiver

  • Disputes must be brought individually.
  • No class actions or representative proceedings.

23. Force Majeure

Xiom is not liable for events beyond control, including:

  • Natural disasters
  • Government actions
  • Internet or infrastructure failures

24. Modification of Terms

  • Xiom may update these Terms at any time.
  • Continued use constitutes acceptance.

25. Miscellaneous

  • Entire Agreement
  • Severability
  • Survival of obligations
  • English language prevails

26. Contact Information

Xiom Healthcare LLC
55 Springfield Rd
North Brunswick, New Jersey 08902
Email: support@xiomhealthcare.com