Terms and Conditions

1. About This Agreement

These Terms and Conditions govern the relationship between 108doctors ("we," "us") and the clinic, hospital, or healthcare practice ("you," "Clinic") that subscribes to and uses our services. By signing up, you agree to these terms.

108doctors provides a software platform for clinic administration like appointments, patient records, billing, pharmacy management, lab integration, and patient communication through WhatsApp. We are a technology partner that helps your clinic operate more efficiently. We do not provide medical advice, make clinical decisions, or practice medicine.

108doctors is a product of Origin26 Biotech Private Limited, a company incorporated under the laws of India. CIN: U21004KA2023PTC177617. Registered office: Proworks, C/O 235, Binnamangala, 2nd Floor, 13th Cross Road, 2nd Stage, Indiranagar, Bangalore, Karnataka, 560038.

2. What You Get

By subscribing to 108doctors, your clinic gets access to the following modules (availability may depend on your subscription plan):

Appointment management - scheduling, rescheduling, cancellations, and reminders sent to patients via WhatsApp.
Patient records - digital storage of patient profiles, medical history, treatment notes, diagnoses, and prescriptions.
Billing - invoice generation, payment tracking, and financial record-keeping.
Pharmacy - prescription management, medication dispensing records, and inventory tracking, including Schedule H/H1 drug record-keeping as required by law.
Lab integration - sending lab orders and receiving results through the platform, delivered to doctors through the 108doctors portal and patients directly through WhatsApp.
WhatsApp communication - appointment reminders, lab results, prescription updates, and other clinic-related messages sent to patients through our WhatsApp Business number.

We continuously improve 108doctors and may add, modify, or update features as part of our normal development process. If a change affects how patient data is collected, stored, or processed, we will inform clinics in advance.

3. Your Account and Access

You are responsible for managing who in your clinic has access to 108doctors. Each staff member should have their own individual login. Do not share login credentials between staff members - this is both a security risk and a compliance issue under Indian data protection law.

You are responsible for all activity that occurs under your clinic's account. If you suspect unauthorized access, notify us immediately at info@108doctors.com and we will help you secure your account.

4. Your Clinic's Responsibilities

Compliance with healthcare laws - your clinic is independently responsible for compliance with all applicable healthcare laws and regulations, including the Clinical Establishments (Registration and Regulation) Act 2010, the Telemedicine Practice Guidelines 2020, the Drugs and Cosmetics Act 1940, the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, and any state-specific rules. 108doctors provides tools that help you comply - record-keeping, prescription logs, drug tracking, retention-period support - but does not verify or guarantee your compliance. Clinical and regulatory responsibility remains yours.

Accuracy of data - the information your staff enters into 108doctors should be accurate and up to date. We store what you give us; we do not independently verify clinical data.

Patient communication content - while 108doctors provides the WhatsApp communication infrastructure, the substance of what is communicated to patients (clinical information, lab results, prescriptions) originates from your clinic. Your clinic is responsible for ensuring that content complies with the Telemedicine Practice Guidelines - for example, that WhatsApp is not used as the sole channel for issuing prescriptions where in-person or proper teleconsultation is legally required.

Pharmacy compliance - if your clinic uses the pharmacy module, your clinic remains responsible for proper prescription verification before dispensing, compliance with Schedule H/H1 requirements, and any obligations under the NDPS Act 1985 for controlled substances.

5. What We Provide and Our Commitments

Platform availability - we aim for [99.5%/99.9%] uptime, excluding scheduled maintenance. Scheduled maintenance will be communicated in advance and performed during off-peak hours where possible.

Support - Phone: 9606904177, email: info@108doctors.com

Updates and improvements - we continuously improve 108doctors. Updates that do not affect your workflows will be applied automatically. Updates that change how a feature works will be communicated in advance.

6. Intellectual Property

108doctors - its software, design, code, features, and documentation - belongs to us. Your subscription gives you a license to use it, not ownership of it.

Your data - all patient data, clinic records, and content entered by your clinic into 108doctors belongs to you and your patients. We do not claim ownership over your data. You can export it at any time in a standard, usable format, and we will assist with data export upon request or upon termination of this agreement.

7. Restrictions

You agree not to:

Reverse-engineer, copy, or attempt to extract the source code of 108doctors.
Use 108doctors for any purpose other than clinic administration as described in this agreement.
Allow anyone outside your clinic's authorized staff to access the platform using your credentials.
Use the platform to store or process data unrelated to patient care and clinic operations.

8. Liability

Our liability under this agreement is limited to the total fees your clinic has paid to 108doctors in the 12 months preceding the event giving rise to the claim.

This cap does not apply in cases of gross negligence, willful misconduct, or breach of confidentiality or data protection obligations under Part B of this agreement - in those cases, liability is uncapped.

We are not liable for losses caused by inaccurate data entered by your clinic's staff, unauthorized access resulting from shared or compromised credentials on your end, or your clinic's failure to comply with applicable healthcare laws independently of the platform.

9. Termination

Either party may terminate this agreement with [30/60/90] days' written notice.

Upon termination, we will work with you to export all your patient data in a standard, usable format. We will not hold your data hostage - it belongs to you and your patients. After export is complete, or after a reasonable export window if you choose not to export, we will securely delete your data from our systems, except where legal retention requirements apply (see Part B, Section 8).

If we terminate due to non-payment, data export remains available for [30/60] days after termination.

10. Governing Law and Disputes

This agreement is governed by the laws of India. Any disputes will be resolved through arbitration in Karnataka, conducted under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually agreed upon by both parties. If we cannot agree on an arbitrator within 30 days, the appointment will be made in accordance with the Act.

11. Changes to These Terms

We may update these Terms from time to time. Meaningful changes - to pricing, features, liability, or data handling - will be communicated to you at least 7 days before they take effect. Continued use of 108doctors after the notice period constitutes acceptance.

12. Medical Disclaimer

108doctors is a clinic administration platform, not a healthcare provider. We do not diagnose, treat, or prescribe. We do not provide medical advice, second opinions, or clinical recommendations. All medical decisions are made by your clinic's licensed healthcare professionals. The platform displays information entered by your clinic's staff - we do not verify, validate, or endorse the clinical accuracy of that information. 108doctors is not liable for any clinical outcome resulting from the use of the platform.

Data Processing Agreement

1. Purpose of This Section

This section sets out how 108doctors handles patient data on your clinic's behalf, in compliance with India's Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025. It exists because the law requires a clear, written agreement between any organization that holds patient data (your clinic) and any technology partner that processes that data (us). Having this in place protects your clinic, your patients, and us.

2. Your Role and Ours

Under the DPDP Act, your clinic is the Data Fiduciary - you decide why patient data is collected (to provide care) and you are the primary point of accountability under the law.

108doctors is your Data Processor for the clinical, billing, pharmacy, and lab data your clinic enters into the platform. We process it only on your instructions and only for the purposes described in this agreement.

For WhatsApp communication, 108doctors acts as a co-Data Fiduciary, because we directly communicate with patients using our own WhatsApp Business number. We determine the means of communication - the channel, the infrastructure, the number - even though the clinical content originates from your clinic. This means we share certain data protection obligations with your clinic for the communication layer, and we accept that responsibility.

Why this matters to you: under the DPDP Act, a Data Processor's liability is limited to its contractual obligations. The primary regulatory responsibility and penalty exposure sits with the Data Fiduciary. This agreement clearly defines what 108doctors commits to doing, so there is no ambiguity, and so your clinic has enforceable protections.

3. What Patient Data We Process

Patient identity - name, phone number, address, age, gender.
Medical records - diagnoses, treatment notes, prescriptions, lab orders, lab results, clinical notes.
Financial records - billing, invoices, payment records, insurance information.
Pharmacy records - prescriptions filled, medications dispensed, Schedule H/H1 drug logs.
Lab records - lab orders placed and results received.
WhatsApp messages - appointment reminders, lab results, prescription updates, billing notifications, and other clinic communications sent directly to patients.

4. What We Do With Patient Data

We process patient data only for the purposes of providing the 108doctors services your clinic uses and nothing beyond that without a separate written agreement.

We keep your patients' data isolated - your clinic's data is accessible only to your authorized staff. Other clinics on 108doctors cannot access your patients' records.

We encrypt data at rest and in transit, implement role-based access controls, use masking and tokenization where appropriate, maintain audit logs for a minimum of 1 year, and maintain business continuity and disaster recovery measures - all as required by the DPDP Rules, 2025.

We ensure that these same security safeguards are reflected in our contracts with any sub-processors (cloud hosting providers, WhatsApp Business Platform provider) who handle patient data on our behalf.

5. What We Do Not Do

We do not sell, rent, license, or share your patients' identifiable data with any third party for their purposes.

We do not use your patients' clinical data - diagnoses, prescriptions, treatment records, or lab results - for marketing purposes.

We do not make decisions about patient care. All clinical judgment is your clinic's responsibility.

We do not access patient data except where necessary to provide the platform services, resolve a technical issue, or respond to a security incident - and every such access is logged.

6. Aggregated, Anonymous Data

We create fully anonymized, aggregated statistics across all clinics on 108doctors - for example, regional medication trends or appointment volume patterns. This helps us improve the product and contributes to broader healthcare understanding.

Before data is used this way: all identifying information is completely removed; data is only reported in groups large enough that no individual patient could reasonably be identified; small or unusual cases are excluded or merged into broader categories; the anonymized data is stored and accessed separately from your clinic's patient records.

By entering into this agreement, your clinic authorizes 108doctors to include your patients' de-identified data in this kind of aggregate analysis for internal use and product improvement only. If we ever plan to share aggregate data externally - for example, with a research partner or health industry organization - that would require a separate agreement with your clinic. It is not covered by this document.

8. Data Retention

We retain patient data in accordance with the following schedule:

Medical records (indoor/inpatient) - minimum 3 years from the date treatment began, per MCI/NMC Regulations.
Medical records (outpatient) - minimum 2 years.
Pharmacy and drug dispensing records - as required under the Drugs and Cosmetics Act, 1940.
Billing and financial records - as required by applicable tax and financial regulations.
WhatsApp communication logs - retained for [defined period], then deleted.
Security and audit logs - minimum 1 year, per DPDP Rules.

Your clinic may instruct us to retain records longer than these minimums based on the nature of treatment or medico-legal considerations.

Upon termination of this agreement, we follow the process described in Part A, Section 10 - export and secure deletion, subject to legal retention requirements.

9. Data Breach

If a data breach occurs affecting your patients' data, 108doctors will notify your clinic without undue delay, provide details of what happened and what data was affected, cooperate in investigating the cause, support you in meeting your notification obligations to the Data Protection Board and to affected patients, and take all reasonable steps to contain and fix the problem.

Under the DPDP Act, all breaches must be reported regardless of severity - there is no minimum threshold.

If a breach occurs due to a vulnerability or failure on our side, we bear responsibility for remediation and corrective action. If a breach occurs due to actions on your clinic's side - shared passwords, unauthorized staff access, unsecured devices - responsibility rests with your clinic. In either case, we work together to protect patients and meet our respective legal obligations.

10. Patient Rights Requests

If a patient exercises their rights under the DPDP Act - access, correction, deletion, withdrawal of consent, or nomination - we will cooperate with your clinic in responding within the legally required 7-day timeframe.

For requests that come directly to 108doctors (since patients communicate with us directly through WhatsApp), we will handle them in coordination with your clinic and keep you informed throughout.

11. Cross-Border Data

Our core systems are hosted in India. Certain technology partners (cloud infrastructure, WhatsApp/Meta) may process data outside India. The DPDP Act permits transfers to any country not on the government's restricted list. As of the date of this agreement, no countries have been restricted. If that changes, we will adjust accordingly and notify your clinic.

12. Sub-Processors

108doctors uses the following categories of sub-processors to deliver the platform:

Cloud hosting provider - for data storage and computing infrastructure.
WhatsApp Business Platform provider (Meta) - for patient communication.

Each sub-processor is bound by a contract requiring security safeguards at least as protective as those described in this agreement. We will notify your clinic if we add a new category of sub-processor that handles patient data.