Terms and Conditions

Welcome to SwingBell.com!

These terms and conditions outline the rules and regulations for the use of SwingBell Labs LLP's Website, located at https://swingbell.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use SwingBell.com if you do not agree to take all of the terms and conditions stated on this page.

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License:

Unless otherwise stated, SwingBell Labs LLP and/or its licensors own the intellectual property rights for all material on SwingBell.com. All intellectual property rights are reserved. You may access this from SwingBell.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from SwingBell.com

• Sell, rent, or sub-license material from SwingBell.com

• Reproduce, duplicate or copy material from SwingBell.com

• Redistribute content from SwingBell.com

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. SwingBell Labs LLP does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of SwingBell Labs LLP, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, SwingBell Labs LLP shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SwingBell Labs LLP reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SwingBell Labs LLP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SwingBell Labs LLP; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SwingBell Labs LLP. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of SwingBell Labs LLP's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Terms and Conditions for Asimith.com by SwingBell Labs LLP

Last Updated:02/Sep/2024

Effective Date:02/Sep/2024

Welcome to ASIMITH (“Platform”), operated by Swingbell Labs (“we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your access to and use of our electronic health record (EHR) platform integrated with Ayushman Bharat Digital Mission (ABDM) ). By accessing or using our Platform, you (“User,” “you,” “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

1. Definitions

1. Platform: ASIMITH, the electronic health record system provided by Swingbell Labs integrated with Ayushman Bharat Digital Mission (ABDM) and supporting interoperability as per ABDM standards.

2. User: Hospitals, doctors, or authorized representatives who access and use the Platform.

3. Claims: Insuran ce claims submitted through the Platform to payers via NHCX.

4. Third-Party Services: Services provided by external entities, including but not limited to Amazon Web Services (AWS) and any AI tools integrated into the Platform.

5. Data Principal: The individual to whom the healthcare data pertains (i.e., the patient).

6. ABDM: Ayushman Bharat Digital Mission, including its affiliates.
   

2. Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all Users of the Platform.

3. Description of Services

We provide an Electronic Health Record (EHR) platform that enables hospitals and healthcare providers to securely upload, manage, and maintain patient healthcare data. The platform also facilitates the submission of insurance claims to payors, including insurance companies and third-party administrators (TPAs), via the National Health Claims Exchange (NHCX). It also supports interoperability in compliance with the Ayushman Bharat Digital Mission (ABDM) standards and integrates third-party AI tools designed to summarize patient health histories efficiently.

4. User Obligations

Users agree to:

i. Confirm that they are licensed medical doctors authorized to practice medicine and provide patient treatment.

ii. Undergo Aadhaar-based Know Your Customer (KYC) verification as part of the platform's onboarding process to authenticate their identity and medical credentials.

iii. Use the Platform solely for lawful purposes and in accordance with these Terms.

4. Ensure that all information provided is accurate and up-to-date.

5. Obtain necessary consents from Data Principals for the collection, processing, and sharing of their healthcare data.

6. To use the EHR platform responsibly and ensure the confidentiality and security of patient information.

7. Comply with all applicable laws, regulations, and guidelines, including those set forth by ABDM and the National Health Authority.
   

5. KYC and Verification

5.1 To ensure compliance with legal and regulatory requirements, our Platform utilizes Aadhaar-based Know Your Customer (KYC) verification to confirm the identity of medical doctors. Users are required to undergo this verification process as part of their registration. The verification involves providing Aadhaar details to establish identity, and users must comply with this requirement to access the Platform.

5.2 Our Platform also integrates with third-party tools for – (a) Performing Aadhaar-based KYC verification; (b) Verifying contact information, including mobile numbers and email addresses, and tracking location data for verification purposes.

5.3 By using the Platform, you agree to the use of these third-party tools for the specified purposes. You are responsible for ensuring that the information provided is accurate and up-to-date. Failure to complete the KYC process or provide accurate information may result in restricted access to the Platform.

6. Fees and Payments

6.1 Subscription Model: We offer a subscription-based model available on a monthly or annual basis. The subscription fees for the Services could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Swingbell Labs is not responsible for any loss or damage caused to User/ Third-Party Service Providers during this process as these third parties are beyond the control of Swingbell Labs.

6.2 Changes to Fees and Payment Model: We reserve the right to modify the subscription fees or change the payment model at any time. Any such changes will be communicated to users at least 15 days in advance through email or notification on the platform. Users will have the option to accept the new fees or discontinue their subscription in accordance with the refund policy stated herein.

6.3 Refunds: Refunds will be processed only under the following conditions:

i. Cancellation within 7 Days: If a cancellation request is made within 7 days of the initial trial period, the full amount paid will be refunded.

ii. Service Disruption or Non-Delivery: If the platform is unable to provide the subscribed services due to technical issues, service interruptions, or other reasons beyond the user's control, a pro-rata refund may be issued for the period of non-availability, at the discretion of the platform.

iii. Payment Errors: Refunds due to payment errors, double payments, or overcharges will be processed after verification, provided the refund request is made within [30] days of the transaction date.

6.4 Data Export and Discontinuation: Users may export their data if they choose to discontinue using our platform. Refunds, if any, will be subject to the terms outlined in this clause and our separate refund policy.

6.5 Third-Party Payment Gateway: All payments are processed through a third-party payment gateway. By using the platform, users agree to abide by the terms and conditions of the payment gateway provider. We are not responsible for any errors, delays, or issues arising from the payment gateway’s services.

6.6 Refund Procedure: To request a refund, users must contact customer support via request Refund button on the platform within the applicable period. The refund request should include the transaction details and the reason for the request. All refund requests will be reviewed and, if eligible, processed within 15 days.

6.7 Changes to Refund Policy: We reserve the right to modify the refund policy at any time. Any changes will be communicated to users through email or platform notifications and will be effective immediately upon such notification. Users are encouraged to review the refund policy periodically to stay informed of any updates.

7. Third-Party Services

Our Platform utilizes third-party services, including but not limited to AWS for data storage and various AI tools for data processing. By using our Platform, you acknowledge and agree that:

1. While we are not responsible for the performance, reliability, or security of third-party services, we will make reasonable efforts to ensure that your user experience is not adversely impacted by any issues arising from these services.

2. Any issues, downtime, or data loss arising from third-party services are not our liability.

3. Third-party service providers may have their own terms and policies, which you agree to abide by when using such services.

8. Partnerships and Collaborations

We may collaborate with other organizations, service providers, agencies, or associations (“Partners”) to onboard doctors and hospitals onto our Platform. In such cases:8.1 Partners may co-brand and front-end the Platform services, i.e. they will present and deliver the services directly to end-users under their own branding, with a byline indicating “Powered by SwingBell Labs or ASIMITH".

8.2 We remain responsible for providing the underlying software and infrastructure.

8.3 Users acknowledge that their relationship with Partners is separate from their relationship with us, and such collaborations are subject to these Terms.

9. Healthcare Data Ownership, Collection, and Responsibility

9.1 Ownership of Healthcare Data: All healthcare data, including but not limited to medical records, treatment histories, and diagnostic information ("Healthcare Data"), is owned solely by the patient to whom it pertains. Our platform facilitates the storage and management of Healthcare Data for authorized users, including medical doctors ("Doctors"), in accordance with applicable laws and regulations.

9.2 Data Collection Responsibility: Doctors are solely responsible for the collection, entry, and management of Healthcare Data on our platform. This includes, but is not limited to, ensuring that the data collected from the patient is accurate, complete, and obtained with the patient's informed consent. By using our platform, Doctors agree that they have obtained all necessary consents and authorizations from the patient to collect and upload their Healthcare Data.

9.3 Accuracy and Completeness of Data: The platform acts solely as a repository for Healthcare Data and does not verify the accuracy, completeness, or authenticity of the data entered by Doctors. The responsibility for ensuring the accuracy and integrity of Healthcare Data rests entirely with the Doctor who collects and inputs such data. We shall not be held liable for any inaccuracies, errors, or omissions in the Healthcare Data as provided by the Doctor, nor for any consequences arising from such inaccuracies.

9.4 Interoperability and Data Sharing: Our platform supports interoperability through the Ayushman Bharat Digital Mission/National Health Authority gateways/APIs, which facilitate secure sharing and access to Healthcare Data with authorized entities as permitted by the patient. All data sharing is done in compliance with applicable data protection laws and regulations, and is subject to the patient’s consent. We do not assume responsibility for the use or interpretation of Healthcare Data by any third parties.

9.5 Limitation of Liability: We shall not be liable for any claims, damages, or liabilities arising from any inaccuracies, errors, or omissions in Healthcare Data collected by Doctors. Any disputes or claims related to the accuracy or completeness of Healthcare Data shall be resolved between the patient and the Doctor responsible for its collection and entry.

10. Data Security and Limitations of Liability

i. Security Measures:We take the security of your data seriously and employ industry-standard measures to protect the integrity, confidentiality, and availability of data stored on our Platform. These measures include, but are not limited to, encryption, access controls, regular securityaudits, and compliance with applicable data protection regulations. However, Users acknowledge that no system, whether online or offline, is completely immune to potential security breaches.

ii. Limitation of Liability:While we strive to maintain the security and availability of our Platform, Users agree that we shall not be held liable for any loss, damage, or unauthorized access to data that may result from circumstances beyond our reasonable control. This includes, but is not limited to, incidents arising from cyber-attacks, natural disasters, third-party service failures, or other unforeseen events. Users further agree to take appropriate measures to secure their own systems when accessing and using the Platform.

iii. Third-Party AI Tools:The Platform may integrate third-party AI tools and services that assist in summarizing and analyzing historical data. While we carefully select these tools to enhance the Platform's functionality, we do not guarantee the accuracy, completeness, or reliability of the outputs generated by such tools. Users acknowledge that the use of third-party AI tools is at their own risk, and we disclaim all liability for any errors, omissions, or adverse outcomes that may result from relying on the data or insights provided by these tools.

iv. Indemnification:Users agree to indemnify and hold us harmless from any claims, losses, damages, or liabilities arising from their use of the Platform, including any reliance on third-party AI tools, breaches of data security due to user negligence, or any unauthorized use of the Platform that results in harm to third parties.

11. Intellectual Property

11.1 Ownership:All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights, in and to the Platform, including its software, designs, algorithms, databases, content, and any other components, are owned exclusively by us or our licensors. This ownership extends to any modifications, enhancements, updates, or derivative works created from or in connection with the Platform. No rights or interests in these intellectual properties are transferred to Users except as expressly provided in these Terms.

11.2 License:Subject to compliance with these Terms, we grant Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform solely for the purposes for which it is intended. This license is provided for the duration of the User's authorized use of the Platform and is conditioned upon the User's adherence to all applicable laws and the restrictions set forth in these Terms. Any use of the Platform beyond the scope of this license is prohibited unless expressly authorized by us in writing.

11.3 Restrictions:Users are not permitted to: (i) Copy, modify, or create derivative works of the Platform or its components, (ii) Distribute, sell, or lease any part of the Platform or its software, (iii) Reverse engineer or attempt to extract the Platform's source code. (iv) Use the Platform in any way that infringes on our or third-party intellectual property rights.

11.4 User Content:Users grant us a license to use any content they submit through the Platform for the purpose of operating and improving the service. Users must ensure they have the necessary rights to submit such content. As part of the onboarding process, users will be required to acknowledge and confirm their professional status by selecting a checkbox that states: “I am a licensed medical doctor authorized to prescribe medicines and provide treatment.” This confirmation is mandatory before accessing the Platform’s services.

11.5 Third-Party Intellectual Property:Any third-party software or content included in the Platform is subject to the rights of their respective owners, and Users must adhere to the terms provided by those third parties.

11.6 Termination of License:We may terminate the license if a User violates these Terms. Upon termination, the User must stop using the Platform immediately.

12. Compliance with Laws

Users agree to comply with all applicable laws, regulations, and guidelines, including those related to data protection, privacy, and healthcare. This includes adherence to the Health Data Management Policy, HIP/HIU guidelines, Data Privacy Policy, and Data Security Policy of the National Health Authority.

13. Disclaimers

13.1 The Platform is provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2 The services may be used to access and transfer information over the internet and to link to third party web sites. The User acknowledges and agrees Swingbell Labs does not operate or control the internet or the third party web sites and: (i) viruses, worms, trojan horses, or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage User’s data, web sites, computers, or networks. Swingbell Labs shall not be responsible for such activities. Swingbell Labs does not and cannot control the flow of data to or Swingbell Labs’s network and other portions of the internet, or the availability of or access to third party web sites. Such flow depends in large part on the performance of internet services provided or controlled by third parties. The actions or inactions of third parties can impair or disrupt the user’s connections to the internet, access to third party web sites or portions the internet or web sites, and the transmission of data. Although Swingbell Labs will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events. Swingbell Labs cannot guarantee that such events will not occur. Accordingly, Swingbell Labs disclaims any and all liability resulting from or relating to such events.

14. Indemnification

Users agree to indemnify, defend, and hold harmless Swingbell Labs, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with:(a) the User’s use of the Services in excess of the rights granted in this Agreement; (b) the User’s material breach of this Agreement; (c) the User’s purchase, selection, recommendation or use of any Third Party Service, or use of Third Party Services resulting from use of Platform’s Services; and/or (d) User’s violation of any rights of a third party, including Data Principals.

15. Limitation of Liability

15.1 Swingbell Labs shall not be liable for any direct, special, indirect, incidental, consequential, punitive, or other damages, including loss of profits, business interruption, personal injury, property damage, or loss of data or goodwill, whether in contract, tort (including negligence), or otherwise, even if the Swingbell Labs was aware or should have been aware of the possibility of such damages. The Company is also not liable for any damages related to third-party services or data.

15.2 In no event shall the Swingbell Labs’s total cumulative liability for all damages, losses, and causes of action relating to this agreement exceed the amount of the license fees paid by the User during the preceding term.

15.3 Users acknowledge that they are solely responsible for their reliance on and use of third-party data and agree to hold the Swingbell Labs harmless from any liability or damages arising from such use. This limitation of liability applies regardless of the form of legal action and remains effective even if an exclusive remedy fails.

16. Termination

16.1 We reserve the right to terminate or suspend your access to the Platform, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

16.2 Upon termination, your right to use the Platform will immediately cease.

16.3 In the event of termination, you will have a period of 15 days to export or migrate your data from the Platform. After this period, we reserve the right to delete or disable access to your data. We recommend that you take appropriate action to ensure the preservation of your data within this timeframe.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka

18. Amendments

We may revise these Terms from time to time. The most current version will always be available on our Platform. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the updated Terms.

19. Independent Contractors

Each Party hereto is an independent contractor and nothing contained herein shall be construed to create a partnership, joint venture or agency relationship between Swingbell Labs and the User, nor shall either Party be authorized to bind the other in any way.

20. Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be conformed to prevailing law rather than voided, if possible, in order to achieve the intent of the parties and, in any event, the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. The captions of this Agreement are solely for reference and have no legal effect whatsoever and shall not in any way affect the interpretation or construction of this Agreement.

21. Force Majeure

Neither Party shall be liable for damage due to any cause beyond its control, including, without limitation, acts of God, acts of civil or military authority, labor disputes, failure or delay of suppliers or systems, including communications and power systems, fire, sabotage, war, embargo or acts or omissions of the other Party caused by any of such events.

22. Compliance with Laws

The User shall comply with all applicable laws and regulations, including, but not limited to, those laws and regulations governing its use of the Services. Swingbell Labs shall use reasonable efforts to comply with applicable laws and regulations in its performance of this Agreement and the provision of the Services.

23. Contact Information

If you have any questions about these Terms, please contact us at:

SwingbellLabs

admin@swingbell.com