Introduction

Welcome to PsychDesk, a practice management and electronic health record (EHR) platform provided by INAARA Credence Private Limited (“INAARA Credence”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the PsychDesk service, including our website (“Website”) at www.psychdesk.in, our progressive web application (“App”), and all related services (collectively, the “Service”).

By accessing or using the Service, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service. These Terms are designed to comply with applicable Indian laws, including the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Mental Healthcare Act, 2017.

2. Definitions

Agreement: These Terms and Conditions, along with any subscription plan details, order forms, or other documents referencing these Terms.

App: The progressive web application accessed on a smartphone, computer, tablet, or other device, operating the business of PsychDesk.

Client: The person undergoing care with the Customer, such as a patient of a mental health professional or clinic.

Customer: The individual or entity (e.g., mental health professional, clinic, or practice) engaging INAARA Credence Private Limited to access the Service for themselves or their Clients.

Service: The practice management and EHR platform for mental health professionals provided by PsychDesk, accessible via the App and/or Website.

Website: The online medium at the domain “www.psychdesk.in”, operating the business of PsychDesk.

3. Eligibility and Account Registration

To use the Service, you must:

Be at least 18 years old and legally capable of entering into contracts under Indian law.

Be a registered mental health professional, clinic, or practice operating in compliance with the Mental Healthcare Act, 2017, and other applicable Indian regulations.

Register for an account by providing accurate and complete information, including your full name, contact details, professional license number (if applicable), and other required details.

Maintain the security and confidentiality of your account credentials (e.g., login name and password) and notify us immediately of any unauthorized use or breach.

We reserve the right to refuse registration or terminate accounts at our discretion if we suspect non-compliance with these Terms or applicable laws.

4. Subscription Plans

The Service is offered on a subscription basis. Details of available plans, features, and pricing are provided on our Website or through direct communication.

Subscription Term: Your subscription begins upon payment and continues for the selected term (e.g., monthly, annually) unless terminated as per these Terms.

Payment: Payments are processed via UPI or Razorpay, secure payment gateways compliant with Indian laws. You agree to provide accurate payment information (e.g., UPI ID, credit/debit card details) and authorize us to charge the subscription fees.

Renewal: Subscriptions automatically renew at the end of each term unless you cancel at least 7 days before the renewal date via your account settings or by contacting us at support@psychdesk.in.

Fee Changes: We may modify subscription fees with 30 days’ prior notice via email or the Website. Continued use after the change constitutes acceptance.

Refunds: Subscription fees are non-refundable except as required by Indian law or at our sole discretion.

5. Use of the Service

5.1 Permitted Use

You may use the Service to:

Manage appointments, scheduling, and client records.

Store and access electronic health records (EHR) in compliance with the Mental Healthcare Act, 2017.

Process payments from Clients and manage billing.

Communicate with Clients in a secure manner, where applicable.

5.2 Prohibited Use

You agree not to:

Use the Service for any unlawful purpose or in violation of Indian laws, including the Information Technology Act, 2000, and the Mental Healthcare Act, 2017.

Share, disclose, or transfer account credentials to unauthorized third parties.

Attempt to reverse-engineer, decompile, or hack the Service, or interfere with its security or functionality.

Upload or transmit harmful code, malware, or viruses.

Use the Service to store or process data unrelated to mental health practice management or EHR.

5.3 Compliance with Mental Health Regulations

As a Customer, you are responsible for ensuring your use of the Service complies with the Mental Healthcare Act, 2017, including:

Obtaining informed consent from Clients for the collection, storage, and use of their personal and health information.

Protecting the confidentiality and rights of Clients as per Sections 23 and 24 of the Mental Healthcare Act, 2017.

Maintaining records in accordance with regulatory requirements.

6. Data and Privacy

We handle your personal information and Client data in accordance with our Privacy Policy (available at www.psychdesk.in/privacy-policy), which complies with the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Customer Data: You own all data you input into the Service, including Client records. You grant us a limited, non-exclusive license to process this data to provide the Service.

Client Data: We process Client data on your behalf as per our Agreement and applicable laws. We will not access or use Client data except to provide the Service, anonymize/aggregate it for analytics, or as required by law.

Security: We implement reasonable physical, electronic, and procedural safeguards to protect data, in line with Indian regulations. However, you acknowledge that no system is entirely secure, and we exclude liability for unauthorized access or breaches to the extent permitted by law.

7. Payment Processing

We use UPI and Razorpay to process payments for subscription fees and, where applicable, Client payments to you.

You authorize us to process payments via these gateways and agree to comply with their terms (e.g., Razorpay’s terms at www.razorpay.com).

We are not responsible for delays, errors, or disputes arising from payment gateway operations, but we will assist in resolving issues where possible.

All transactions are in Indian Rupees (INR) unless otherwise specified.

8. Intellectual Property

All content, software, and materials in the Service (e.g., code, designs, logos, text) are owned by or licensed to INAARA Credence Private Limited and are protected by Indian and international intellectual property laws.

You are granted a non-exclusive, non-transferable, revocable license to use the Service for your practice management and EHR purposes during your subscription term.

You may not copy, modify, distribute, or create derivative works from the Service without our prior written consent.

9. Term and Termination

Term: These Terms remain in effect for the duration of your subscription or use of the Service.

Termination by You: You may terminate your subscription by canceling through your account settings or by emailing support@psychdesk.in with at least 7 days’ notice.

Termination by Us: We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees, or if required by law, with notice where practicable.

Effect of Termination: Upon termination, your access to the Service will cease. We will retain data as required by Indian law (e.g., Mental Healthcare Act, 2017) and our Privacy Policy, after which it will be deleted or anonymized.

10. Limitation of Liability

To the extent permitted by Indian law:

The Service is provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose or uninterrupted use.

INAARA Credence Private Limited shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of data, profits, or business, arising from your use of the Service.

Our total liability for any claim under these Terms shall not exceed the subscription fees paid by you in the preceding 12 months.

11. Indemnity

You agree to indemnify and hold INAARA Credence Private Limited, its officers, employees, and agents harmless from any claims, losses, or damages arising from:

Your use of the Service in violation of these Terms or Indian law.

Your failure to comply with the Mental Healthcare Act, 2017, or other regulations.

Any dispute between you and your Clients or third parties.

12. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of India.

Dispute Resolution: Any dispute arising from these Terms shall first be attempted to be resolved amicably through negotiation. If unresolved within 30 days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a single arbitrator appointed by mutual consent, conducted in [City, State, to be provided by INAARA Credence Private Limited], in English.

13. Changes to These Terms

We reserve the right to amend these Terms from time to time by posting an updated version on our Website. We will notify you of material changes via email or the Service. Continued use of the Service after changes constitutes acceptance. If you do not agree, you must cease using the Service.

14. Contact Us

For questions, support, or complaints regarding these Terms or the Service, contact us at:

INAARA Credence Private Limited[Address: To be provided by INAARA Credence Private Limited]Email: support@psychdesk.inPhone: [Phone number to be provided by INAARA Credence Private Limited]

15. Miscellaneous

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

Entire Agreement: These Terms, along with our Privacy Policy and any subscription plan details, constitute the entire agreement between you and INAARA Credence Private Limited.

Force Majeure: We are not liable for delays or failures in performance due to events beyond our control, such as natural disasters, government actions, or internet failures.