HopeQure Terms & Conditions

1. Introduction & Acceptance of Terms

1.1. HopeQure Wellness Solutions Private Limited ("HopeQure"), a company incorporated under the Companies Act, 2013, owns and operates the website www.hopequre.com and the mobile application 'HopeQure' (together, the "Platform"), including associated CRM, data, content, and services.

1.2. These Terms & Conditions ("Terms"), read with the Privacy Policy, form a legally binding agreement between HopeQure and all Platform users ("Users"). By accessing or using the Platform or Services, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not use the Platform.

1.3. These Terms are governed by Indian law, including without limitation: the Indian Contract Act, 1872; the Information Technology Act, 2000 and rules thereunder (including the Reasonable Security Practices & Procedures and Sensitive Personal Data Rules, 2011; Intermediary Guidelines Rules); the Digital Personal Data Protection Act, 2023 ("DPDP Act"); and the Telemedicine Practice Guidelines, 2020 (MoHFW).

1.4. These Terms govern access to and use of Services, data processing, tele-consultations, and Platform access.

1.5. Scope of Services. This Agreement applies to all services made available by HopeQure on the Platform and related applications (including CRM, data and content), offered to Users as "Services".

2. Definitions

• Users: collectively includes Clients, Experts, Service Providers, and Visitors, and where applicable, their authorized representatives and affiliates.
• Client / User / Patient ("Client"): any individual who registers on, accesses, or uses the Platform to obtain consultation, counselling, psychotherapy, mental-health services, diet and nutrition services, medical tele-consultation, lifestyle/wellness services, self-help programs, astro service, yoga or fitness expert service, assessments, educational content, or any other services listed on the Platform. The term includes direct B2C users, employees/beneficiaries of corporate partners (B2B/EAP), and minors using the Platform under lawful parental/guardian consent; and may include corporate-nominated beneficiaries, dependents, spouses, or family members authorised to receive services.
• Expert / Practitioner / Professional ("Expert"): an independent qualified professional (e.g., Therapist, Psychologist, Doctor, Counsellor, Dietitian, Nutritionist, Health Coach, Psychotherapist, Wellness Professional, Yoga and Fitness Expert, Astrologer or Clinical Provider) registered on the Platform to provide professional services to Clients. Experts operate independently, maintain their own licences/credentials, and are not employees, agents, or representatives of HopeQure unless expressly contracted in writing.
• Service Provider: (a) any Expert registered to deliver consultations/services; (b) any third-party organisation/partner healthcare entity/diagnostic service/laboratory/wellness coach/clinical consultant/technology provider/support organisation engaged to deliver or facilitate services or Platform functions; and (c) their authorised personnel (interns, assistants, practice staff, sub-contractors) involved in service delivery. Service Providers are independent contractors; HopeQure does not supervise/control/direct their professional judgment or clinical decisions.
• Visitors: casual visitors who neither register nor avail services.
• Personal Contact Details: personally identifying contact information (e.g., phone numbers, email ids, social handles, IM/video usernames, postal addresses).
• Protected Health Information (PHI): mental-health/medical information shared during consultations or through the Platform, including assessments, notes, treatment plans/history.
• Off-Platform Engagement: any consultation, advice, follow-up, therapy, payment, or communication between a Client and a Service Provider conducted outside HopeQure systems.
• Data Fiduciary / Data Principal / Data Processor: as per the DPDP Act, 2023.

3. Eligibility & Accounts

3.1. Users must be 18 years or older. Minors under the age of 18 years may use the Platform only under the supervision of a parent/legal guardian who shall be deemed the User.

3.2. Registration requires accurate, complete, and current information. You are responsible for safeguarding account credentials and all activities under your account and must promptly notify HopeQure of any unauthorized use.

3.3. If registration information is inaccurate, incomplete, or misleading, HopeQure may suspend or terminate access.

3A. Electronic Signature & Contract Acceptance

3A.1. By accessing, registering on, or using the Platform, or by clicking "Agree", "Continue", "Submit", or similar buttons, the User acknowledges and agrees that such action constitutes a valid electronic signature and legally binding consent under: (a) the Information Technology Act, 2000 (India); (b) UETA & ESIGN Act (United States) where applicable; and (c) eIDAS Regulation (EU) where applicable.

3A.2. Such acceptance forms a valid, enforceable contract between the User and HopeQure.

3A.3. Users agree that no physical or ink signature is required.

3A.4 — Telemedicine Nature & Medico-Legal Exclusion

HopeQure provides tele-consultation services only. All consultations, advisories, recommendations, prescriptions, and care plans issued through the Platform are intended solely for tele-health guidance and do not constitute medico-legal, forensic, insurance, court, fitness-for-duty, disability, or legal medical opinion, nor substitute for a physical examination where required.

Clients agree not to use any HopeQure consultation, prescription, or report for medico-legal, court, police, employment legal defense, litigation, disability certification, insurance claims, medical leave disputes, or regulatory proceedings.

4. Data Protection & Data Usage and Compliance

4.1. Role. HopeQure acts as a Data Fiduciary for personal/sensitive data processed for service delivery, regulatory compliance, fraud prevention, and other lawful purposes.

4.2. User Rights. Subject to law, Users may request access, correction, erasure, and withdraw consent prospectively; and seek grievance redressal. HopeQure may retain certain data for legal/regulatory/security purposes even after deletion requests.

4.3. Personal & Sensitive Personal Data. Personal Data may include name, address, contact details, DOB, photograph, and other identifiers. Sensitive Personal Data may include financial information, health data, sexual orientation, biometrics, genetic data, and government identifiers.

4.4. Children's Data. Personal data of children (under 18) is processed only with verifiable parental/guardian consent; guardians may exercise rights on behalf of the child.

4.5. Retention & Deletion. Data is retained only as necessary for stated purposes and as required by law/tax/dispute-resolution. Where applicable law or contractual obligations require, session metadata and necessary clinical records (including clinician notes) may be retained for lawful record-keeping and safety, subject to confidentiality. A high-level retention/deletion schedule is available on request.

4.6. Cross-Border Processing. Data may be processed outside India subject to applicable laws and Government notifications; contractual safeguards ensure protection substantially similar to Indian law.

4.7. Timelines. HopeQure endeavors to respond to data rights requests within 15 working days or as prescribed by law, subject to identity verification.

4.8. Breach Notification. In case of a personal-data breach likely to cause significant harm, HopeQure will notify the Data Protection Board of India and affected Data Principals per law, and take remedial measures.

4.9. Cookies & Direct Marketing. The Platform uses cookies for functionality/analytics. Marketing communications (SMS/voice/email) are sent only with consent and as per TRAI/DND norms. Users may opt-out via message controls/account settings; essential service messages may still be sent.

4.10. Explicit Consent for Sensitive Personal Data. The User provides explicit consent to HopeQure for collection, storage, processing, and sharing with engaged processors of Sensitive Personal Data in accordance with applicable law and these Terms.

4.11. Employer Programs (EAP). Where Services are provided under a corporate Employee Assistance Program, the Client consents to HopeQure sharing only anonymised and aggregated utilisation data with the employer, except where: • there is an immediate risk to life/safety, or • disclosure is required by applicable law

4.12. Copyright / IP Notice. Copyright owners may submit takedown requests to contactus@hopequre.com with proof of ownership; HopeQure will act promptly and in good faith in accordance with applicable law.

4A. Global Compliance, HIPAA & GDPR Alignment

4A.1. HopeQure primarily operates under Indian law including the DPDP Act.

4A.2. For international Clients and corporate users, HopeQure adopts commercially reasonable administrative, physical, and technical safeguards aligned with global privacy and data protection frameworks, including: (a) HIPAA privacy/security principles (U.S.); (b) GDPR lawful processing & data minimization (EU/EEA); and (c) ISO/IEC 27001 information security practices.

4A.3. HIPAA Applicability. HopeQure implements HIPAA-aligned confidentiality practices where required; however, HIPAA obligations do not legally apply unless a written Business Associate Agreement (BAA) is executed with the relevant enterprise partner.

4A.4. GDPR Applicability. GDPR obligations apply only where processing involves EU data subjects and only to that limited scope. Where GDPR applies, HopeQure will: (a) process data based on consent, contract, or legal interest; (b) support access/correction/erasure requests to the extent legally permissible; and (c) transfer data only with lawful safeguards, including SCCs, encryption, or explicit consent.

4A.5. If there is a conflict between DPDP and GDPR, the standard providing greater user protection applies to the extent commercially and legally feasible.

4A.6. HopeQure does not sell personal data, PHI, or behavioral health information in any jurisdiction.

4B. Responsible AI Usage & PHI Restrictions

4B.1. HopeQure may use de-identified, anonymized, and aggregated data to improve service delivery, triage, clinical decision support, AI safety systems, and product analytics.

4B.2. PHI, clinical notes, identifiable mental-health or medical content shall not be used for AI training without explicit written consent.

4B.3. HopeQure does not sell PHI or share identifiable user data with AI vendors.

4B.4 — AI Usage & Client Responsibility

AI tools (if used) are for support only. AI does not replace licensed professionals.

Users shall not rely solely on AI outputs for medical decisions or emergency conditions.

Users shall not attempt to manipulate or misuse AI systems to obtain controlled medications, misrepresent personal health status, or produce false medical documentation.

5. Platform Services & Content

5.1. HopeQure may collect device/usage analytics to improve services and develop new services.

5.2. HopeQure publishes Service Provider profiles (e.g., specialization, qualifications, fees) on a reasonable-effort basis but is not liable for inaccuracies despite screening efforts.

5.3. Informational Content Only. Blogs, FAQs, assessments, self-help tools, AI-assisted prompts, and wellness content are for informational/support purposes only and are not medical/therapeutic diagnosis or individualized advice.

5.4. No Guarantee of Therapist Fit. Interpersonal compatibility, therapeutic approach, and perceived effectiveness vary. Clients may request reassignment subject to availability; HopeQure is not liable for dissatisfaction/mismatch.

5.5. Official Transactional Communications. For booking confirmations, reminders, and service feedback, the Platform may use a Client's registered phone number and/or email address for transactional communications.

5.6. Illustrative Counselling Topics (non-exhaustive). Psychological counselling/psychotherapy may include: stress, anxiety, depression, panic attacks, fear; de-addiction; cultural diversity and interpersonal skills; emotional/psychological issues; dating, marriage, breakup or relationship issues; family/marital/children/parental issues affecting studies/work; personalised mental-health counselling; personalised diet plans; self-assessments and similar allied topics.

5.7. No Guaranteed Outcomes. HopeQure and Experts do not guarantee recovery, cure, weight loss, symptom elimination, success rate, timeframe, or clinical outcome. Client results depend on adherence, biological factors, severity, and external conditions. No guarantee of cure, symptom improvement, weight loss, recovery timeline, stress reduction, mental-health improvement, or specific result is provided. Outcomes vary based on adherence, health condition, lifestyle, clinical severity, and individual factors.

6. Booking, Sessions & Tele-Consult Informed Consent

6.1. Bookings can be made through the Platform and confirmed via system communication. Typical counselling hours are Monday–Saturday, 10:00–18:00 (IST), excluding weekly/national holidays (subject to change by notice on the Platform).

6.2. Sessions are typically up to 60 minutes, in English or Hindi (where available). Multiple simultaneous bookings may require Expert consent.

6.3. No-Show. If a Client fails to join within 15 minutes of the start time, the session may be marked No Show and treated as utilized.

6.4. Tele-Consult Consent. By booking or attending a tele-consult, you consent to electronic service delivery, acknowledge limitations of remote care (e.g., limited physical examination, technology risks), and agree that time-critical care must be sought in-person/emergency services.

6.5. Transactional Booking Communications. To facilitate scheduling and feedback, HopeQure may contact Clients via their registered phone/email with booking links, reminders, and post-session feedback requests.

6.6. Official Contact Channels. Client contact with counsellors/therapists shall occur through Platform interfaces and official HopeQure channels (e.g., contactus@hopequre.com for B2C, eap@hopequre.com for B2B, and the customer support IVR listed on the website).

6.7. Alternative Booking Flow (SPOC). Where applicable: (a) Client may share preferred dates/times with the designated SPOC; (b) upon therapist confirmation, a time-bound booking link (typically valid 30 minutes) may be sent to the Client's registered email; (c) upon confirmation via the link, the session is booked.

6.8. System-Failure Rebooking. If a confirmed session cannot be completed due to a verified HopeQure platform technical failure, the Client will be offered a free re-booking or refund at HopeQure's discretion.

6.9 — Clinical Escalation & Referral

Experts may require Clients to seek:

• in-person examination
• diagnostic tests/labs
• psychiatric evaluation
• emergency services
• hospital admission

Failure to follow referral guidance is solely the Client's responsibility.

6.10. Telemedicine Consent Reference.

Tele-consultation services are provided in accordance with the Telemedicine Practice Guidelines, 2020 and the Platform's Telemedicine Informed Consent Policy.

7. Platform Conduct & Restrictions

7.1. Platform Exclusivity & Non-Circumvention. All consultations, communications, scheduling, and payments must occur exclusively on the Platform. Users/Experts shall not exchange Personal Contact Details to bypass the Platform, solicit or accept off-platform services/discounts. Breach may result in termination, damages (including client acquisition cost + anticipated lost revenue), and legal remedies. Obligations survive 12 months after account termination.

7.2. No PHI/Contact Sharing Outside Platform. Users/Providers shall not request/share PHI or Personal Contact Details outside HopeQure interfaces. Attempts to exchange private numbers, emails, social handles, or alternate payment instructions may result in suspension and legal liability.

7.3. No Recording / Data Misuse. Recording, screen-captures/sharing, transcription, storage or distribution of session content without prior written authorization is prohibited.

7.4. Behavior & Misconduct. Harassment, abuse, bullying, hate speech, defamation, sexual advances, threats, coercion, extortion, profanity, discrimination, or derogatory behavior towards staff, clients, experts, or the Platform is prohibited and may result in termination/legal action.

7.5. Prohibited Uses (Security). Users shall not: (i) probe/scan/test vulnerabilities or circumvent security; (ii) copy/modify/reverse-engineer the Service; (iii) use bots/scrapers to harvest data; (iv) transmit malware or interfere with service integrity; (v) use the Service for unlawful/harmful/infringing activity.

7.6. No Commercial Use. Clients or Experts shall not reproduce, resell, license, scrape, commercialize, or use Platform content, assessments, therapy models, clinical frameworks, or guides outside personal self-use without prior written consent.

8. Crisis, Safety Monitoring & Emergency Protocol

8.1. HopeQure may monitor for crisis keywords/behavioral risks or solicitation attempts (automated/manual) solely to provide emergency guidance; this does not create a duty to rescue. No liability shall arise for good-faith interventions or lack thereof.

8.2. Safety Exception. If there is credible risk of self-harm, harm to others, violent intent, or similar, the Expert/HopeQure may contact emergency services, employer (EAP cases), family, or authorities, disclosing minimum necessary information to prevent harm.

8.3. Emergency Responsibility of Clients. Clients agree to immediately contact local emergency services in cases of:

• suicidal intent or self-harm risk
• violent or homicidal intent
• severe psychiatric emergency
• chest pain, stroke symptoms, seizures, or medical emergency

HopeQure is not an emergency service.

8.4. Misuse of Crisis Signals. False emergency declarations or misuse of self-harm statements to manipulate services, benefits, or outcomes may result in suspension and investigation.

8A. Duty-of-Care Limitations for Crisis Events

8A.1. HopeQure and Experts provide reasonable professional guidance for mental distress, crisis indicators, and self-harm ideation.

8A.2. HopeQure and Experts do not assume a legal duty to rescue, and shall not be liable for any harm, injury, or loss arising from: (a) suicide attempts or self-harm events; (b) violence or harm to others; (c) medical emergencies or psychiatric crises; or (d) delays or inability to reach emergency services.

8A.3. Users and caregivers must immediately contact emergency services or local authorities in case of risk to life.

9. B2B / EAP Confidentiality

9.1. For corporate programs, HopeQure provides only aggregated, anonymized, and de-identified utilization reports; no personal session content/diagnosis/treatment/PHI is shared with employers/HR/supervisors without explicit written consent, except per the Safety Exception or as required by law.

9.2 — EAP Employer Data Protection (clarified)

Employers receive only aggregate anonymized EAP utilization data.

No session notes, PHI, diagnosis, or content is shared unless:

• explicit written consent by the Client, or
• required by safety exception or law

10. Client Responsibilities (Environment, Technology, Accuracy)

10.1. Accurate Information. Clients must provide complete and accurate personal/medical/psychological data. HopeQure/Experts are not liable for consequences arising from inaccurate/withheld information.

10.2. Private Setting. Clients are responsible for a safe, private, distraction-free environment during sessions.

10.3. Device & Internet. Clients must ensure compatible devices, updated software, and stable internet; HopeQure is not liable for disruptions due to user devices/connectivity.

11. Payments, Pricing, Fraud & Chargebacks

11.1. Plans and fees are displayed on relevant Platform pages (e.g., /online-therapists). Browsing is free; Services commence on payment realization to HopeQure.

11.2. Payments may be made via Platform-integrated gateways (cards, UPI, internet banking, PayPal, etc.). Clients are responsible for applicable charges, duties, levies, and taxes. Fees may change at HopeQure's discretion.

11.3. Chargebacks & Fraud. Chargeback fraud, payment reversal manipulation, or unauthorized disputes may result in account suspension and recovery action, and may be reported to banks/card networks/NPCI/authorities.

11.4. Withholding & Set-Off. HopeQure may withhold or set-off amounts payable to a Service Provider against diversion fees, damages, chargebacks, penalties, or sums due arising from breach of these Terms or law.

11.5. Payments Support. For any payment processing issues or reconciliation queries, Clients may contact contactus@hopequre.com with booking details for assistance.

11.6 — Platform Responsibility on Technical Failure

If a session cannot be completed due to verified HopeQure platform technical failure, the Client is entitled to a free re-booking or refund at HopeQure's discretion.

11.7 — No Direct Payment Transactions

All payments must occur via HopeQure platform only. Direct payment to experts is prohibited.

11A. Corporate Billing, Access & Suspension

11A.1. Corporate and enterprise plans are governed by separate written commercial agreements.

11A.2. In the event the corporate client fails to make timely payments, HopeQure may suspend or restrict Platform access for beneficiaries until accounts are settled.

11A.3. Individual beneficiaries under corporate prepaid programs acknowledge that refunds, cancellations, billing disputes, or benefit changes must be directed to the sponsoring corporate entity and not HopeQure, unless otherwise contractually agreed in writing.

12. Cancellation & Refunds

12.1. Changes/cancellations/rescheduling are permitted up to one day prior to the appointment at no charge; cancellations within the previous-day window up to session time are treated as utilized.

12.2. Last-minute cancellation (within 24 hours) or No-Show may restrict next booking for 7 days.

12.3. Genuine inability (e.g., illness) may allow rescheduling at HopeQure's discretion.

12.4. For partially used discounted packages, refunds (if any) are calculated at actual undiscounted per-session rates for sessions consumed, less a 5% cancellation fee (payment gateway/associated fees). HopeQure's aggregate liability for refunds under this clause is capped at INR 2,000.

12.5. If a booked Expert is unavailable, HopeQure will attempt to provide another Expert or reschedule; if not possible, the single-session amount will be refunded within 7 business days in the original mode.

12.6. Failure to attend without prior cancellation is non-refundable.

12.7 — Limited Scope of Prescriptions

Prescriptions issued via tele-consultation are for lawful treatment and follow Telemedicine Guidelines, and must not be used for medico-legal, workplace certification, insurance claims, emergency treatment clearance, or physical-fitness certificates.

13. Terms of Usage for Experts

13.1. Clinical Independence; Non-Employment. Experts are independent practitioners (not employees/agents/partners of HopeQure). Clinical decisions and documentation remain the Expert's sole responsibility; HopeQure bears no vicarious liability for clinical acts/omissions.

13.2. Compliance. Medical practitioners must hold valid registration (State/Medical Council), comply with Telemedicine Guidelines (2020), and not prescribe restricted/controlled substances via tele-consult contrary to law.

13.3. Timeliness & Communication. Honour booked time slots; notify delays to Clients promptly.

13.4. Confidentiality. Information disclosed by Clients is confidential and subject to privacy laws and professional privilege.

13.5. Payments. HopeQure is not responsible for losses due to incorrect bank details provided by Experts; technical failures may be addressed via contactus@hopequre.com.

13.6. Profile & Content. Experts warrant rights to content uploaded in profiles/materials; HopeQure may modify/remove inaccurate content, take down/display profiles, and publish Expert content to third-party content platforms.

13.7. Sponsored Ads. Sponsored content may appear and will be marked as "Sponsored"; HopeQure is not liable for accuracy/claims therein.

13.8. Indemnity by Experts. The Expert agrees to fully indemnify, defend, and hold harmless HopeQure, its affiliates, shareholders, directors, officers, employees, agents, contractors, and representatives (collectively, "Indemnified Parties") from and against any and all losses, claims, demands, actions, liabilities, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• any professional act, advice, omission, negligence, misconduct, or breach of duty by the Expert;
• failure to comply with any applicable medical, mental-health, clinical psychology, dietetics, fitness, telemedicine, or wellness regulations, statutory requirements, licensure obligations, or professional ethical codes;
• improper or unlawful prescription, treatment plan, diagnosis, certification, or clinical recommendation;
• a breach of confidentiality, privacy, PHI protection, or data security obligations under applicable laws (including DPDP Act, Telemedicine Guidelines 2020, and any applicable Medical Council or regulatory guidelines);
• violation of these Terms, HopeQure policies, or misuse of the Platform;
• intellectual property violations or unauthorized use of third-party content;
• claims brought by Clients or third parties relating to services rendered or not rendered by the Expert;
• any dispute over fees, payments, refunds, or service delivery between the Expert and a Client;
• any content or representations made by the Expert in chats, sessions, profiles, prescriptions, written materials, or offline/online communication; and
• any tax liability, employment claim, labour dispute, or statutory dues arising from the Expert's independent contractor status.

The Expert agrees that:

• HopeQure shall have the right to defend any claim at the Expert's expense, and
• HopeQure may recover indemnifiable amounts by withholding from amounts otherwise payable to the Expert or pursuing legal recovery.

This indemnity shall survive termination of the Expert's engagement with the Platform.

13.9. Audit & Monitoring. HopeQure may conduct compliance audits, review communications metadata (without accessing clinical content except for compliance/safety), and request evidence of compliance.

13.10. Professional Advertising Rules. Experts shall comply with applicable professional advertising/solicitation codes (including Medical Council/State Council rules) for profiles, claims, and content.

Experts indemnify HopeQure for:

• clinical negligence or malpractice
• improper licensure or expired documents
• prescription violations
• misuse of client data
• breach of telemedicine laws
• failure to escalate emergency cases
• professional misconduct or ethical breach

13A. Telemedicine Compliance & Medication Restrictions

13A.1. Experts shall comply with the Telemedicine Practice Guidelines, 2020 (MoHFW, India) and relevant jurisdictional rules.

13A.2. Experts shall not prescribe or advise via tele-consultation: (a) Schedule X drugs; (b) narcotic or psychotropic substances under the NDPS Act; (c) habit-forming medicines or controlled substances; (d) medicines specifically prohibited for tele-practice; or (e) high-risk psychiatric scheduled medications unless authorized by law and emergency protocol.

13A.3. Any violation may result in immediate account suspension and legal consequences.

13B. Professional Liability Insurance

13B.1. Experts must maintain valid professional indemnity/malpractice insurance suitable to their profession and jurisdiction at all times.

13B.2. HopeQure is not responsible for claims arising due to a practitioner's lack of insurance or misconduct.

14. Platform Availability & Third-Party Infrastructure

14.1. HopeQure endeavours to ensure uninterrupted access but services may be unavailable due to maintenance, outages, cyber incidents, telecom failures, disasters, or events beyond control.

14.2. HopeQure may use secure, vetted third-party cloud services, telecom APIs, and payment processors as Data Processors under confidentiality/security obligations.

14.3. HopeQure is not liable for inability to access the Platform or missed appointments due to such events.

14.4. Lab/Diagnostic Disclaimer.

Where diagnostic/lab services are booked via third-party partners, the Client acknowledges that:

• sample handling, clinical reports, result accuracy and timelines are third-party obligations
• HopeQure is not liable for lab errors, report issues, or medical interpretations not performed by HopeQure providers

14.5 — No Substitute for In-Person Emergency Care

Tele-consultation is supplemental and not a replacement for in-person emergency or critical care.

Users must call 112 or visit the nearest hospital during medical or psychiatric emergencies.

HopeQure does not provide crisis stabilization or suicide-prevention emergency services.

15. Intellectual Property

15.1. All Platform content, therapy frameworks, assessments, care protocols, AI tools, worksheets, manuals, session flows, scripts, designs, brand assets, and communications are the exclusive property of HopeQure.

15.2. Providers/Users shall not reproduce, reuse, modify, commercialize, or export HopeQure IP outside the Platform without written consent.

15.3 — Non-Commercial License

Content including worksheets, protocols, tests, diet plans, therapy modules, AI outputs, and consultation materials is for personal use only and may not be:

• resold
• published
• replicated
• used for competitive business purposes

without written permission.

16. Disclaimers

16.1. The Platform and Services are provided on an "as is" and "as available" basis without warranties (express/implied) including merchantability, accuracy, fitness for a particular purpose, title, or non-infringement.

16.2. HopeQure does not guarantee the accuracy/completeness of User-provided content or third-party sites linked from the Platform; links do not imply endorsement.

16.3. HopeQure is not liable for device damage/viruses resulting from access, use, or downloads.

16.4. Search results for Experts are not endorsements; engagement is at the Client's own risk.

16.5. Tele-Services & Medical Limitation.

Tele-consultation and wellness guidance are complementary support services and not a substitute for in-person medical evaluation where required.

16.6. AI Support Advisory.

AI-based features are assistance tools and shall not be considered medical or psychological advice. Clinical decisions are made by licensed professionals.

16A. Prohibited Clinical Use

16A.1. Users agree that the Platform shall not be used for: (a) medico-legal or forensic psychiatric evaluations; (b) psychological or medical fitness certificates; (c) return-to-work or fitness-for-duty letters; (d) disability certifications; (e) legal testimony or court-mandated assessments; or (f) hospital admission orders or involuntary commitment processes.

16A.2. Any such attempt may result in service refusal and account termination.

17. Limitation of Liability; Force Majeure; Carve-Outs

17.1. Limitation. In no event shall either party be liable to the other for special, exemplary, indirect, incidental, consequential, or punitive damages. Aggregate liability shall not exceed 100% of the total fee paid by the Client for the Services giving rise to the claim.

17.2. Carve-Outs. Nothing limits liability for (i) death/personal injury caused by willful misconduct; (ii) fraud; or (iii) data breach caused by gross negligence or willful misconduct.

17.3. Force Majeure. Neither party is liable for delay/failure due to events beyond reasonable control (acts of God, government action, epidemic/pandemic, cyberattacks, power/internet failures, labour disputes), provided reasonable mitigation and prompt resumption efforts.

17.4 — Lab & Third-Party Service Disclaimer (Future-Proofing)

If HopeQure integrates with labs/diagnostics in future, testing accuracy, sample handling, and reporting remain the responsibility of the respective lab providers.

18. Indemnity (Clients)

18.1. Indemnity by Clients. The Client agrees to indemnify, defend, and hold harmless HopeQure, its affiliates, shareholders, directors, officers, employees, agents, contractors, and representatives (collectively, "Indemnified Parties") from and against any and all losses, claims, demands, actions, liabilities, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or related to:

• the Client's breach of these Terms, the Privacy Policy, or any Platform policy;
• misuse of the Platform, including attempting to solicit or receive off-platform services, sharing credentials, or bypassing Platform payments;
• any content, statements, information, materials, or feedback submitted or published by the Client (including defamation, IP infringement, privacy violations, or unlawful content);
• the Client's violation of applicable law (including DPDP Act, IT Act/Rules, Telemedicine Guidelines where applicable), or third-party rights;
• inaccurate, incomplete, deceptive, or withheld information provided by the Client (including health history, emergency risk, or contact details) that impacts clinical decisions or service delivery;
• unauthorized use of the Client's account or credentials by any third party resulting from the Client's act or omission;
• payment issues initiated by or attributable to the Client, including fraudulent chargebacks, payment reversals, or claims of unauthorized transactions;
• off-platform interactions or transactions between the Client and any Expert/Service Provider; and
• any claim by a third party (including an employer in EAP contexts) arising from or connected with the Client's use of the Services, except to the extent caused by HopeQure's willful misconduct or fraud.

• misrepresentation of medical/history facts • misuse of prescriptions or advice • false emergency declarations • breach of law, Terms, or telemedicine rules • unauthorized commercial use of content • harm caused to third parties based on Client actions

18.2. Defense & Settlement. HopeQure may (at its option) assume the defense of any matter subject to indemnity at the Client's expense. The Client shall not settle any claim that imposes obligations on, or includes an admission of liability by, an Indemnified Party without HopeQure's prior written consent. HopeQure may approve counsel and shall have the right to participate in the defense.

18.3. Cooperation. The Client shall provide timely cooperation, information, and documents reasonably required for the defense of any indemnified matter.

18.4. Set-Off & Recovery. Amounts recoverable under this clause may be set off against any refunds, credits, or other sums otherwise payable to the Client, without prejudice to HopeQure's right to pursue separate recovery.

18.5. Survival. This indemnity survives termination of the Client's account and the cessation of access to the Services.

18.6. EAP Employer Claims. Where the Client accesses Services under an employer-sponsored program, the Client's misuse of the program or breach of applicable employer policies that results in a claim against HopeQure shall be subject to this indemnity.

19. Termination; Blacklisting

19.1. HopeQure may suspend/terminate access with or without notice if: (a) Terms are violated; (b) User information cannot be authenticated; (c) continued membership is not in HopeQure's best interests; (d) third-party rights are violated; (e) HopeQure receives a credible third-party report of rights violation or unlawful activity attributable to the User's use of the Services.

19.2. Users shall not re-register without HopeQure's express consent. HopeQure may delete User information at its discretion subject to legal obligations.

19.3. Automatic Termination Grounds include contact-sharing/solicitation, session recording, harassment/threats/abuse, payment fraud, emergency-risk misconduct, platform misuse, and DPDP violations.

19.4. Blacklisting & Security Retention. HopeQure may securely retain minimal identifiers to prevent re-registration by Users/Providers terminated for fraud, abuse, data-misuse, or safety risk.

19.5. Survival. Clauses on confidentiality, PHI handling, platform exclusivity/non-circumvention, IP, payments/set-off, indemnity, limitations, governing law & dispute resolution, data protection, blacklisting/security retention, and survival shall endure termination.

19.6. Account Deletion by User. A User may request account deletion or termination in accordance with the Privacy Policy and applicable law.

20. Governing Law & Dispute Resolution

20.1. These Terms are governed by the laws of India. Courts at New Delhi, India shall have exclusive jurisdiction.

20.2. Disputes shall first be attempted to be resolved amicably; failing which, they shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. A sole arbitrator will be jointly appointed; failing agreement, a three-member tribunal shall be constituted. Seat/venue shall be New Delhi and language of arbitration shall be English and the applicable governing law shall be India.

20.3. Awards and disputes remain subject to the exclusive jurisdiction of competent courts at New Delhi.

20.4. Procedural Flexibility. The parties may mutually agree on reasonable procedural aspects of arbitration (e.g., scheduling, format) consistent with the Arbitration and Conciliation Act, 1996; the agreed seat/venue remains New Delhi.

20.5. Class Proceedings Waiver. To the fullest extent permitted by law, disputes shall be resolved on an individual basis; class arbitrations, class actions, or representative proceedings are not permitted.

21. Apple Health Data (HealthKit & CareKit)

21.1. The Platform supports wellness/care coordination and is not a medical device or substitute for emergencies.

21.2. Users shall not upload/generate false Apple Health Data or circumvent permissions; HopeQure may limit/suspend features to protect users/integrity.

21.3. Apple Health Data is not used for advertising/marketing/cross-app tracking or sold to data brokers.

21.4. Research use (if opted-in) is governed by a separate consent.

21.5. Third-party connections are user-controlled and revocable; third-party use is governed by their policies and our contracts.

22. Notices, Grievances & Contact

22.1. General Support: contactus@hopequre.com; EAP support: eap@hopequre.com; website: https://www.hopequre.com/contact-us.

22.2. Formal Notices: contactus@hopequre.com (for HopeQure) or the email in your account profile. Notices via email are deemed received the next business day; courier notices upon delivery confirmation.

22.3. Grievance Officer (IT Act)

Name: Mr. Arjun Raj

Designation: Service Manager

Address: 1204, 12th Floor, World Trade Tower, Sector 16, Noida, India – 201301

Email: contactus@hopequre.com | Tel: +91-9899118504.

23. Aadhaar Declaration

23.1. The Aadhaar number holder consents to HopeQure verifying Aadhaar details with UIDAI solely for authentication. Identity information will be used only to verify identity and shared with CIDR only for authentication if required.

24. Modifications to Terms

24.1. HopeQure may amend these Terms periodically. Continued use after notification or posting of updated Terms constitutes binding acceptance.

25. Assignment & Sub-Contracting

25.1. Users may not assign these Terms without HopeQure's prior written consent. HopeQure may assign or subcontract obligations to affiliates/contractors while remaining responsible for performance.

26. Feedback & Testimonials

26.1. By submitting feedback/testimonials, Users grant HopeQure a perpetual, non-exclusive, royalty-free licence to use/display such content for education, quality, and marketing (excluding PHI).

27. Account Sharing Prohibited

27.1. Accounts are personal and non-transferable; sharing credentials or permitting third-party access is prohibited and may lead to suspension.

28. Warranties by Users & Additional Prohibitions

28.1. Users shall not manipulate, coerce, intimidate, extort, or unduly influence clinical decisions of Experts.

28.2. Users agree not to use the Platform for unlawful or harmful purposes or to solicit off-platform engagements.

29. Third-Party Links & Sponsored Content

29.1. External links/sponsored content may appear; HopeQure is not responsible for content accuracy/claims and does not endorse such sites/services.

30. Verification of Expert Credentials

30.1. HopeQure conducts document verification on a reasonable-effort basis; accuracy/validity/currency of licences, degrees, and certifications remains the Expert's responsibility. Clients remain responsible for evaluating suitability.

31. Miscellaneous

31.1. Severability. If any provision is invalid/unenforceable, it shall be severed and the remainder shall continue in full force.

31.2. Waiver. No term is waived/amended except by written consent of the affected party. Any waiver applies only to the specific instance/purpose and is not continuing.

31.3. Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement regarding Platform use, superseding all prior communications.

31.4. AI-Assisted Support Notice. HopeQure may use AI tools for triage, guidance, content support, solicitation monitoring, and self-help automation; AI does not replace licensed professionals.

31.5. Research & Service Improvement. With consent, de-identified/anonymized data may be processed for quality improvement/analytics/research per the DPDP Act.

31.6. Order of Precedence. If there is a conflict, the applicable corporate agreement (if any) prevails over these Terms, which prevail over the Privacy Policy, solely to the extent of the conflict.