Version 1.1 · Effective from: 24 October 2026
1.1 These Terms of Service (the "Terms") govern access to and use of PrakharOne, an online clinic management service offered by Appsites Infotech, a sole proprietorship of Mr. Pawan Kumar Gupta, having its principal place of business at Plot No. 80, Shanti Nagar, Gurjar ki Thadi, Jaipur, Rajasthan – 302020, India, GSTIN 08AQTPG9514A1ZS (the "Company").
1.2 These Terms constitute a legally binding agreement between the Company and the clinic, practitioner or other person that registers for the Services (the "Subscriber"). By clicking "I agree" at sign-up, or by accessing or using the Services, the individual doing so: (a) accepts these Terms on behalf of the Subscriber; (b) represents that he or she is at least eighteen (18) years of age and competent to contract under the Indian Contract Act, 1872; and (c) represents that he or she is authorised to bind the Subscriber.
1.3 This document is an electronic record within the meaning of the Information Technology Act, 2000 and the rules made thereunder. It is generated by a computer system and does not require any physical or digital signature.
1.4 The Privacy Policy published at https://clinic.prakharveda.com/privacy forms part of these Terms.
1.5 A person who does not agree to these Terms must not register for or use the Services.
2.1 In these Terms, unless the context otherwise requires:
2.2 The expressions "Data Fiduciary", "Data Principal", "Data Processor", "personal data" and "personal data breach" have the meanings given to them in the DPDP Act.
2.3 Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa. The word "including" means "including without limitation".
3.1 Subject to these Terms and the payment of any applicable Fees, the Company grants the Subscriber, for the Subscription Term, a limited, non-exclusive, non-transferable, non-sublicensable and revocable right for its Users to access and use the Services solely for the internal purposes of the Subscriber's clinic.
3.2 The Services are an administrative and record-keeping tool for outpatient consultations, prescriptions, Panchakarma therapy schedules, pharmacy stock and sales, billing and follow-ups. The features available to the Subscriber depend on its Plan.
3.3 The Services are provided over the internet and do not operate offline. The Subscriber is responsible for its own devices, internet connection, browser and printers.
4.1 The Services are provided from a single, centrally hosted platform used by all subscribers. The Company may at any time update, upgrade, modify or improve the Services, including by adding, changing or removing features, changing the user interface and applying corrections and security fixes (each, an "Update").
4.2 Updates are applied automatically to all Accounts. By accepting these Terms, the Subscriber consents to receive all Updates, and no further consent or acceptance shall be required for any Update. The Company is under no obligation to provide, maintain or support any earlier version of the Services.
4.3 The Company shall use reasonable efforts to: (a) carry out Updates that require an interruption of the Services outside normal clinic hours; and (b) give prior notice, by e-mail or within the Services, of any Update that materially changes the manner in which an existing feature operates.
4.4 No Update shall delete Subscriber Data or restrict the Subscriber's right to export it under Clause 7.
4.5 The Company shall not, during a paid Subscription Term, withdraw a feature that formed part of the Subscriber's Plan at the time of payment, unless: (a) a reasonably equivalent feature is made available; or (b) the withdrawal is required by Applicable Law, an order of a competent authority, reasons of security, or the discontinuance of a third-party service on which the feature depends. In the case of sub-clause (b), the Company shall not be liable to refund any Fees or to pay any compensation.
5.1 Access to the Services is by a single-use code sent to the User's registered e-mail address; the Services do not use passwords. Each User shall keep his or her e-mail account secure and shall not disclose any code to any person. The Company will never ask for a code.
5.2 The Owner may add Users to the Account. A User is added only when the Owner enters, within the Services, the code sent to that User's e-mail address. The Owner shall assign each User an appropriate role and shall promptly remove the access of any User who leaves the Subscriber or is no longer authorised.
5.3 The Subscriber is responsible for all activity under its Account and for the acts and omissions of its Users as if they were its own.
5.4 The Subscriber shall notify the Company at sales@appsites.in without delay of any unauthorised access to its Account or any suspected security incident.
5.5 Each e-mail address constitutes one login. A login that is not an Owner may be a User of only one Account at a time; on joining another Account, it ceases to be a User of the previous one. An Owner may own more than one Account, each Account requiring its own paid Plan, but may not be a User of an Account owned by another person.
5.6 A User may leave an Account, and may delete his or her own login, through the Services. On deletion, the User's contact details are erased; the User's name remains on the records made by that User, which form part of Subscriber Data.
6.1 The first Account owned by a login receives a free trial of thirty (30) days with access to the features of the highest paid Plan; any further Account created by the same login requires a paid Plan from its creation. The free trial is available only once for an e-mail address, including after closure of an Account or deletion of a login. To continue using the Services after the trial, the Subscriber shall purchase a paid Plan, failing which Clauses 6.6 and 6.7 shall apply as if the trial were a Subscription Term.
6.2 The features, limits and Fees of each Plan are as stated on the Pricing Page at the time of purchase. Fees are payable yearly in advance, unless the Pricing Page states otherwise.
6.3 Fees are exclusive of goods and services tax and any other applicable tax, which shall be payable by the Subscriber in addition. The Company shall issue a tax invoice in accordance with Applicable Law, showing the Subscriber's GSTIN where the Subscriber has provided it.
6.4 Fees once paid are non-refundable.
6.5 The Company may revise the Fees of any Plan. Revised Fees shall apply only from the first renewal falling after notice of the revision has been sent to the Owner by e-mail, and shall not affect a Subscription Term already paid for.
6.6 If the Fees for a renewal are not paid by the last day of the Subscription Term, access to the Account shall be suspended from the next day, and no User shall be able to access the Account or Subscriber Data, save that the Owner may access the Account solely to pay the Fees or to export Subscriber Data. Such suspension does not affect a User's own login, which the User may continue to use to manage his or her own account, to leave the Account, or to work in any other account of which he or she is a member. Access shall be restored on payment of the Fees.
6.7 If the Fees remain unpaid for ninety (90) days after the end of the Subscription Term, the Account shall stand closed and the Company shall permanently delete Subscriber Data from the active systems of the Services, any copies that may exist in backups being deleted within the period stated in Clause 7.4. The Company shall send reminders to the Owner by e-mail before the end of the Subscription Term, and sixty (60), thirty (30), fifteen (15) and seven (7) days before such deletion.
7.1 These Terms apply from the time the Subscriber accepts them and continue until the Account is closed and Subscriber Data is deleted under this Clause 7.
7.2 A paid Subscription Term is renewed only upon payment of the renewal Fees by the Subscriber. The Company shall not charge any amount automatically without the Subscriber's authorisation.
7.3 The Owner may at any time: (a) export all Subscriber Data, in machine-readable form, through the Services; and (b) close the Account through the Services by confirming a code sent to the Owner's registered e-mail address.
7.4 On closure, the Account shall be deactivated and Subscriber Data shall be retained for ninety (90) days from the date of closure (the "Retention Period"), during which the Owner may export Subscriber Data or re-open the Account. On expiry of the Retention Period, the Company shall permanently delete Subscriber Data from the active systems of the Services, and any copies that may exist in backups shall be deleted in the ordinary backup cycle within ninety (90) days thereafter. Deleted data cannot be recovered.
7.5 The Company may suspend or restrict access to the Services, in whole or in part, with notice where practicable, if: (a) the Subscriber or any User breaches Clause 10 or any other material term of these Terms; (b) required by Applicable Law or by a competent authority; or (c) necessary to protect the security or integrity of the Services or of other subscribers.
7.6 The Company may terminate these Terms by notice to the Owner for a material breach that is not remedied within fifteen (15) days of notice, or with immediate effect where the breach is incapable of remedy. On such termination, Clause 7.4 shall apply as if the Account had been closed on the date of termination.
7.7 The Company does not undertake to keep backups of Subscriber Data for the Subscriber, or to restore Subscriber Data at the Subscriber's request. The Subscriber is solely responsible for exporting and keeping copies of Subscriber Data at such intervals as it considers necessary, including daily, and for retaining its records for any period required by Applicable Law.
7.8 Clauses 7.4, 8, 11, 12, 14, 15, 16, 20 and 22 shall survive the closure of the Account and the termination of these Terms.
8.1 As between the parties, the Subscriber owns all Subscriber Data. The Subscriber grants the Company a limited, non-exclusive licence to host, store, copy, transmit and otherwise process Subscriber Data solely to provide, maintain, secure and support the Services and as required by Applicable Law.
8.2 In respect of personal data contained in Subscriber Data, the Subscriber is the Data Fiduciary and the Company acts as its Data Processor. This Clause 8 constitutes the contract contemplated by section 8(2) of the DPDP Act for the processing of such personal data by the Company on behalf of the Subscriber.
8.3 The Company shall:
(a) process Subscriber Data only on the instructions of the Subscriber, as given by these Terms and by the Subscriber's use of the features of the Services;
(b) not sell, rent or disclose Subscriber Data to any third party, and not use it for advertising, marketing, profiling or the training of any artificial intelligence or machine-learning model;
(c) implement reasonable security safeguards to protect Subscriber Data, including encryption in transit, logical separation of each Subscriber's data, role-based access, activity logs and the exclusion of health information from system logs;
(d) ensure that every person authorised by it to process Subscriber Data is bound by an obligation of confidentiality;
(e) access Subscriber Data for support only at the request of the Subscriber, or where necessary for security, the prevention of misuse or compliance with Applicable Law;
(f) notify the Subscriber without undue delay, and in any event within twenty-four (24) hours of becoming aware, of any personal data breach affecting Subscriber Data, with the information then reasonably available, so as to enable the Subscriber to meet its obligations under the DPDP Act, and report cyber security incidents to the Indian Computer Emergency Response Team (CERT-In) within six (6) hours of noticing them, as required by its directions dated 28 April 2022;
(g) assist the Subscriber, through the features of the Services, to respond to requests of Data Principals for access, correction and erasure;
(h) engage a sub-processor only under written terms that are no less protective of Subscriber Data than this Clause 8, the current sub-processors being listed in the Privacy Policy; and
(i) delete Subscriber Data in accordance with Clause 7.4.
8.4 The Subscriber shall:
(a) give every patient the notice, and obtain the consent, required by the DPDP Act before or at the time of collecting his or her personal data, including the verifiable consent of a parent or lawful guardian in the case of a child or a person with disability;
(b) ensure that it has a lawful basis for all Subscriber Data and for every message sent to a patient using the Services;
(c) respond to the requests and grievances of Data Principals relating to Subscriber Data; and
(d) not enter into the Services any data that it is not lawfully entitled to process.
8.5 Subscriber Data is stored on servers located in India. The Company shall not transfer Subscriber Data outside India except as permitted by Applicable Law.
8.6 The Company may prepare statistics about the use of the Services (such as the number of Accounts and sign-ins) that do not contain the content of Subscriber Data and do not identify any individual, and may use them only to operate and improve the Services.
9.1 The Services do not provide medical advice. Every diagnosis, prescription, dose, therapy, Panchakarma procedure, dietary advice (pathya and apathya) and other clinical decision is made solely by the Subscriber's practitioners in the exercise of their professional judgment.
9.2 The medicine lists, dosage forms, default doses, therapy lists, examination options and prescription sets provided with or created in the Services are aids to data entry only. The Subscriber shall verify every entry before it is issued to a patient.
9.3 The Subscriber shall ensure that prescriptions are issued only by practitioners duly registered under the National Commission for Indian System of Medicine Act, 2020 or other Applicable Law, and shall comply with all laws applicable to its clinic, including the laws on clinical establishments, the sale and storage of medicines under the Drugs and Cosmetics Act, 1940, the maintenance of medical records, taxation, and advertising by medical practitioners.
9.4 The Subscriber is responsible for the accuracy of its clinic profile, registration numbers, GSTIN, fees, prices and tax rates, and for the correctness of every bill, invoice and record issued using the Services.
9.5 Messages to patients through WhatsApp or any other application are sent from the device and account of the Subscriber or its User. The Subscriber is responsible for the content of such messages and for having the consent of their recipients.
10.1 The Subscriber shall not, and shall ensure that its Users do not:
(a) access, or attempt to access, the data of any other subscriber or any part of the Services not made available to it;
(b) probe, scan or test the vulnerability of the Services, or breach or circumvent any security or authentication measure, without the prior written consent of the Company;
(c) introduce any virus or other harmful code, or interfere with or disrupt the Services;
(d) access the Services by any automated means, other than features provided by the Company for that purpose;
(e) copy, modify, reverse engineer, decompile or create derivative works of the Services, except to the extent permitted by Applicable Law;
(f) resell, sublicense, rent or otherwise make the Services available to any third party, or use them to build a competing product;
(g) use the Services to send unsolicited commercial communications, or to store or transmit any content that is unlawful, defamatory, obscene or infringes the rights of any person; or
(h) use the Services in contravention of Applicable Law.
11.1 The Services, including the software, design, text, starter lists and the names and marks "PrakharOne" and "PRAKHAR HIMS", and all intellectual property rights in them, belong to the Company or its licensors. Save for the limited right granted in Clause 3.1, no right, title or licence is granted to the Subscriber.
11.2 Medicines, therapies, prescription sets and other content added by the Subscriber form part of Subscriber Data.
11.3 The Company may use, without restriction or payment, any suggestion or feedback about the Services given by the Subscriber or a User, provided that it contains no Subscriber Data.
12.1 Each party shall keep confidential all non-public information of the other party received in connection with these Terms, and shall use it only for the purposes of these Terms. Subscriber Data is confidential information of the Subscriber.
12.2 Clause 12.1 does not apply to information that: (a) is or becomes public otherwise than by breach of these Terms; (b) was lawfully known to the receiving party before disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by Applicable Law or by order of a competent authority, provided that, where lawful, the other party is given prior notice of such disclosure.
13.1 The Services rely on third-party providers, including providers of hosting and e-mail delivery. The Company remains responsible for its sub-processors in accordance with Clause 8.3(h).
13.2 Features that open or connect to third-party applications or services, including WhatsApp, UPI payment applications, web browsers and printers, are subject to the terms of those third parties. The Company is not responsible for their availability, operation or charges.
14.1 The Company shall use reasonable efforts to keep the Services available and to correct errors promptly. Subject to that, the Services are provided on an "as is" and "as available" basis and, to the maximum extent permitted by Applicable Law, the Company disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, uninterrupted or error-free operation, and the accuracy of any starter content.
14.2 The Services may be unavailable from time to time owing to maintenance, Updates, failure of the internet, hosting or other third-party services, or events beyond the reasonable control of the Company. No level of availability is guaranteed unless agreed in writing.
15.1 To the maximum extent permitted by Applicable Law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, or for any loss of profit, revenue, business, goodwill or anticipated savings, however arising and even if advised of its possibility.
15.2 The Company shall not be liable for any clinical outcome, or for any loss arising from a diagnosis, prescription, therapy or other clinical decision of the Subscriber or its practitioners, or for any loss of Subscriber Data that could have been avoided had the Subscriber exported and kept copies of it in accordance with Clause 7.7.
15.3 The total aggregate liability of the Company arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence) or otherwise, shall not exceed the Fees actually paid by the Subscriber to the Company in the twelve (12) months immediately preceding the event giving rise to the claim. Where no Fees have been paid, the Company shall have no liability, save as provided in Clause 15.4.
15.4 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law, including liability for fraud.
16.1 The Subscriber shall indemnify and hold harmless the Company, its proprietor, employees and agents against all claims, demands, penalties, losses and reasonable costs (including legal fees) arising out of: (a) any diagnosis, treatment, advice or other clinical act of the Subscriber or its practitioners; (b) any failure of the Subscriber to give notice to, or obtain consent from, patients, or any other breach of Clause 8.4 or Clause 9; (c) any breach of Clause 10; or (d) any Subscriber Data, or any message sent by the Subscriber or its Users.
16.2 The Company shall notify the Subscriber promptly of any claim under Clause 16.1 and shall permit the Subscriber to participate in its defence at the Subscriber's own cost.
17.1 The Company may amend these Terms or the Privacy Policy from time to time. Each version shall bear a version number and the date from which it takes effect, and shall be published at https://clinic.prakharveda.com/terms.
17.2 The Company shall give notice of every amendment by e-mail sent to the registered e-mail address of each Owner, setting out a summary of the changes and the date on which the amended Terms take effect (the "Effective Date"). The Effective Date shall be not less than fifteen (15) days after the date of the e-mail, save where an earlier date is necessary to comply with Applicable Law or an order of a competent authority.
17.3 The Subscriber's continued access to or use of the Services on or after the Effective Date, or the renewal of any Subscription Term on or after the Effective Date, shall constitute the Subscriber's acceptance of the amended Terms, and no separate act of acceptance shall be required.
17.4 If the Subscriber does not agree to the amended Terms, its sole and exclusive remedy shall be to discontinue use of the Services and not to renew its Subscription Term. The Subscriber may export Subscriber Data and close the Account at any time in accordance with Clause 7.
17.5 The Owner shall keep the registered e-mail address current. A notice under this Clause 17 shall be deemed received when sent to the registered e-mail address, unless the Company receives a notice of non-delivery.
18.1 Neither party shall be liable for any delay or failure in performance, other than an obligation to pay, caused by events beyond its reasonable control, including acts of God, flood, fire, epidemic, war, civil disturbance, acts of government, failure of the internet or of power or telecommunication networks, failure of hosting or other third-party providers, and cyber attacks that could not have been prevented by reasonable security safeguards. The affected party shall notify the other party and use reasonable efforts to resume performance.
19.1 The Company may give notices to the Subscriber by e-mail to the Owner's registered e-mail address or by a notice displayed within the Services.
19.2 The Subscriber shall give notices to the Company by e-mail to sales@appsites.in or by post to the address stated in Clause 1.1.
20.1 These Terms are governed by and construed in accordance with the laws of India.
20.2 Subject to Applicable Law, the courts at Jaipur, Rajasthan shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms or the Services.
21.1 In accordance with the Information Technology Act, 2000, the DPDP Act and the rules made thereunder, the details of the Grievance Officer are:
Mr. Pawan Kumar Gupta, Proprietor, Appsites Infotech · E-mail: sales@appsites.in · Phone: +91 86195 62437 · Address: as stated in Clause 1.1.
21.2 The Grievance Officer shall acknowledge a grievance within seven (7) working days of its receipt and shall endeavour to resolve it within fifteen (15) working days of its receipt.
22.1 Entire agreement. These Terms, the Privacy Policy and the description of the Subscriber's Plan on the Pricing Page constitute the entire agreement between the parties on their subject matter and supersede all prior understandings.
22.2 Order of precedence. In the event of any conflict, these Terms prevail over the Pricing Page, and a written agreement signed by both parties prevails over these Terms.
22.3 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
22.4 Waiver. No failure or delay in exercising any right under these Terms shall operate as a waiver of that right.
22.5 Assignment. The Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms to a successor to all or a substantial part of its business, on notice to the Owner.
22.6 Relationship. The parties are independent contractors. Nothing in these Terms creates any partnership, agency, joint venture or employment relationship.
22.7 Electronic communications. The Subscriber consents to receive communications from the Company in electronic form, and agrees that such communications satisfy any legal requirement that they be in writing.
22.8 Language. These Terms are written in English. Any translation is provided for convenience only and, in the event of inconsistency, the English version shall prevail.
Appsites Infotech, Jaipur · sales@appsites.in