Terms & Conditions of PhysioCare PMS

PhysioCare PMS is a software platform owned and operated by DND SOFTWARE PRIVATE LIMITED ("Company", "we", "us", "our"), having its registered office at 203, The Ikon, Sadhu Vaswani road, Rajkot - 360005, Gujarat, India

These Terms & Conditions ("Agreement") govern access to and use of the PhysioCare PMS website, the Clinic/Practitioner Portal, the Patient Portal, and the mobile application (together, the "Platform" or "Services"), together with our Privacy Policy, which is incorporated into this Agreement by reference.

BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM. We may modify this Agreement at any time; continued use of the Platform after such modification constitutes your acceptance of the modified Agreement. You are encouraged to review this page periodically.

This Agreement is structured in three parts: Part A applies to all Users; Part B applies specifically to Clinics and Practitioners; and Part C applies specifically to Patients and the Patient Portal. Where there is any conflict for a specific category of User between Part A and Part B or Part C, the more specific Part B or Part C provision governs.

1. DEFINITIONS

PART A — GENERAL TERMS (APPLICABLE TO ALL USERS)

2. WHAT PHYSIOCARE PMS IS — AND IS NOT

  1. PhysioCare PMS is a cloud-based practice management software platform. We are a software company. We are not a hospital, clinic, healthcare provider, doctor, physiotherapist, or medical practitioner, and we do not practice medicine or provide medical, clinical, or therapeutic advice of any kind.
  2. We provide technology infrastructure to help Clinics and Practitioners manage patient records, appointments, billing, communications, and related administrative functions. Any clinical notes, diagnoses, treatment plans, or advice appearing on the Platform are authored solely by the relevant Clinic or Practitioner, and we have no role in their creation, accuracy, or clinical appropriateness.
  3. Clinics and Practitioners remain solely and exclusively responsible for: patient care, diagnosis, and treatment decisions; obtaining all legally required patient consents; maintaining medical records in accordance with applicable healthcare laws; and complying with all healthcare, professional licensing, and data protection laws applicable to their practice.
  4. We do not verify, vet, or certify the professional qualifications, registrations, or licenses of any Practitioner. Any representation appearing on the Platform regarding a Practitioner's qualifications is provided by that Practitioner alone, and reliance on it is at the User's own risk.

3. ACCOUNT REGISTRATION AND SECURITY

  1. Users must create an account to access the Platform. You agree to provide accurate, current, and complete information during registration and to keep it updated.
  2. You are responsible for maintaining the confidentiality of your login credentials, including any OTP sent to your registered mobile number or email for authentication. All activities performed under your account are your responsibility, whether or not authorized by you.
  3. You agree not to share login credentials with, or permit access by, anyone not authorized to hold that specific account. Clinic administrators are responsible for creating, managing, and revoking Staff User accounts and assigning role-based permissions appropriate to each Staff User's function.
  4. You must notify us promptly at info@physiocarepms.com if you become aware of any unauthorized access to or use of your account.
  5. You may not create an account using another person's identity, or using a name that is obscene, vulgar, or infringes any third party's trademark or other rights, including ours.

4. SUBSCRIPTION AND LICENSING

  1. A Subscription is purchased by, and licensed exclusively to, the purchasing Clinic and its owned branches. The Subscription is personal to the purchasing Clinic and is non-transferable.
  2. Resale, sublicensing, renting, or providing access to the Platform to any unrelated third-party clinic, centre, or individual without our prior written authorization is strictly prohibited and constitutes a material breach of this Agreement.
  3. Subscriptions are billed on a monthly or annual cycle, as selected at the time of purchase, and are payable in advance. Subscription fees, once paid, are non-refundable except where required by law or expressly stated otherwise in writing.
  4. If payment is not received by the due date, we may, after a reasonable grace period, suspend access to the Platform until outstanding amounts are paid. We are not responsible for any loss or inconvenience arising from such suspension.
  5. We grant each authorized User a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose and strictly in accordance with this Agreement.

5. DATA OWNERSHIP

  1. As between the Company and a Clinic, the Clinic owns and is the controller of all Patient and practice Data entered into the Platform by or on behalf of that Clinic. As between the Company and a Patient, the Patient owns their own personal information, subject to the Clinic's role as controller of records maintained in the course of treatment.
  2. The Company does not claim ownership of any patient medical records, clinical notes, or other Data entered onto the Platform. We act solely as a technology service provider and data processor, processing Data only on behalf of, and at the instruction of, the relevant Clinic, and strictly for the purposes described in this Agreement and our Privacy Policy.
  3. We may process Data only to: (a) provide and maintain Platform functionality; (b) deliver technical support; (c) carry out system maintenance, security, and improvement; and (d) comply with applicable legal requirements.

6. MESSAGING AND COMMUNICATIONS (INCLUDING META PLATFORMS)

  1. The Platform allows Users to manage contact information and to send messages such as appointment reminders, confirmations, and notifications via SMS and WhatsApp.
  2. Contact data is used only when explicitly entered or selected by a User; we do not access device contacts in the background.
  3. For WhatsApp, Instagram, or Facebook messaging functionality, we use Meta Platforms, Inc. and its affiliates as a technical service provider to enable message delivery. For SMS, we use third-party SMS gateway providers. These providers operate under their own applicable terms, which Users should review.
  4. DND Software Private Limited provides WhatsApp Business Platform integration through its product, PhysioCare PMS, as a Meta Technology Provider. The Platform enables Clinics to connect and use their own WhatsApp Business Account. Meta Platforms, Inc. operates the WhatsApp Business Platform and applies its own terms, policies, pricing, messaging limits, and compliance requirements.
  5. PhysioCare PMS does not provide a WhatsApp chat inbox and does not permit WhatsApp conversations to be viewed or managed within the Platform by Clinics, Practitioners, or Company personnel.
  6. PhysioCare PMS does not store or retain the content of incoming or outgoing WhatsApp messages or media attachments exchanged between a Clinic and its recipients.
  7. For WhatsApp messages initiated through the PhysioCare PMS portal, PhysioCare PMS processes only operational messaging metadata required for service functionality, including message identifiers, delivery status (Sent, Delivered, Read, Failed), timestamps, and error information returned by Meta. Such information is used solely for message delivery monitoring, troubleshooting, audit, and customer support.
  8. Operational messaging metadata is accessible only to authorized personnel on a need-to-know basis for customer support, maintenance, security, and troubleshooting.
  9. The Clinic retains responsibility for all messages sent using its WhatsApp Business Account, including message content, recipient selection, legal compliance, and obtaining all required consents from Patients or other recipients.
  10. Messages are always initiated by a User or by automated workflows that a Clinic has configured. Clinics and Practitioners are solely responsible for obtaining proper consent from Patients or other recipients before sending any message through the Platform, including compliance with telecom commercial-communication regulations and any consent required for health-related messaging.
  11. We do not use contact or Patient Data for advertising, and we do not send marketing communications to Patients. We may, with a Clinic's consent, send the Clinic itself product-related communications, which the Clinic may opt out of at any time.

Use of WhatsApp Business Platform functionality through PhysioCare PMS is also subject to our WhatsApp API Information & Terms , which forms part of these Terms to the extent applicable to WhatsApp integration.

7. SECURITY

  1. We implement reasonable technical and organizational security measures appropriate to the data we process, including: secure HTTPS connections; passwords that are never stored in plain text; session-based authentication; OTP-based verification for login; and fully role-based access permissions (e.g., admin, practitioner, and staff tiers) configured by each Clinic.
  2. We maintain logging of certain Platform activity for security and operational purposes. Our logging capability is being progressively expanded; Users should not assume that every action taken on the Platform is comprehensively logged at this time.
  3. No system is completely secure. While we continually work to improve our security practices, we do not guarantee that the Platform is immune from unauthorized access, security incidents, or data loss. Users are responsible for securing their own devices, networks, and login credentials, and we are not liable for losses arising from a User's failure to do so.

8. THIRD-PARTY SERVICES

The Platform integrates with the following categories of third-party services, each operating under its own terms and privacy policies:

We are not responsible for the acts, omissions, content, or privacy practices of these third-party providers beyond the scope of our agreements with them.

9. ACCEPTABLE USE

You agree not to, and not to permit any third party to:

Violation of this Section is grounds for immediate suspension or termination under Section 13.

10. INTELLECTUAL PROPERTY

All software, design, branding, trademarks, and content comprising the Platform are owned by the Company or its licensors. Except for the limited license granted under Section 4(v), nothing in this Agreement transfers any intellectual property right to any User. Users may not copy, modify, distribute, or create derivative works of the Platform or its content without our prior written consent.

11. AVAILABILITY, BACKUPS, AND DATA EXPORT

  1. The Platform is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted, error-free, or continuous availability of the Platform, and interruptions may occur due to maintenance, technical issues, or circumstances beyond our reasonable control.
  2. We maintain routine system backups for disaster-recovery purposes, retained for up to 90 days, as further described in our Privacy Policy. Backups are intended for service-continuity purposes only and are not a substitute for a Clinic's own independent record-keeping obligations.
  3. Clinics are responsible for maintaining their own backups of Data as needed to comply with their record-keeping obligations under applicable law. Clinics may self-serve export their Patient and account data from within the Portal at any time while their account is active.
  4. We do not guarantee that data can be recovered or restored beyond the backup retention period described above, and our ability to assist with data recovery following deletion or account termination is limited accordingly.

12. FORCE MAJEURE

We shall not be liable for any failure or delay in performance under this Agreement caused by circumstances beyond our reasonable control, including internet or telecommunications failures, cloud infrastructure or hosting provider outages, cyberattacks or other security incidents, government action or restriction, natural disasters, war, civil unrest, or pandemics, or the failure of any third-party service provider described in Section 8.

13. SUSPENSION AND TERMINATION

  1. We may suspend or terminate a User's access to the Platform, with or without notice, where:
    • the User breaches this Agreement, including the Acceptable Use Policy in Section 9;
    • fraudulent, illegal, or abusive activity is suspected;
    • a third party reports a violation of its rights arising from the User's use of the Platform;
    • Subscription fees remain unpaid after the applicable grace period;
    • required by law, regulation, or a competent governmental or regulatory authority; or
    • we reasonably believe a risk to Platform security or to other Users exists.
  2. Upon termination, access to the Platform and to Data stored on it will cease, subject to the retention and export provisions of Sections 9 (Data Retention) of our Privacy Policy and Section 11 of this Agreement. Clinics are responsible for exporting any Data they wish to retain prior to termination. We will make reasonable efforts, where feasible, to assist with a final data export, but we do not guarantee data recovery after an account is closed or its data purged in accordance with our retention schedule.

14. DISCLAIMER OF WARRANTIES

The Platform is provided without warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranty arising from course of performance or usage of trade, all of which are expressly disclaimed. We do not warrant that: (a) the Platform will be secure or available at any particular time; (b) defects or errors will be corrected; (c) the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements. Use of the Platform is at your own risk.

15. LIMITATION OF LIABILITY

  1. To the maximum extent permitted by law, the Company and its directors, officers, employees, agents, and service providers (collectively, "Protected Entities") shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits or business interruption, arising from or related to use of, or inability to use, the Platform, even if advised of the possibility of such damages.
  2. any suspension, restriction, rejection, delay, delivery failure, pricing change, template rejection, quality rating, or other action taken by Meta in relation to a Clinic's WhatsApp Business Account.
  3. In no event shall the Protected Entities be liable for:
    • any clinical, medical, or treatment decision, or any provision of or failure to provide healthcare services by any Clinic or Practitioner;
    • any content posted, transmitted, or exchanged by or between Users through the Platform;
    • any unauthorized access to or alteration of a User's transmissions or Data, including losses arising from network failures, cyber incidents, or compromised User credentials or devices; or
    • any other matter relating to the Platform or the Services.
  4. The total aggregate liability of the Protected Entities to any User, for all claims arising from or related to this Agreement or use of the Platform, whether in contract, tort (including negligence), or otherwise, shall not exceed the lesser of: (a) the amount paid by that User during the last Subscription cycle, or (b) INR 1,000 (Rupees One Thousand only).

16. INDEMNITY

You agree to indemnify, defend, and hold harmless the Company and the Protected Entities from and against any and all claims, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or resulting from: (a) your breach of this Agreement; (b) your violation of any applicable law; (c) any claim by a Patient or third party arising from your failure to obtain required consent; (d) any regulatory violation or professional misconduct attributable to you; (e) any misuse of Data by you; or (f) any claim that your use of the Platform infringes the intellectual property or other rights of a third party.

17. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of India. Any dispute, claim, or controversy arising out of or relating to this Agreement, or to the scope or applicability of this arbitration clause, shall be resolved by arbitration conducted by a sole arbitrator appointed by the Company. The seat and venue of arbitration shall be Rajkot, Gujarat, India, and the arbitration shall be conducted in English. The arbitral award shall be final and binding on the parties. Subject to this clause, the courts at Rajkot, Gujarat shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement.

18. MISCELLANEOUS

  1. Severability. If any provision of this Agreement is held unenforceable by a court or arbitral tribunal of competent jurisdiction, that provision shall be excluded, and the remainder of this Agreement shall continue in full force and effect, interpreted to give effect to the original intent of the excluded provision to the greatest extent permitted by law.
  2. Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the Company. No waiver of a breach shall constitute a waiver of any other or subsequent breach.
  3. Assignment. You may not assign or transfer this Agreement or any rights under it without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.
  4. Entire Agreement. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Company regarding the Platform, superseding all prior agreements or communications on the subject.
  5. Survival. Provisions relating to Data ownership, intellectual property, indemnity, limitation of liability, and dispute resolution shall survive termination of this Agreement.
  6. Notices. We may provide notices to you via email, in-Platform notification, or by posting on the Platform. Notices to us should be sent to info@physiocarepms.com.

PART B — TERMS APPLICABLE TO CLINICS AND PRACTITIONERS

19. PRACTITIONER REPRESENTATIONS AND OBLIGATIONS

  1. Each Practitioner represents and warrants that they are qualified, and hold all licenses, registrations, and permissions required by applicable law, to provide the healthcare services they offer, and have not committed any act or omission that would prejudice the continuance or renewal of any such license or registration.
  2. The Company does not verify or vet any Practitioner's professional qualifications, registration, or license. This representation is made solely by the Practitioner, and any User relying on a Practitioner's listed qualifications does so entirely at their own risk.
  3. Each Practitioner and Clinic confirms that all information they provide to us or enter onto the Platform is true, accurate, complete, and current to the best of their knowledge, and acknowledges that they may be held liable for any information found to be false, misleading, or misrepresentative.
  4. Practitioners and Clinics are solely responsible for: obtaining all patient consents required by law before storing, processing, or sharing Patient Data on the Platform; using Patient Data only for legitimate medical and treatment purposes; maintaining patient confidentiality at all times; and complying with all applicable healthcare, professional, and data protection laws.
  5. Practitioners shall not disclose any Patient information or documentation to any unauthorized person, nor permit such information to be acquired by any unauthorized person, whether by act or omission.
  6. Where the Platform provides any automated suggestion, reminder, or recommendation, such output is recommendatory only. Practitioners are free to override any such suggestion as they consider appropriate for patient safety and welfare, and remain solely responsible for all clinical decisions.
  7. Clinic administrators are responsible for configuring and maintaining role-based permissions for their Staff Users, and for ensuring that Staff Users access only the Data necessary for their function.

20. CLINIC AND STAFF ACCOUNTS

A Clinic's onboarding creates an administrator account, from which the Clinic may create further Staff User accounts with role-based permissions of the Clinic's choosing (e.g., front-desk, billing, or clinical roles). The Clinic is responsible for the conduct of all its Staff Users on the Platform and for promptly revoking access for Staff Users who leave the Clinic or no longer require access.

PART C — TERMS APPLICABLE TO PATIENTS AND THE PATIENT PORTAL

21. PATIENT PORTAL TERMS

  1. Where enabled by a Clinic, Patients may register for the Patient Portal themselves or be added by the Clinic, depending on the Clinic's configuration.
  2. Patients are responsible for the accuracy of the information they provide and for maintaining the confidentiality of their own login credentials, including OTPs sent to their registered mobile number or email.
  3. Patients may view their appointments and, where the Clinic has enabled this functionality, book or manage appointments and receive WhatsApp, SMS, or other notifications. Patients cannot book or manage appointments through the Patient Portal unless the Clinic has enabled that functionality.
  4. The scope of records and information visible to a Patient on the Patient Portal is determined by the Clinic, not by the Company. Questions about clinical content visible (or not visible) on the Patient Portal should be directed to the Patient's Clinic.
  5. By accessing the Patient Portal, the Patient consents to the Clinic storing their personal information, including contact information, health records, demographic information, and medical history, and to the Company processing that information solely as a technology service provider, in accordance with our Privacy Policy.
  6. Patients agree not to misuse the Patient Portal, including by attempting to access another Patient's records, sharing their login credentials, or using the Patient Portal for any unlawful purpose.
  7. There are currently no paid patient-facing services offered directly through the Patient Portal; any billing relationship for treatment exists solely between the Patient and their Clinic.

22. CONTACT INFORMATION AND GRIEVANCE OFFICER

For support or general queries, contact:
Email: info@physiocarepms.com

In accordance with the Information Technology Act, 2000 and rules made thereunder, grievances regarding the Platform, the Services, or processing of information may be addressed to our Grievance Officer:
Name: Jaydeepbhai Devda, Co-Founder
Phone: +91 81400-05811
Email: info@physiocarepms.com

Last updated: July 22, 2026