eCI Terms of Use

Terms of Use - eClinical India

Updated on May 26, 2025

1. Introduction

These Terms of Use ("Terms") govern your access and use of the Services (defined below) that eClinicalWorks India, Pvt. Ltd., and its affiliates ("eCI", "we", or "us") provides to our customers (health care providers or their firms, "Providers") or on behalf of our customers to their patients. "Services" means eCI's products and services, such as our websites ("Sites"), cloud-electronic health records systems, including associated systems such as practice management systems, mobile applications, and other related products at which these Terms are posted.

Our Services may interact with one another and may further interact with other products and services owned and operated by eCI or its affiliates, including Healow (the "Affiliated Services"), and other services operated by unaffiliated third parties ("Third Party Services").

To be clear, and as discussed in Section 6, eCI does not provide any healthcare services. When using certain Services, you may be presented with a Service-specific terms of use agreement ("Service Specific Terms"). To the extent these Terms conflict with the Service Specific Terms, the Service Specific Terms shall control. If you are a Provider or are accessing the Services on behalf of a Provider, you or the Provider may have signed a service agreement, business associate agreement, or other document with terms and conditions for the Services ("Customer Documents"). Where these Terms and the Customer Documents conflict, the Customer Documents shall control.

Data Protection and Privacy

We are committed to protecting your personal data in compliance with applicable data protection laws. By accessing or using our Services, you acknowledge that you have read and understood our Privacy Policy, which details how we collect, use, and protect your personal data. You further acknowledge and provide free, specific, informed, unconditional and unambiguous consent to the collection, processing, and storage of your personal data as described in our Privacy Policy. Please note:

Personal Data Collection: eCI commits to collecting only that personal data which is necessary for the purposes stated in this agreement. We may collect personal data that you provide directly or that is generated through your use of the Services. This may include your name, contact information, health information, and any other personal data you choose to share.
Purpose of Data Processing: Your personal data will be processed for the purpose of providing the Services, improving our offerings, and ensuring compliance with legal obligations. We will not use your personal data for purposes other than those specified without your consent. We will process your personal data only for the purposes for which it was collected, and we will ensure that your data is accurate, complete, and consistent.
Processing personal data of minors: Any personal data of minors (below 18 years of age), if required to be processed for the purposes of providing the Services, will be processed in accordance with applicable laws, including data protection laws.
Data Security: eCI employs appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, or destruction. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee absolute security. In the event of a data breach that affects your personal data, eCI will notify you and any relevant authorities in accordance with applicable data protection laws.
Cross-Border Data Transfer: If your personal data is transferred outside India, eCI will ensure that such transfers are made in compliance with applicable data protection laws, and ensure that the recipient country provides adequate protection for your personal data.
Data Retention: We will retain your personal data only for as long as is necessary for the purposes set out in this notice, or as required by law.
User Rights: You have the right to, request access to your data, correct, complete, request erasure or update your personal data, etc. You may exercise these rights by contacting us through the contact information provided in our Privacy Policy.
Withdrawal of Consent: You have the right to withdraw your consent at any time, and we will inform you of any implications of such withdrawal. Any consequences of withdrawal of consent will be borne by you. On withdrawal of consent, eCI will erase your personal data and stop processing your personal data within a reasonable time period, unless such processing is required or authorised under applicable data protection laws, or any other applicable laws. Further, withdrawal of consent will not affect the legality of processing of any personal data done before consent was withdrawn.
Third-Party Sharing: Your personal data may be shared with third parties only as necessary to provide the Services, comply with legal obligations, or with your explicit consent. We will ensure that any third parties with whom we share your personal data are compliant with applicable data protection laws and have appropriate measures in place to protect your data.

eCI reserves the right, at its sole discretion, to make changes to portions or all of these Terms and the Privacy Policy at any time. You are encouraged to stay informed about any changes to these practices by reviewing updates to these Terms and any relevant privacy notices provided by eCI.

If you have any questions or concerns regarding our data protection practices, please contact us at privacy.

In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall prevail.

2. General Terms and Conditions

BY DOWNLOADING, REGISTERING FOR ACCESS, ACCESSING, OR USING ANY OF THE SERVICES AT WHICH THESE TERMS ARE POSTED, OR BY AFFIRMING ACCEPTANCE OF THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES OR ANY PART THEREOF.

Important Sections:

NOTE SECTION 13.1 CONTAINS INFORMATION ABOUT A DISCLAIMER; SECTION 13.2 CONTAINS INFORMATION ABOUT LIABILITY LIMITS; SECTION 17 INCLUDES CHOICE OF LAW; SECTION 16 CONTAINS INFORMATION ABOUT HOW THESE TERMS CAN BE AMENDED; SECTION 18 CONTAINS INFORMATION ABOUT AGREEMENT TO ARBITRATION; SECTION 19 CONTAINS INFORMATION ABOUT A WAIVER OF CLASS ACTION; AND SECTION 21.6 CONTAINS INFORMATION ABOUT A TIME LIMIT ON THE FILING OF CLAIMS.

These Terms are a legally binding agreement made by and between eCI and you, whether you are using or accessing the Services for yourself, on behalf of a minor or a person to whom you are a caregiver, or on behalf of a Provider. These Terms govern your access and use of the Services, and you should read them carefully.

These Terms shall remain in effect until you cease using the Services and delete all applications related to the Services or otherwise terminate in accordance with Section 16 below. eCI reserves the right, at its sole discretion, to make changes to portions or all of these Terms and the Privacy Policy at any time.
You are responsible for checking these Terms and the Privacy Policy periodically for changes. Your continued use of the Services means that you agree to any new or modified provisions of these Terms or the Privacy Policy accessible through the Services.

If you are a Provider customer of eCI, please refer to your Customer Documents with eCI for the grant of rights to the Services. Otherwise, eCI grants you a personal, limited, revocable, non-exclusive, non-transferable right to access and use the Services and Content for your personal and non-commercial use only. eCI reserves all rights that it does not expressly grant to you under these Terms.

3. Content and Intellectual Property Information

Any third-party trademarks that may appear on or in connection with the Services are the property of their respective owner(s).

The proprietary contents of the Services include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, eCI Marks, music, photographs, text, video, and any other files displayed, used, and/or available on or through the Services (the "Content"), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Content is owned, controlled, or licensed by or to eCI, and is protected by copyright, trade dress, trademark, and other intellectual property rights and unfair competition laws. eCI reserves all rights, title, and interests in the Content and the Services.

Except as expressly provided in these Terms or by eCI's express written consent, you shall not copy, modify, reformat, lease, loan, sell, distribute, encode, post, publicly display, publish, republish, reproduce, derive creative works from, translate, upload, or otherwise exploit in any manner any part of the Services and Content.

User-Generated Content:

If you submit any content to the Services, including but not limited to feedback, comments, or suggestions ("User Content"), you grant eCI a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and distribute such User Content in any media. You represent and warrant that you have the right to grant this license and that your User Content does not infringe any third-party rights.

You will not include any personal data pertaining to any third party in your User Content, without obtaining their explicit consent. You will not include any personal data pertaining to a minor (below 18 years of age) in your User Content, without obtaining verifiable consent of the parent or legal guardian of the minor.eCI will handle all personal data submitted as part of User Content in accordance with its Privacy Policy.

eCI reserves the right, but is not obligated, to remove any User Content which it determines at its own discretion, infringes the rights of any third-party.

4. Reports of Infringement

If you believe that any content on our Services infringes on any copyright which you own or control, or that any link on our Services directs users to another service, such as another website, that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below. Notifications should include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit this notification to privacy

If you are a patient, please contact your applicable healthcare provider or ECI(privacy). Any such technical support requests sent to the above designee may not be responded to or even received by ECI.

5. Access and Use of the Services

Subject to Section 20 addressing Force Majeure, eCI employs reasonable measures to provide access to the Services 24 hours a day, 7 days a week, and to conduct necessary repair or maintenance operations required for the smooth operation of the Services. eCI disclaims any liability for any failure or deficiency in the performance of the Services for any reason, including maintenance, breakdown, or any event beyond eCI's reasonable control as outlined in Section 20 addressing Force Majeure.

You acknowledge that data conversion and transmission in the Services may be subject to human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, which may result in loss or damage. eCI disclaims any liability for such errors, omissions, delays, or losses.

You further acknowledge and agree that accessing, using, or downloading the Services via the Internet and/or mobile devices is inherently insecure. Information transmitted and received through such means may be subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. eCI disclaims any liability for any adverse consequences arising from your access, use, or download of the Services through such connections, including any violation of applicable laws or infringement of the intellectual property rights of others.

To access, use, or download the Services, you may be required to provide eCI with certain personal information about yourself (or the person or entity on whose behalf you are accessing, using, or downloading the Services). This information may include, but is not limited to, your name, email address, and telephone number.

By submitting such information to eCI, you represent and warrant that all information provided is true, accurate, and complete. You authorize eCI to use any reasonable method to verify the truth and accuracy of the information you provide, to the extent necessary to protect its rights or the rights of other users of the Services. If you fail to provide truthful and accurate information, eCI reserves the right to terminate your access to the Services.

You are entitled to withdraw your consent to the processing of your personal data at any time. However, any consequences of withdrawal of consent will be borne by you. On withdrawal of consent, eCI will erase your personal data and stop processing your personal data within a reasonable time period, unless such processing is required or authorised under applicable data protection laws, or any other applicable laws. Please note withdrawal of consent will not affect the legality of processing of any personal data done before consent was withdrawn.

5.1. Account Management

Certain functionalities of the Services (e.g., the Portals) require you to create a user account associated with a username, password, and/or PIN ("Account Credentials") to securely access these functionalities. Other functionalities of the Services that may be accessed without Account Credentials may not have the same level of security and protections as those accessed using Account Credentials.

If you are a registered account holder, you may be permitted to link certain Services with Affiliate Services and Third-Party Services using your Account Credentials. For example, you may be allowed to link your Services user account with a Medicare user account.

You are solely responsible for maintaining the strict confidentiality of your Account Credentials. You agree to not share your Account Credentials with any other person or permit anyone else to access, use, or download the Services using your Account Credentials. You will be solely responsible for any damages or losses incurred by eCI as a result of your failure to maintain the confidentiality of your Account Credentials.

In the event of any potential or actual security concerns, you shall immediately inform eCI in writing of the need to deactivate your account.

eCI disclaims any liability for harm related to the misappropriation of your Account Credentials, your intentional or negligent disclosure of such Credentials to another person, or your unauthorized sharing of Account Credentials that may allow another person or entity to access, use, or download the Services without eCI's authorization.

You shall not register for more than one account for any Service, including each website and application that may be available. You shall not utilize alter egos or other disguised identities when accessing, using, or downloading the Services. We prohibit all forms of indirect and "spoofed" access.

You have the right to access, correct, complete, update, etc. your personal data associated with your account. Please refer to our Privacy Policy for more information on how we handle your personal data and your rights in relation to that data.

5.1.1. Proxy Accounts

Parents or legal guardians of a minor may request the registration of and access to an account on behalf of the minor. Such requests must be made in consultation with the minor's healthcare provider and require written consent provided to the healthcare provider by the parent or legal guardian.

The minor's healthcare provider will grant access at its discretion, taking into consideration the best interests of the minor and in compliance with applicable laws and regulations.

The personal data of the minor will be handled with the utmost care, ensuring that it is collected, processed, and stored in a manner that protects the minor's privacy, in accordance with applicable data protection laws. Parents or legal guardians have the right to access, correct, request deletion, etc. of their minor child's personal data.

5.2. Children and Minors

If you are under 12 years old, you may not access, use, or download the Services. If you are a child (between 12 and 17 years of age) using these Services, your healthcare provider is responsible for ensuring that a parent or legal guardian has provided written consent for your use of these Services, unless applicable laws allow the healthcare provider to offer care or services to you without such consent.

Your healthcare provider is responsible for obtaining any required written consent prior to your use of the Services. For questions related to consent, please contact your healthcare provider directly.

By accessing, using, or downloading any of the Services, you represent and warrant that you are 18 years old or older, or that your parent(s) or guardian(s) have consented in writing to your use of the Services.

Please note that there may be laws governing certain types of medical information that a parent or legal guardian of a child aged 12 to 17 may not view without the consent of the child or at the discretion of the healthcare provider. Therefore, the child's healthcare provider may not grant full access to the Services to parents or legal guardians of a child in this age category without the necessary consent, if applicable.

Any personal data relating to children will be handled with strict adherence to privacy and data protection principles. In accordance with applicable data protection laws, parents and legal guardians have the right to access, correct, and request deletion, etc. of their child's personal data.

5.3. Residency

To access, use, or download the Services, you must be a resident of India.

Please be aware that if you are providing personal data to access, use, or download the Services, such data will be processed in accordance with the applicable data protection laws in India. Your personal data will be handled with care, and you have the right to access, correct, request deletion, etc. of your personal data If you do not reside in India, you should not access, use, or download the Services.

6. Medical Disclaimers; No Provider/Patient Relationship; Provider Information

Your use of the Services and/or any information or Content transmitted through the Services does not create a healthcare provider/patient relationship between you and eCI or its affiliates. This applies whether you are using any of the Services (e.g., provider location services) or links to Affiliated Services that assist users in locating a medical professional. eCI does not guarantee that communications between patients and Providers will occur in real-time.

Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for professional judgment from a healthcare professional in diagnosing and treating patients. Neither the Content nor any Services are intended as substitutes for medical diagnosis or treatment. eCI does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses, or other information mentioned or transmitted through the Services, regardless of whether they are provided by healthcare providers, insurance providers, or similar professionals.

Your reliance on any information obtained through the Services is at your own risk. eCI disclaims any liability for the accuracy of any information or Content provided by you or other users of the Services, including your physician, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information you send or receive through the Services, including your patient health information, data, or records.

Emergency Situations: IF YOU HAVE AN EMERGENCY, DO NOT USE THE SERVICES TO CONTACT YOUR HEALTHCARE PROVIDER. INSTEAD, IMMEDIATELY CALL 108 FOR EMERGENCY CARE ASSISTANCE.

eCI disclaims any liability for decisions you make or actions taken in connection with the use of the Services in locating and/or starting a relationship with a medical professional. eCI has no control over and cannot guarantee the availability of any provider that is part of the Services at any given time. eCI will not be liable for cancelled or otherwise unfulfilled appointments or any injuries resulting therefrom, or for any other injury arising from the use of the Services.

You are encouraged to perform an independent investigation before selecting a healthcare professional, including making telephone calls to the appropriate licensing authorities to verify credentials and education. Further verification may involve confirming information with the Provider's office, your current Provider, the medical association relevant to the Provider's specialty, and your relevant medical board, along with consulting other appropriate sources.

eCI provides the Services as an informative and educational resource. While eCI may review Content posted on the Services, it is not obligated to do so, and does not guarantee the timeliness or accuracy of any Content. Neither the authors (whether users of the Services or not), eCI, nor any other party involved in the preparation or publication of any Content can assure you that such Content is accurate or complete in every respect. eCI disclaims liability for any errors or omissions or for the results obtained from the use of such Content.

The procedures, products, services, and devices discussed or advertised within the Services may not be applicable to all individuals, patients, or clinical situations. eCI makes no claims regarding the effectiveness of any such procedures, products, services, or devices. You acknowledge that products and/or services represented on the Services by advertisers, sponsors, and other participants do not imply appropriateness for any individual or guarantee effectiveness, outcome, or success. eCI disclaims any liability in connection with your use of such procedures, products, services, or devices

If you have any questions or concerns regarding this Medical Disclaimer please contact us at privacy

7. Compliance with Laws; Transmission of Data

Certain Services that eCI provides to our Provider customers or makes available to their patients involve access to, and the processing of, Medical Information as defined below, which is provided to us pursuant to the Customer Documents entered with our Provider customers.

In relation to the operation of the Services, and to the extent required by any applicable laws governing the collection, use, storage, and disclosure of information that can reasonably be used to identify an individual (collectively, the "Privacy Laws"), eCI will, comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any Protected Health Information, which is individually identifiable health information protected by law, transmitted or made available through the functionality of the Services or the Affiliated Services.

If you are a patient of a Provider, our use of MEDICAL INFORMATION is governed by applicable laws, including applicable data protection laws, as well as the Customer Documents with your Provider. You acknowledge and agree that these Terms may be amended from time to time as necessary to comply with the Privacy Laws.

Providers who collect, store, use, disclose, or retain biometric data in connection with their use of the Services shall be responsible for obtaining the required consents and satisfying any other requirements of applicable laws regarding the collection, storage, usage, disclosure, and retention of such information.

The requirements of this Section 7 will survive the termination of your use of the Services. When you use the Services to upload, transmit, or receive MEDICAL INFORMATION, you agree that, to the extent applicable, you shall comply with all applicable local, state, federal, or international laws, rules, or regulations, including, but not limited to, the Privacy Laws, any court order, or other orders or decisions in any governmental, administrative, or judicial proceeding (collectively "Applicable Laws").

You represent and warrant that you will, at all times, comply with all directly or indirectly Applicable Laws that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of MEDICAL INFORMATION.

You agree that eCI, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use MEDICAL INFORMATION, if applicable, in connection with the transmission of any MEDICAL INFORMATION, in compliance with Privacy Laws.

To the extent permissible under Applicable Laws, you hereby grant to eCI a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to you, your patient care, your Provider's procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the "Client Data"), in a de-identified format as defined under the Applicable Laws, for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that eCI shall comply with the Applicable Laws in connection with any such actions.

ECI DISCLAIMS ANY LIABILITY FOR YOUR USE OR MISUSE OF MEDICAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE SERVICES, WHETHER TO A PROVIDER LOCATED USING THE SERVICES OR OTHERWISE. ECI RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SERVICES) THAT, IN ECI'S SOLE DISCRETION, VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

8. Prohibited Conduct

You may only use the Services for lawful purposes in compliance with Applicable Laws, including applicable data protection laws. and related regulations. In your access, use, or download of the Services, you shall not:

Infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other rights of eCI or any third party.
Abuse, defame, harass, or stalk any individual or other user of the Services.
Interfere with, or attempt to interfere with, or damage, or attempt to damage, the Services or the proper functioning thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technologies.
Use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or any Content, or reproduce or circumvent the navigational structure or presentation of the Services or any Content to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services.
Misrepresent your identity, provide false information, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, to create or use a false identity, or attempt to use another user's account.
Attempt to obtain unauthorized access to any website, mobile application, or service through the Services.
Engage, directly or indirectly, in the transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation.
Collect, reverse look-up, trace, or seek to trace, manually or through automated means, information about other users of the Services without their express consent or any other information relating to the Services.
Use any meta tags or any other hidden text utilizing the eCI names, service marks, trademarks, or product or service names.
Advertise, offer to sell, or sell any goods or services set forth in the Services or otherwise use the Services to solicit other users, except as expressly permitted by eCI.
Engage in any activity that interferes with any third party's ability to use or enjoy the Services.
Probe, scan, or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or any network connected to the Services.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or eCI's systems or networks, or any systems or networks connected to the Services or eCI.
Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate any of the Services, or otherwise alter, defraud, or create false results from any of the Services.
Create any product or service that competes directly or indirectly with any of the Services.
Assist any third party in engaging in any activity prohibited by these Terms.

Furthermore, you agree to respect the privacy rights of individuals:

Consent: You must ensure that you have obtained the necessary consent from individuals before processing their personal data.
Data Protection: You shall not engage in any activities that compromise the confidentiality, integrity, or availability of personal data. This includes unauthorized access, processing, or sharing of personal data of users of the Services.
You must respect and facilitate the rights of any individual whose personal data you are processing. Such rights include:
1. The right to access personal data.
2. The right to rectification of inaccurate personal data.
3. The right to erasure of personal data under certain conditions.
4. The right to restrict processing of personal data.
5. The right to data portability.
6. The right to object to processing.
Accountability: You acknowledge that you may be held accountable for any violations of applicable data protection laws arising from your use of the Services. This includes ensuring compliance with the data processing principles set forth in the applicable data protection laws.
Reporting Violations: In the event of any suspected violations of these Terms or applicable laws, including data protection laws, you agree to report such violations to eCI promptly.
Training and Awareness: You are encouraged to undergo training on data protection and privacy principles to ensure compliance with applicable data protection laws and to foster a culture of privacy within your organization.

By using the Services, you confirm your understanding and acceptance of the above provisions regarding prohibited conduct and compliance with applicable data protection laws. Any violation of these terms or applicable laws may result in the suspension or termination of your access to the Services and may also lead to legal action.

If you do not agree with these Terms, you should not use the Services.

9. Communication of Other Information To and On the Services

The Services may at some point contain features that allow you to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that can be accessed by other users of the Services or through the Sites or applications (collectively, a "Posting"). If such functionality is available, you shall not submit any Posting that:

Restricts or inhibits any other user from using and enjoying the Services or any Affiliated Services, in whole or in part.
Is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful in any manner.
Constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any laws, rules, or regulations, including applicable data protection laws.
Violates, plagiarizes, or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right.
Contains a virus or other harmful component.
Contains any information, software, or other material of a commercial nature that is not expressly permitted.
Contains advertising, promotions, or commercial solicitations of any kind, unless expressly permitted by eCI.
Constitutes or contains false or misleading statements of fact.

By submitting or authorizing any Posting, you grant eCI a perpetual, worldwide, royalty-free, exclusive, sublicensable, and irrevocable right and license to use, copy, reproduce, distribute, perform, and display such Posting (and any information contained therein) and derivative works thereof, in whole or in part, in any form, media, or technology known or hereafter developed, as long as such use is consistent with eCI's applicable obligations set forth in these Terms.

You hereby irrevocably waive any claims based on moral rights or similar doctrines and theories, and based on the right of privacy, misappropriation, right of publicity, unfair competition, and similar doctrines, theories, and torts.

You acknowledge and agree that eCI will not pre-screen Postings and that eCI and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to, or the availability of, or to edit, disable, or remove, any Posting that is available via the Services or the Affiliated Services. By way of example and without limiting the foregoing, eCI and its designees may edit, disable, remove, or restrict access to or the availability of any Posting that violates these Terms or is required to be reviewed, monitored, edited, or deleted in accordance with applicable laws.

You shall evaluate and assume all liability associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings. You agree to indemnify eCI for any claims arising from your Postings or your breach of these Terms.

Furthermore, you are responsible for ensuring that any personal data included in your Postings is shared in compliance with applicable data protection laws, including obtaining any necessary consents from individuals whose personal data may be included. eCI disclaims any liability arising from the use of any Posting by you or any third party.

10. Ads; Communications with Users; Links To Third Parties

The Services may include sponsored advertising, and you hereby acknowledge and agree that by accessing, using, or downloading the Services, you consent to the presence of sponsored ads and services on the Services, which advertising will be placed at eCI's sole discretion. Such ads may be placed vertically on the left or right side, or horizontally on the bottom, of any displayed page on the Services. Sponsored ads are delineated from other content on the Services using boxes surrounding the advertisement, a different color background, or other similar means and contain a header with words similar to "Advertisement" or "Sponsorship."

In addition to the foregoing advertising, you consent to eCI contacting you through the Services or using the contact information you have provided regarding certain offers, products, or services of eCI or its partners that eCI believes may be of interest to you. You understand and agree that eCI may contact you in this manner.

You may also be asked to grant authorization for (i) eCI to use your MEDICAL INFORMATION in connection with its business partners and the advertising, offers, products, or services that may be directed to you, and (ii) eCI to send "push" notifications to you through your mobile device(s). By accepting such Service Specific Terms in the process of accessing, using, or downloading the Services (including registration for a user account), you authorize eCI to act in these manners as specified in such Service Specific Terms.

The Services may also contain links to the websites of eCI affiliates, partners, advertisers, or unrelated third-party companies, or links to other websites or mobile applications (collectively, "Linked Sites"). eCI does not own and has no control over the Linked Sites and disclaims any liability and warranties, and makes no representations regarding the availability of these Linked Sites, their content, advertising material, and the products or services available at or through the Linked Sites.

eCI does not endorse any Linked Sites, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that eCI has any affiliation, connection, endorsement, or sponsorship of such Linked Sites or their owners or operators. References or hypertext links made or included on the Services to any names, logos, or marks of third parties, including, without limitation, the Linked Sites' partners or Linked Sites' products and services, do not constitute or imply our endorsement, sponsorship, or recommendation.

You acknowledge and agree that eCI disclaims any responsibility or liability, including for any direct or indirect damage, that may result from your visit to a Linked Site; from your use of the contents, products, or services of a Linked Site; from your contact with their owners or operators; or in connection with any Linked Site. You acknowledge and agree that your use of a Linked Site shall be solely at your own risk and will be subject to that Linked Site's terms of use, privacy policies, and other practices.

We have no obligation to inform or update you regarding the terms and conditions of access, use, or service, or the privacy policies of Linked Sites. If you have any questions or concerns regarding any Linked Site, you should review any terms and conditions and privacy policy maintained by that Linked Site or contact the applicable party or their website administrator.

You are responsible for ensuring that any personal data shared with third parties, including through Linked Sites, is done in compliance with applicable data protection law. . This includes obtaining any necessary consents from individuals whose personal data may be shared. eCI encourages you to carefully review the privacy policies and terms of service of any Linked Sites to understand how your personal data will be handled.

In particular, when you or anyone acting on your behalf, provides any personal data to third parties via Linked Sites, you should be aware that eCI is not responsible for the handling of your personal data by such third parties. It is your responsibility to ensure that you have the appropriate rights and permissions to share any personal data with these third parties.

Changes to Advertising and Communication Practices

eCI reserves the right to modify its advertising and communication practices as necessary to comply with applicable laws. This may include obtaining additional consent, providing more detailed information about how your data will be used, or implementing additional safeguards to protect your personal data.

You are encouraged to stay informed about any changes to these practices by reviewing updates to these Terms and any relevant privacy notices provided by eCI.

11. Privacy

Our Privacy Policy applies to use of the Services, and its terms are hereby incorporated and made a part of these Terms. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall prevail.

12. Your Representations, Warranties, and Indemnification to eCI

You represent, warrant, and covenant to eCI that:

You have the full power and authority to enter into and perform your obligations under these Terms.
Your assent to, and performance of, your obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any Applicable Laws.
You are able to form a legally binding contract, and these Terms constitute legal, valid, and binding obligations on you, enforceable in accordance with their terms.
You will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right of eCI or any third party in your use of the Services or any Affiliated Services.
Any personal data provided by You is complete, truthful, and accurate.
You are not using, and will not use, the Services, any Affiliated Services, or any information contained therein for any improper, harassing, or unlawful purpose.
You will comply with all Applicable Laws in your use of the Services and the Affiliated Services, including these Terms, as well as any obligations under applicable data protection laws regarding the handling of personal data.
You are not a paid consultant and do not have any other financial interests in the information you provide on the Services or any Affiliated Services, including, but not limited to, the promotion of "off-label" drug uses, the disclosure of the results of confidential clinical trials, or any other proprietary information.
You will not provide eCI with any personal data relating to third parties over the age of 18 years without their explicit consent. You will not provide eCI with any personal data relating to third parties below the age of 18 years without obtaining verifiable consent from their parent or lawful guardian.
You will only provide information that is verifiably authentic, when exercising your right to correct your personal data.

You agree to indemnify and hold eCI and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers ("Indemnified Parties") harmless from any and all damages, losses, costs, fines, settlements, or expenses (including, without limitation, attorney's fees and costs) incurred in connection with any third-party claim, demand, or action (including, without limitation, any regulatory or government authority, or third party in a judicial action or administrative proceeding) ("Claim") brought or asserted against any of the Indemnified Parties:

Alleging facts or circumstances that would constitute a breach by you of any provision of these Terms;
Arising from, related to, or connected with your access, use, or download of the Services, any Affiliated Services, and/or its Content;
Arising from, related to, or connected with your non-compliance with any Applicable Laws, including but not limited to your obligations under the applicable data protection laws.

13. Disclaimers, Exclusions and Limitations

As used below in this section, "eCI Representatives" refers to eClinicalWorks eClinicalWorks India, Pvt. Ltd., and its affiliates, and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.

13.1. Disclaimer of Warranties

THE SERVICES, CONTENT, AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SERVICES OR THE AFFILIATED SERVICES (INCLUDING ALL RELATED WEBSITES AND APPLICATIONS) ARE PRESENTED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE eCI REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.

WITHOUT LIMITING THE FOREGOING PROVISIONS:

Sole Responsibility: You assume sole responsibility for selecting the Services and/or their content to achieve your intended results and sole responsibility for the use of, and results obtained from, the Services and/or their content.
No Guarantees: The eCI Representatives make no representation or warranty that the Services, any Affiliated Services, and/or any content will be error-free, secure, virus-free, or free from interruptions, defects, or other failures or harmful components, or that the Services, any Affiliated Services, and/or their content will satisfy your specific requirements or be compatible with your equipment (mobile or otherwise), or other hardware, software, or browser configurations, or that inaccuracies or errors will be corrected.
Third-Party Information: The eCI Representatives make no representation or warranty that the information obtained from third-party sources (including, but not limited to, any users of the Services) used on or within the Services or any Affiliated Services, or received in connection with converting or transmitting any data received in different formats, is accurate, timely, or error-free. The eCI Representatives are not responsible in any way for the information obtained from such sources.
User-Provided Information: The eCI Representatives make no representation or warranty that the information provided by users to gain access and permission to use the Services, any Affiliated Services, or other information posted by users is accurate or error-free.
Participants' Suitability: The eCI Representatives make no representation or warranty regarding the suitability of any persons participating in the Services or the Affiliated Services or regarding the character or integrity of such persons.

Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable laws.

13.2. Limitation of Liability and Exclusion of Damages

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE eCI REPRESENTATIVES OR THE THIRD PARTIES MENTIONED ON THE SERVICES OR THE AFFILIATED SERVICES (AND ALL RELATED WEBSITES AND APPLICATIONS) BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, THE AFFILIATED SERVICES, RELATED WEBSITES AND APPLICATIONS, AND/OR THEIR CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY THE eCI REPRESENTATIVES OR THE THIRD PARTIES MENTIONED ON THE SERVICES OR ANY AFFILIATED SERVICES (OR RELATED WEBSITES AND APPLICATIONS), AND EVEN IF THE eCI REPRESENTATIVES OR THE THIRD PARTIES MENTIONED ON THE SERVICES OR ANY AFFILIATED SERVICES (OR RELATED WEBSITES AND APPLICATIONS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

The foregoing provisions shall be enforceable to the maximum extent permitted by applicable laws. Notwithstanding the above, nothing in this section shall limit or exclude any liability that cannot be limited or excluded by applicable law, including liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation.

14. Violation of These Terms of Use

You agree that eCI may, in its sole discretion and without prior notice, terminate your access to the Services and/or any related websites or applications if eCI determines that you have violated these Terms.

Disclosure of information

eCI may disclose any information it has about you, including your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding your use of the Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with eCI's rights or property, or another person's rights or property.

eCI reserves the right to disclose any information we deem necessary to comply with any Applicable Laws, including applicable data protection laws, and also when it determines that Applicable Laws permit such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that eCI may preserve any communication by you with eCI through the Services and/or the Affiliated Services or any service offered on or through the Services and/or the Affiliated Services. eCI may disclose such communications when required by Applicable Laws or if eCI deems that such preservation or disclosure is reasonably necessary to:

Comply with legal process;
Enforce these Terms;
Respond to a claim that any communication, information posted on the Services, the Affiliated Services, or Content violates the rights of others; or
Protect the rights, property, or personal safety of eCI and its employees, users of or visitors to the Services and/or the Affiliated Services, and/or the public.

If eCI takes legal action against you as a result of your violation of these Terms, eCI will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and costs of such action, in addition to any other relief granted to eCI.

You agree that eCI will not be liable to you or to any third party for termination of your access to the Services and/or the Affiliated Services or removal of any communication or posting of information by you, or contents thereof, as a result of any violation of these Terms.

15. Void Where Prohibited

eCI reserves the right to limit, in its sole discretion, the provision and quantity of any Service, Content, or feature, product, or service thereof to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product, or service made on the Services and/or the Affiliated Services is void where prohibited.

16. Modification or Termination of the Services

These Terms will remain in full force and effect as long as you continue to access, use, or download the Services. You may terminate your use of the Services at any time by ceasing to use the Services. If you are a registered account holder, you may terminate your account by contacting us at privacy. Upon termination of your account, it may remain active until the end of your then-current billing cycle.

eCI may, in its sole and absolute discretion and without any liability, change, discontinue, make improvements to, modify, or suspend any aspect or all of the Services and/or the Affiliated Services, temporarily or permanently, at any time and for any reason without prior notice. eCI may notify you of these changes by updating the posting of these Terms or through other means (e.g., via email).

Upon any termination of these Terms, all rights granted to you under these Terms will cease. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Services.

eCI is under no obligation to retain a record of your account or any data or information that you may have used, disclosed, processed, retrieved, transmitted, or viewed on eCI, except as required by applicable laws, which may require the retention of certain data for specified periods.

17. Governing Law

These Terms shall be governed, construed, and applied in all respects by the laws of India, without regard to any provision governing conflicts of law.

In the event of any disputes arising out of or in connection with these Terms or your use of the Services, you agree to submit to the exclusive jurisdiction of the courts located in Ahmedabad- Gujarat, India.

18. Arbitration

Any and all controversies, claims, or disputes arising out of, relating to, or connected with these Terms or your use of the Services and/or the Affiliated Services shall be referred to and settled by arbitration administered by the Arbitration and Conciliation Centre (or any other relevant authority) in India, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and any other applicable rules and procedures. The arbitration shall be conducted by a sole arbitrator appointed in compliance with the relevant rules. This includes all disputes over arbitrability.

The Parties to this Agreement further acknowledge and agree that:

18.1. The location of the arbitration, including the location of all arbitration hearings, shall be Ahmedabad- Gujarat, India.
18.2. The arbitral award shall address the costs and expenses of arbitration, and all matters related thereto, including the allocation of such costs between the parties;
18.3. The award of the arbitrator shall be final and binding upon the parties; and
18.4. The parties submit to the jurisdiction of the courts located in Ahmedabad- Gujarat, India, for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through such courts.

By using the Services and/or the Affiliated Services, you expressly waive your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.

Notes:

Jurisdiction: The arbitration location has been modified to India and mentions the Arbitration and Conciliation Act, 1996, which governs arbitration in India. Please specify the city and state for the arbitration hearings.
Sole Arbitrator: The amendment suggests a sole arbitrator instead of a panel of three, which is common in many Indian arbitration practices.
This amendment ensures that the arbitration process is compliant with Indian laws

19. Waiver of Class and Joint Claims

Any arbitration (or, if arbitration of the action is not permitted by law, litigation) shall be conducted solely on behalf of an individual person and shall not be consolidated or joined with the claims of any other person or brought on behalf of a putative class unless previously agreed to in writing by both you and eCI and/or its subsidiaries.

You acknowledge and agree that you are waiving your right to participate in any class action or collective proceedings, and any disputes will be resolved on an individual basis. This waiver is intended to be as broad as permitted by applicable law.

20. Force Majeure

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, Internet outages, labor disturbances, earthquakes, floods, civil disorder, strikes, fire, pandemics, epidemics, or other disasters (including, without limitation, natural, technological, or social).

21. Miscellaneous

21.1. Severability

If any provision of these Terms is ruled by a court, arbitral tribunal, administrative officer, or other entity of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms, with all remaining provisions remaining in full force and effect.

21.2. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and eCI regarding your access and use of the Services and/or the Affiliated Services. No counter-offers to these Terms of Use shall be accepted by eCI, and eCI rejects all such counter-offers.

21.3. Assignment

eCI may assign its rights, in whole or in part, in the Services and/or the Affiliated Services at its sole discretion.

21.4. No Agency

Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between you and eCI.

21.5. No Waiver

eCI's failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that eCI has to enforce these Terms of Use.

21.6. Time Period for Filing Claims

You acknowledge and agree that it is the intent of both you and eCI to limit the period in which a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to eCI must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

21.7. No Third Party Beneficiary

These Terms of Use do not confer any rights or remedies on any third parties.