Terms of Service.

The Service is intended for licensed medical practitioners, healthcare institutions and their authorised staff. By registering, you represent that:

• You are at least 18 years of age.
• You hold a valid medical registration in your jurisdiction (for doctor accounts).
• The information you provide during onboarding is accurate, complete and current.
• You have the authority to bind any clinic, hospital or organisation you represent.
• You are not located in, or under the control of, any country subject to comprehensive sanctions where provision of the Service is prohibited.

Dactorly provides a WhatsApp-based telemedicine platform that enables doctors and clinics to:

• Accept and manage patient appointments via WhatsApp.
• Generate and deliver branded digital prescriptions.
• Collect payments through integrated payment gateways (UPI, cards, bank transfer).
• Send automated follow-ups, reminders and health tips to patients.
• Maintain electronic medical records (EMR) accessible from any device.
• Use AI-assisted documentation, message templates and triage suggestions, always under the doctor's review.

We reserve the right to modify, suspend or discontinue any part of the Service at any time with reasonable advance notice.

• You must complete our doctor onboarding (KYC) process, including submission of medical registration, identity documents and banking details for payment settlement.
• We verify credentials within 24–48 hours. We reserve the right to reject or revoke onboarding for incomplete, fraudulent or unverifiable submissions.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must notify us immediately at support@dactorly.com of any unauthorised access or suspected breach.

• Current pricing is displayed on our website and varies by region. Prices are subject to change with 30 days' advance notice for existing subscribers.
• A one-time setup fee covers WhatsApp Business configuration, payment-gateway integration and clinic-profile setup.
• Patient-payment processing is handled by third-party payment gateways. Transaction fees and settlement timelines are governed by the payment provider's terms and are not retained by Dactorly.
• Setup fees are non-refundable once the clinic-setup process has begun, except where required by applicable consumer-protection law.
• The first 2 months after setup are complimentary. Monthly subscription billing begins from Month 3.
• Late payment of subscription fees may result in suspension after a 14-day cure notice.

As a registered doctor or clinic on Dactorly, you agree to:

• Practise medicine in compliance with all applicable laws, regulations and professional standards in your jurisdiction (e.g. Indian Medical Council telemedicine guidelines, state telemedicine boards in the US, GMC guidance in the UK).
• Maintain a valid and current medical registration for the duration of your use of the Service.
• Verify patient identity, obtain informed consent for teleconsultation, and exercise independent clinical judgement on every encounter.
• Display your registration number to patients as required by your council's rules.
• Handle patient data shared through the platform in accordance with applicable privacy and healthcare regulations.
• Not use the Service for any unlawful, fraudulent, harmful, or misleading purpose.
• Not share account credentials with unauthorised individuals.
• Not use the Service to issue prescriptions for substances or in scenarios prohibited by your jurisdiction's telemedicine rules (e.g. controlled-substance prescribing without an in-person examination).

• You, as the healthcare provider, are the data controller for patient health records managed through the Service. We act as data processor on your behalf under a written data-processing agreement.
• The platform is designed to support compliance with HIPAA (US), GDPR (EU/UK), DPDPA 2023 (India) and other applicable health-data regulations. Ultimate compliance responsibility rests with the healthcare provider.
• You must obtain appropriate patient consent before using the platform for teleconsultation, prescription delivery, payment collection, or recording of any kind.
• We will sign a Business Associate Agreement (BAA) with US covered entities and a GDPR Article 28 Data Processing Addendum with EU/UK doctors on request.

You will not, and will not permit any user under your account to:

• Use the Service to send spam, bulk unsolicited messages, or content that violates WhatsApp's Business Messaging Policy or Commerce Policy.
• Reverse-engineer, decompile, scrape or otherwise attempt to derive the source code or underlying data structures of the platform.
• Resell, sublicense, white-label or rebrand the Service without a separate written agreement.
• Upload malware, harmful code, or content that infringes third-party intellectual property rights.
• Use the Service to provide diagnoses or prescriptions where prohibited by your jurisdiction's telemedicine rules.

• The Dactorly name, logo, software, design, written content and platform code are owned by Xphora AI Technology Private Limited and protected by applicable intellectual-property laws.
• You retain ownership of your clinic branding, standard operating procedures, patient records and any content you create through the Service.
• You grant us a limited, non-exclusive licence to display your clinic name, logo and brand inside the WhatsApp Business profile we configure for you, solely to operate the Service.
• You grant us a perpetual, royalty-free licence to use anonymised, aggregated usage statistics for analytics, capacity planning and product improvement.

Dactorly may offer AI-assisted features (documentation drafts, message templates, triage suggestions, translations). The doctor reviews and is responsible for every clinical output. We do not use your personal data or your patients' data to train third-party foundation models. AI sub-processors are configured for zero data retention or are bound by contractual confidentiality. AI features may produce errors and must not be the sole basis for any clinical decision.

The Service is provided "as is" and "as available". To the maximum extent permitted by law, Dactorly disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. We do not warrant the availability of WhatsApp, payment-gateway or other third-party services on which the platform depends.

• We are not liable for any medical decisions, diagnoses, treatments, prescriptions or outcomes by doctors using the platform.
• We are not liable for losses arising from WhatsApp service disruptions, payment-gateway failures, government-mandated network blocks, or other third-party service outages.
• To the maximum extent permitted by law, our total aggregate liability for any claim arising from the Service shall not exceed the fees you paid to us in the 12 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost goodwill, lost data, or business interruption.
• Nothing in this section limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot lawfully be excluded.

You agree to indemnify and hold harmless Dactorly, its officers, employees and sub-processors from any third-party claim, demand, fine or expense (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) your violation of applicable medical, telemedicine, data-protection or consumer-protection law; (c) clinical decisions you make using the Service; or (d) content you or your staff submit to the platform.

• You may stop using the Service at any time by giving 30 days' written notice to support@dactorly.com.
• We may suspend or terminate your access immediately if you violate these Terms, provide false information, fail to pay, lose your medical registration, or engage in conduct harmful to patients, other users, or the platform.
• Upon termination, we provide a minimum 30-day data-export window. After this window, data may be deleted in accordance with the retention schedule in the Privacy Policy.
• Sections that by their nature survive termination (Intellectual Property, Liability, Indemnity, Governing Law, Dispute Resolution, surviving payment obligations) continue in force.

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Goa, India. Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a minimum of 30 days. Nothing in this section removes statutory consumer rights you may have under the law of your country of residence.

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on the website at least 30 days before they take effect for existing subscribers. Continued use of the Service after the effective date constitutes acceptance.

• Email: support@dactorly.com
• Phone: +91 73583 30377
• Address: Xphora AI Technology Private Limited, Goa Institute of Management, AIC, Pariye, Goa 403505, India