Terms of Service

Please read these Terms of Service ("Terms") carefully before using Ekansh Portal. By creating an account or using any feature of the Service, you agree to be bound by these Terms on behalf of yourself and the laboratory or clinic you represent ("you" or "Subscriber").

1. About Ekansh Portal

Ekansh Portal is a Software-as-a-Service (SaaS) platform that provides laboratory information management, report generation, patient record management, billing, and related tools for diagnostic laboratories and healthcare facilities in India ("Service").

The Service is operated by Ekansh Systems. References to "we", "us", or "Ekansh" mean Ekansh Systems.

2. Eligibility and Account Registration

• The Service is intended for use by registered laboratories, diagnostic centres, clinics, and hospitals in India, and their authorised staff.
• You must be at least 18 years of age and legally authorised to enter into contracts on behalf of your organisation.
• You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us of any unauthorised access at chaurasiaservices@gmail.com.
• Each account is for a single registered facility. Creating multiple accounts to circumvent subscription limits is prohibited.

3. Regulatory Compliance — Your Responsibility

Ekansh Portal provides tools to support your workflows. Compliance with all applicable laws and regulations is your sole responsibility as the registered lab/clinic operator. This includes but is not limited to:

3a. Lab Registration and Licensing

You are responsible for obtaining and maintaining all required registrations, including Clinical Establishment Act registration, NABL accreditation (if applicable), CMHO registration, and any other state or central government licences required to operate a diagnostic laboratory in your jurisdiction.

3b. Report Signatory and Qualifications

The person designated as signatory on lab reports (pathologist, lab technician, or owner) must hold the qualifications required by applicable law for the tests being reported. Ekansh Portal allows entry of any signatory name and qualification. We do not verify the credentials of your designated signatory. You are solely responsible for ensuring your signatory meets all legal requirements.

3c. Referring Doctor Details

Entry of referring doctor name and registration number is optional in Ekansh Portal. Walk-in and self-referred patients may be marked as such. You are responsible for maintaining any mandatory referral records required by your state health authority or by the nature of tests performed.

3d. PCPNDT Act, 1994

If your laboratory performs tests to which the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 applies, you are solely responsible for:

• Maintaining Form F and all other mandatory registers
• Ensuring sex determination is never disclosed through any report or communication
• Compliance with all PCPNDT reporting and inspection requirements

Ekansh Portal does not automatically enforce PCPNDT Form F workflows unless you have configured the applicable tests in the system. It is your responsibility to correctly configure PCPNDT-flagged tests.

3e. Digital Personal Data Protection (DPDP) Act, 2023

As the Data Fiduciary, you are responsible for obtaining valid, informed consent from patients before entering their personal and health data into Ekansh Portal. You must provide patients with accurate information about how their data will be used. Ekansh Portal acts as a Data Processor on your behalf. See our Privacy Policy for details of how we handle data.

3f. Bio-Medical Waste Management

Compliance with Bio-Medical Waste Management Rules, 2016 is entirely an offline physical compliance matter and is your responsibility as the lab operator. Ekansh Portal has no obligation in this regard.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

• Enter false, fabricated, or fraudulent patient data or test results
• Generate reports for tests that were not actually performed
• Use the Service to issue reports by unqualified personnel in violation of applicable law
• Attempt to reverse-engineer, copy, resell, or redistribute the Service or its underlying technology
• Use the Service in a way that could damage, disable, or impair the platform or its other users
• Upload malicious code, viruses, or harmful content
• Share your account credentials with individuals outside your registered facility

5. Subscription, Billing, and Payments

• Access to certain features requires a paid subscription. Subscription plans, pricing, and included features are displayed within the application.
• Subscription fees are billed in advance for the selected billing period (monthly or annually).
• All fees are in Indian Rupees (INR) and are exclusive of applicable taxes unless stated otherwise.
• Subscriptions auto-renew unless cancelled before the renewal date. You can cancel at any time from within the app settings.
• No refunds are issued for partial subscription periods unless required by applicable Indian consumer law.
• We reserve the right to change pricing with 30 days' advance notice to registered email addresses.

6. AI-Assisted Features

Ekansh Portal includes AI-assisted features such as report interpretation suggestions and document text extraction powered by Google Gemini AI. By using these features, you acknowledge:

• AI-generated suggestions are for informational assistance only and are not medical diagnoses or clinical opinions.
• All AI outputs must be reviewed and verified by a qualified professional before being included in any patient report.
• Ekansh Portal is not liable for any harm arising from reliance on AI-generated content without professional verification.
• AI features may occasionally produce incorrect or incomplete outputs. You accept this limitation.

7. Data Ownership

• Your data is yours. Patient records, reports, and all data you enter into Ekansh Portal remains your property and the property of your patients.
• We do not claim ownership over any data you enter.
• Upon termination of your account, you may request a data export within 30 days of termination. After 30 days, data may be deleted in accordance with our retention policy.
• Anonymised, aggregated usage statistics (e.g., "how many reports were generated") may be used by us to improve the Service. No individually identifiable patient data is used for this purpose.

8. Service Availability and Modifications

• We aim for high availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance will be notified in advance where possible.
• We reserve the right to modify, update, or discontinue features of the Service. We will provide reasonable notice for material changes.
• We are not liable for losses arising from temporary service unavailability due to maintenance, technical failures, or circumstances beyond our control (including internet outages, Firebase platform issues, or force majeure events).

9. Limitation of Liability

To the maximum extent permitted by Indian law:

• Ekansh Portal is a software tool. We are not responsible for any clinical, diagnostic, or treatment outcome arising from the use of reports generated through our platform.
• We are not liable for regulatory penalties, fines, licence revocations, or legal proceedings arising from a Subscriber's failure to comply with applicable laws.
• We are not liable for errors in reports caused by incorrect data entered by the Subscriber or their staff.
• Our total liability to you in connection with any claim under these Terms shall not exceed the total subscription fees paid by you to us in the 3 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, however caused.

10. Indemnification

You agree to indemnify and hold harmless Ekansh Systems, its officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or regulation
• False or fraudulent data entered into the Service
• Any third-party claim arising from your use of the Service

11. Intellectual Property

• All software, designs, algorithms, and technology underlying Ekansh Portal are the intellectual property of Ekansh Systems.
• You are granted a limited, non-exclusive, non-transferable licence to use the Service during your active subscription period.
• You must not copy, reproduce, or create derivative works from the Service or its underlying code.
• The Ekansh Portal name, logo, and branding are trademarks of Ekansh Systems.

12. Termination

• You may terminate your account at any time by contacting us or through the app settings.
• We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or use the Service in a way that causes harm to others.
• Upon termination, your right to access the Service ends immediately. Data export requests must be made within 30 days of termination.

13. Governing Law and Dispute Resolution

• These Terms are governed by the laws of India.
• Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation.
• If unresolved, disputes shall be subject to the exclusive jurisdiction of courts in Hardoi, Uttar Pradesh, India.
• Nothing in this clause prevents either party from seeking urgent injunctive relief from a competent court.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ekansh Systems regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
• No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Updates: We may update these Terms from time to time. Continued use of the Service after the effective date of updated Terms constitutes acceptance. Material changes will be notified via in-app notification.

15. Contact Us

For questions about these Terms, to report a violation, or for any legal notices: