Terms of Service

1. Agreement to Terms

By accessing and using Clindesk (also known as Clindeskapp), accessible at dashboard.clindeskapp.com ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Clindesk ("Company," "we," "us," "our," or "Provider"), a product of Phobolytics Technologies Pvt Ltd.

2. Definitions

• "Service": The Clindesk (Clindeskapp) platform, accessible at dashboard.clindeskapp.com, website, applications, and all related services provided by Clindesk
• "User": Any individual or entity accessing the Service
• "Account": Your account created on the Service
• "Content": Information, data, text, images, documents, and materials on the Service
• "Client/Patient Data": Health, personal, and appointment information managed through the Service
• "Subscription": Paid plans and services offered by Clindesk

3. Eligibility and Account Registration

3.1 Eligibility Requirements

You must be:

• At least 18 years old
• Capable of entering into a legally binding agreement
• A licensed healthcare professional or authorized representative (for healthcare provider accounts)
• Compliant with all applicable laws and regulations

3.2 Account Registration

You are responsible for:

• Providing accurate, current, and complete information
• Maintaining confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of unauthorized access

Clindesk reserves the right to refuse or terminate accounts that violate these Terms.

4. User Responsibilities and Conduct

4.1 Prohibited Activities

You agree not to:

• Use the Service for illegal purposes or in violation of any laws
• Attempt to gain unauthorized access to the Service
• Reverse engineer, decompile, or disassemble the Service
• Interfere with or disrupt the Service infrastructure
• Transmit viruses, malware, or harmful code
• Harass, abuse, or threaten other users
• Collect or scrape data from the Service
• Impersonate other users or misrepresent your identity
• Share your account credentials with unauthorized persons
• Violate intellectual property rights
• Use the Service for commercial purposes not authorized by Phobolytics Technologies Pvt Ltd
• Create multiple accounts to circumvent restrictions

4.2 Professional Standards

Healthcare provider users must:

• Maintain professional and ethical standards
• Comply with healthcare regulations and licensing requirements
• Obtain proper patient consent for data collection
• Maintain client/patient confidentiality
• Provide accurate health information
• Not provide medical advice outside professional scope

5. Subscription and Billing

5.1 Subscription Plans

Phobolytics Technologies Pvt Ltd offers various subscription plans with different features and pricing. Specific plan details are available on the pricing page.

5.2 Payment Terms

• Subscriptions renew automatically at the end of each billing cycle
• You authorize Clindesk to charge your payment method
• All charges are in the currency specified in your invoice
• Taxes are calculated based on billing address and applicable law
• Invoices are available in your account dashboard

5.3 Billing Disputes

Notify us of billing issues within 30 days of the charge. Disputes after this period may not be addressed.

5.4 Payment Methods

Clindesk processes payments through Razorpay. Payment processing is governed by Razorpay's terms and security policies.

5.5 Failed Payments

If payment fails:

• The Service may be suspended after 7 days of non-payment
• Your account may be marked for collections
• Late payment fees may apply per local regulations
• Service access will be restored upon successful payment

6. Cancellation and Refunds

6.1 Cancellation

You can cancel your subscription anytime through your account settings. Cancellation becomes effective at the end of the current billing cycle.

6.2 Refund Policy

• No Refunds for Partial Months: You are not entitled to prorated refunds for partial months
• Data Retention: Your data remains available for 30 days after cancellation
• Exception for Service Failures: Clindesk may offer refunds at its sole discretion for extended service outages

6.3 Refund Process

Refund requests must be submitted within 7 days of the charge. Approved refunds are processed within 5-10 business days.

7. Intellectual Property Rights

7.1 Company IP

All content, features, functionality, design, logos, and materials of the Service are owned by Clindesk or licensed third parties. You receive a limited, non-exclusive, non-transferable license to use the Service for personal or professional healthcare practice.

7.2 Your Content

You retain ownership of your Client/Patient Data. By using the Service, you grant Clindesk a license to:

• Store and process your data
• Perform analytics and service improvement
• Create anonymized, aggregated reports
• Use data as necessary to deliver the Service

7.3 Restrictions

You may not:

• Modify, copy, or distribute Service content without permission
• Use the Service content for commercial purposes
• Remove copyright or proprietary notices
• License, transfer, or resell the Service

8. Liability and Limitations

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ERROR-FREE OPERATION
• UNINTERRUPTED SERVICE

Clindesk does not warrant that the Service will be uninterrupted, secure, or error-free.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINDESK SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• BUSINESS INTERRUPTION
• COST OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES ARISING FROM DATA LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS

Maximum Liability: In no event shall Clindesk's total liability exceed the amount you paid in the 12 months preceding the claim.

8.3 User Assumption of Risk

You assume all risks related to:

• Your use of the Service
• Data transmission and storage
• Third-party services integrated with the Service
• Loss or corruption of your data

9. Data Protection and Security

9.1 Security Measures

Clindesk implements industry-standard security measures. However, no system is completely secure. You acknowledge the inherent risks of data transmission over the internet.

9.2 Data Backups

You are responsible for maintaining backups of your Client/Patient Data. While Clindesk maintains backups for disaster recovery, we do not guarantee data recovery.

9.3 Data Loss

Clindesk is not liable for:

• Accidental data deletion by users
• Data loss due to account compromise
• Data loss from third-party integrations
• Natural disasters or force majeure events

10. Third-Party Integrations

10.1 Third-Party Services

The Service may integrate with third-party services (Razorpay, WhatsApp, email providers, etc.). Your use of these services is governed by their respective terms and privacy policies.

10.2 External Links

The Service may contain links to external websites. Clindesk is not responsible for third-party content, policies, or practices.

10.3 No Endorsement

Linking to third-party services does not constitute endorsement or approval.

11. Healthcare-Specific Terms

11.1 Medical Disclaimer

Clindesk is a management tool, not a medical device or diagnostic tool. Users should:

• Not rely solely on the Service for clinical decisions
• Comply with all applicable healthcare laws and regulations
• Maintain appropriate liability insurance
• Obtain proper patient informed consent
• Keep independent medical records as required by law

11.2 Healthcare Compliance

Users are responsible for:

• HIPAA compliance (if applicable)
• Local healthcare data protection regulations
• Patient privacy and confidentiality
• Proper record retention and management
• Compliance with professional licensing requirements

11.3 Data Confidentiality

You must:

• Restrict access to Client/Patient Data to authorized personnel
• Implement appropriate access controls
• Maintain a secure working environment
• Report any data breaches immediately to privacy@clindeskapp.com

12. HIPAA Compliance for US Practitioners

12.1 HIPAA-Aligned Infrastructure

Clindesk provides HIPAA-aligned infrastructure and practices for US private practices and healthcare providers. Our commitment includes:

• Protected Health Information (PHI) Encryption: All patient data encrypted with AES-256 at rest and TLS 1.3 in transit
• Access Controls: Role-based access control (RBAC) limiting data access to authorized personnel only
• Comprehensive Audit Trails: All access, modifications, and user activities are logged and auditable
• Authentication Security: Multi-factor authentication and secure password policies
• Backup and Disaster Recovery: Encrypted backups with disaster recovery procedures
• Security Monitoring: Continuous monitoring and incident response capabilities
• Zero Data Sharing: Patient PHI is never sold, shared, or used beyond delivering the Service

12.2 Your HIPAA Responsibilities

IMPORTANT: While Clindesk provides HIPAA-aligned infrastructure, compliance with HIPAA remains your legal responsibility as a covered entity or business associate. You must:

• Obtain valid patient authorization for using Clindesk to store PHI
• Implement organizational privacy and security policies
• Conduct regular risk assessments and security training
• Maintain required HIPAA documentation and audit controls
• Report security incidents in compliance with the HIPAA Breach Notification Rule
• Execute Business Associate Agreements (BAA) if required by your organization
• Comply with all applicable healthcare regulations at federal and state levels

12.3 Security Standards

Clindesk maintains the following security standards aligned with HIPAA requirements:

• Administrative Safeguards: Security policies, workforce training, and incident procedures
• Physical Safeguards: Secure data center infrastructure with access controls
• Technical Safeguards: AES-256 encryption, TLS 1.3 transmission, authentication mechanisms
• Transmission Security: Encrypted data transmission over secure channels
• Availability: Regular backups and redundancy to ensure data availability

13. GDPR Compliance for EU & UK Practitioners

13.1 GDPR-Compliant Practices

Clindesk maintains full GDPR compliance for practitioners in the European Union and United Kingdom. We commit to:

• Data Minimization: Collecting only necessary personal and patient information
• Purpose Limitation: Using data only for healthcare delivery and stated purposes
• Storage Limitation: Retaining data only as long as necessary, per your settings
• Integrity and Confidentiality: AES-256 encryption at rest, TLS 1.3 in transit, secure processing
• Accountability: Full audit trails, transparent processing records, and documentation
• Data Subject Rights: Supporting all GDPR rights including access, rectification, erasure, and portability

13.2 Your GDPR Rights

As a GDPR data subject, you have the following rights, all fully supported by Clindesk:

• Right of Access: Request and receive your personal and patient data
• Right to Rectification: Correct inaccurate or incomplete data
• Right to Erasure (Right to be Forgotten): Request deletion of your data, subject to legal retention requirements
• Right to Restrict Processing: Limit how your data is processed
• Right to Data Portability: Export your data in machine-readable format
• Right to Object: Opt-out of certain processing activities
• Right Not to Be Subject to Automated Decision-Making: Protection from algorithmic healthcare decisions

To exercise these rights, contact our Data Protection Officer at dpo@clindeskapp.com

13.3 Legal Basis for Processing

Clindesk processes personal and patient data under the following legal bases:

• Contract Performance: Necessary to deliver the platform and healthcare services
• Legal Obligation: Compliance with healthcare and data protection regulations
• Explicit Consent: For marketing communications and optional processing
• Vital Interests: Protection of patient safety and emergency situations
• Legitimate Interests: Service security, fraud prevention, platform improvement

13.4 Data Protection Officer

Clindesk maintains a Data Protection Officer responsible for GDPR compliance. Contact for data protection inquiries:

Email: dpo@clindeskapp.com

15. Indemnification

You agree to indemnify and hold harmless Clindesk, its officers, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of applicable laws
• Your Client/Patient Data
• Your infringement of third-party rights
• Your professional or clinical activities

16. Termination

13.1 Termination by User

You may terminate your account at any time by contacting support@clindeskapp.com. Service access ends immediately.

13.2 Termination by Clindesk

We may suspend or terminate your account if you:

• Violate these Terms or applicable laws
• Engage in harmful, illegal, or unethical conduct
• Fail to pay subscription fees for 30 days
• Are no longer a licensed professional (for healthcare providers)
• Engage in competitive practices using our Service

Termination is effective immediately or after 30 days' notice, at our discretion.

13.3 Effects of Termination

Upon termination:

• Your access to the Service immediately ends
• Your data remains stored for 30 days, then is deleted
• Your intellectual property rights are preserved
• Liability and indemnification obligations continue

17. Service Modifications and Downtime

14.1 Service Changes

Clindesk may:

• Modify or discontinue features
• Change pricing with 30 days' notice
• Update technical specifications
• Implement new requirements

14.2 Maintenance and Downtime

We may schedule maintenance requiring temporary Service unavailability. We will provide notice when feasible. We do not compensate for planned maintenance downtime.

14.3 Unscheduled Outages

For unscheduled outages exceeding 24 hours, Clindesk will investigate and work toward restoration. Extended outages (>72 hours) may qualify for service credits.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of India, without regard to conflicts of law principles. For international users, local laws may also apply.

15.2 Dispute Resolution

Informal Resolution: Before initiating legal proceedings, parties agree to attempt informal resolution through good-faith negotiation.

Jurisdiction: You agree to submit to the exclusive jurisdiction of courts located in India for any disputes.

15.3 Class Action Waiver

You agree not to pursue claims on a class or collective basis. Claims must be pursued individually.

18. Limitation of Actions

Any legal action must be commenced within one year of the date the claim arises. Claims filed after this period are barred.

19. Entire Agreement

These Terms, combined with the Privacy Policy, constitute the entire agreement between you and Phobolytics Technologies Pvt Ltd regarding the Service. Previous agreements, understandings, and negotiations are superseded.

20. Severability

If any provision of these Terms is found to be unenforceable, that provision is modified to the minimum extent necessary, or if not possible, severed. Remaining provisions remain in full effect.

21. Waiver

Clindesk's failure to enforce any right does not constitute a waiver of that right.

22. Amendment to Terms

Clindesk may update these Terms at any time. Continued use constitutes acceptance. Significant changes will be announced with 30 days' notice.

23. Contact Information

For questions, concerns, or legal notices regarding these Terms:

Clindesk (Clindeskapp)
A product of Phobolytics Technologies Pvt Ltd

• 📧 Legal: legal@clindeskapp.com
• 📧 Support: support@clindeskapp.com
• 🌐 Website: www.clindeskapp.com
• 🌐 Dashboard: dashboard.clindeskapp.com

24. Additional Terms for Specific Regions

22.1 European Union (GDPR)

EU users have additional rights under GDPR. These Terms do not diminish those rights.

22.2 California Users (CCPA)

California consumers have specific data rights. See our Privacy Policy for CCPA-specific provisions.

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© 2026 Clindesk (Clindeskapp). All rights reserved. Clindesk is a product of Phobolytics Technologies Pvt Ltd.

Last Updated: May 14, 2026