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Legal

Terms and Conditions

These Terms govern the SOMIRAA clinic operations platform and Somiraa Desktop (the “Software Services”), operated by Positron (“Positron”, “we”, “us”, or “our”). Merely browsing the public somiraa.com website does not accept the full Clinic software agreement. Website visitors must, however, use the site lawfully.

1. Acceptance and authority

A clinic or organisation (“Clinic”) accepts these Terms through a signed order or subscription agreement that incorporates them, or through explicit acceptance of this version in Somiraa Desktop. The individual accepting confirms that they are legally authorised to bind the Clinic. If they lack that authority, they must not accept or activate the Software Services. Authorised Users are Clinic personnel whom the Clinic permits to use them.

2. Services and order documents

SOMIRAA provides clinic administration and workflow tools, including scheduling, patient records, care plans, packages, billing, payments, reporting, inventory, and related functions. Somiraa Desktop is local-first and may use limited cloud lifecycle services for licence validation and patch delivery. Pricing, term, implementation, support levels, and data-processing commitments in a signed order, subscription agreement, or data-processing agreement prevail if they conflict with these Terms.

3. Clinic and user responsibilities

The Clinic is responsible for authorised users, roles, devices, credentials, lawful collection and accuracy of data, patient notices and consent, professional and healthcare compliance, record retention, billing and tax duties, and the accuracy and legality of records and communications. The Clinic must independently review clinical, financial, appointment, invoice, and dispatch information before relying on or sending it.

4. No medical advice or emergency use

The Software Services are administrative tools. They do not provide medical advice, diagnosis, treatment, emergency response, or a substitute for professional judgement. Do not use them for emergencies, life-critical monitoring, or as the sole basis for clinical decisions.

5. Licence and acceptable use

Subject to the applicable agreement, Positron grants the Clinic a limited, non-exclusive, non-transferable, revocable licence for Authorised Users to use the Software Services for internal Clinic operations. Users must not unlawfully copy, reverse engineer, bypass security or licence controls, introduce malware, disrupt operation, access another Clinic’s data, resell access, infringe rights, or send unlawful, deceptive, harassing, or unsolicited communications.

6. Data protection and confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only for the agreement, except where disclosure is legally required. Clinic data remains under the Clinic’s control, and Positron processes it as needed to provide, secure, support, and improve the Software Services, subject to law and agreed processing terms. The Privacy Policy is incorporated by reference.

7. Customer-owned backup and email

A Clinic may connect its Google Drive or OneDrive account for encrypted desktop backups. The Clinic controls the provider account and is responsible for its recovery phrase, access, retention, deletion, and restore testing. A Clinic may separately authorise Gmail or Microsoft transactional email. It is responsible for recipients, consent, message and attachment accuracy, anti-spam compliance, and provider terms. Provider failure does not reverse a completed Clinic transaction.

8. Third-party services

Google Drive, Gmail, OneDrive, Microsoft Graph, and other integrations are governed by their provider’s terms, privacy practices, availability, and account controls. Positron is not responsible for provider outages, restrictions, acts, omissions, or API changes. The Clinic must revoke grants and delete provider-held files through the provider when desired.

9. Fees, support, and availability

Fees, taxes, payment terms, implementation, renewal, and support are set by the applicable order or subscription agreement. Unless expressly agreed otherwise, the Software Services are provided on a commercially reasonable basis without guaranteed uninterrupted or error-free availability. Maintenance, security updates, and patches may temporarily affect use.

10. Intellectual property

Positron and its licensors own the Software Services, documentation, branding, and related intellectual property. The Clinic retains its data and content and grants Positron only the rights reasonably necessary to provide the Software Services and meet security and legal duties.

11. Suspension and termination

Positron may suspend access where reasonably necessary for security, suspected breach, legal compliance, material misuse, or overdue fees under an applicable agreement. Termination follows the applicable order or subscription agreement. On termination, licence rights end, subject to agreed export or transition arrangements and lawful retention.

12. Disclaimers

To the maximum extent permitted by law, the Software Services are provided “as is” and “as available”. Positron disclaims implied warranties of merchantability, fitness, non-infringement, and uninterrupted availability. Positron does not warrant that the Software Services prevent every error or satisfy every Clinic requirement.

13. Liability

To the maximum extent permitted by law, Positron is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profit, revenue, goodwill, data, or opportunity. Positron’s aggregate liability relating to the affected Software Services will not exceed fees paid by the Clinic for those Services during the twelve months before the event. Nothing excludes liability that law does not permit the parties to exclude or limit.

14. Indemnity

The Clinic will defend and indemnify Positron and its personnel against third-party claims and reasonable costs arising from Clinic data, unlawful use, breach of these Terms, or failure to obtain required patient, user, or recipient permissions, except to the extent caused by Positron’s breach or unlawful conduct.

15. Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to mandatory law, courts having jurisdiction over Positron’s registered office in Ahmedabad have exclusive jurisdiction. Positron’s legal contact address is B-17, Vrujvardhan Coop H Soc Ltd, Vatva Road Isanpur, Ahmedabad - 382415, India.

16. Changes and re-acceptance

Positron may publish revised Terms with a new version and effective date. A signed agreement may specify how changes apply. For Somiraa Desktop, a version designated for re-acceptance will require a fresh explicit acceptance by an authorised Clinic representative before workspace access; ordinary website browsing does not constitute that acceptance.

17. Notices and general provisions

Legal notices to Positron must be sent to admin@somiraa.com and, where formal written delivery is required, to B-17, Vrujvardhan Coop H Soc Ltd, Vatva Road Isanpur, Ahmedabad - 382415, India. The Clinic may not assign its agreement without consent; Positron may assign it in a merger, restructuring, financing, or sale. Waiver must be express. If a provision is unenforceable, the remainder continues. These Terms with the applicable signed documents form the agreement for the Software Services.