Terms of Use

NeedStreet Web Technologies Private Limited, (hereafter referred to as "NeedStreet," "we," "our," or "us"), develops and operates an online healthcare technology platform for healthcare service providers to manage their services and engage with their patients, hereafter referred to as the 'ContinuousCare Platform Services'. These Terms of Service ("Terms") govern your use of the ContinuousCare Platform Services and constitute an agreement between NeedStreet and its business customers who subscribe to our services, hereafter referred to as "you," "your," or "Customers."

The ContinuousCare Platform Services provides licensed healthcare service providers with a comprehensive Virtual Practice solution (including associated web and mobile applications, collectively referred to as the 'Virtual Practice') encompassing practice management, patient engagement, clinical workflows, administrative tools, online consultations, remote patient monitoring, and healthcare service delivery capabilities. The Virtual Practice also enables online presence management for better patient engagement.

NeedStreet provides technology services only and does not provide medical, healthcare, or clinical services of any kind. The Virtual Practice applications are intended solely as administrative and communication tools to assist healthcare providers in delivering their own professional services. NeedStreet does not practice medicine, provide medical advice, diagnose conditions, or treat patients.

For the purposes of applicable data protection laws, Customers act as Data Controllers of all patient and healthcare data, while NeedStreet acts as a Data Processor providing technical services as instructed by the Customer.

NeedStreet maintains appropriate technical and organizational security measures consistent with industry standards. Customers, as Data Controllers and licensed healthcare providers, remain responsible for ensuring that their overall use of the Platform complies with all applicable legal, regulatory, and professional requirements.

By registering for, accessing, or using the ContinuousCare Platform Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all incorporated policies. If you do not agree to these Terms or are not eligible or authorized to enter into this agreement, you may not access or use the Platform Services.

Any access or use of the Platform Services by individuals or entities not meeting our eligibility criteria, or in violation of these Terms, is strictly prohibited and may result in immediate termination and legal action.

Customers

Healthcare service providers who wish to set up a Virtual Practice on the ContinuousCare platform (hereafter referred to as "Customers") must meet the following eligibility criteria to access and use our SAAS platform:

1. Licensed Solo Practitioners:You must be a licensed and certified medical professional authorized to practice medicine or deliver healthcare services within your jurisdiction. You may be required to provide proof of current licensure and certification upon request. Must maintain active, unrestricted licenses throughout the term of service.

2. Clinics, Hospitals, and Healthcare Organizations:Your organization must be a legally registered entity with the necessary authorization to operate as a healthcare provider in your jurisdiction. This includes holding all relevant licenses, accreditations, and regulatory approvals. Proof of these credentials may be requested and must be kept up to date in compliance with applicable laws. Must designate an authorized representative responsible for platform administration and compliance.

3. Healthcare Startups:Must be a legally registered business entity in good standing. Must maintain a current roster of all licensed healthcare professionals authorized to use the platform. All healthcare professionals must hold valid, unrestricted licenses in their respective fields and jurisdictions. Must maintain appropriate processes to ensure licensed professionals remain authorized to practice. Must ensure all staff receive adequate platform training and maintain competency.

NeedStreet reserves the right to verify credentials at registration and periodically thereafter. NeedStreet reserves the right to rely on publicly available registries, licensing boards, or third-party verification services for credential verification. Customers must respond to verification requests promptly or NeedStreet may, at its discretion, suspend services immediately or provide a cure period upon notice of credential issues pending resolution. Customers must promptly update their account information to reflect any changes in licensing, registration, or authorization status.

If a Virtual Practice is being established by an individual healthcare service provider who is not formally affiliated with an organization, the Customer is the individual creating the Virtual Practice. If the Virtual Practice is being established on behalf of a healthcare services organization by an authorized representative, the organization itself is considered the Customer.

Organizations must designate primary authorized representatives. Representatives must have legal authority to bind the organization and accept these Terms. Changes to authorized representatives must be submitted in writing with appropriate documentation. Representatives are responsible for ensuring organizational compliance with these Terms.

Individual practitioners are directly responsible for their accounts and compliance. Organizations are responsible for all activity under their account, including actions by their authorized representatives and team members. The Customer entity (individual or organization) maintains full legal and financial responsibility for the account regardless of who operates it day-to-day.

By registering for and operating a Virtual Practice, Customers confirm and agree that:

• You are using your actual legal identity and have authority to bind your organization to these Terms
• All information provided during registration is true, accurate, current, and complete
• You will promptly update registration information to maintain accuracy
• You will not impersonate any other person or entity
• You will use the Platform solely for legitimate healthcare service delivery to your authorized patients
• You have evaluated the Platform's suitability for your specific business operations and compliance requirements
• You will maintain all necessary licenses, accreditations, and legal authorizations throughout your use of the Platform
• Customers must implement reasonable internal access controls to ensure that only authorized individuals within their organization use the Platform.
• You will ensure all Authorized Users receive appropriate training and maintain competency in platform use

Authorized Users

Customers may create and manage authorized user accounts within their Virtual Practice for two distinct categories of users, each subject to specific requirements and restrictions:

TEAM USERS (Healthcare Staff and Administrative Personnel)

Team Users include employees, contractors, and associates authorized by the Customer to access and operate the Virtual Practice on behalf of the healthcare organization.

Team User Requirements:

• Healthcare providers must maintain current, valid licenses appropriate to their role and scope of practice
• Administrative and support staff must have appropriate qualifications and training for their assigned responsibilities
• All Team Users must complete platform-specific and security training before accessing patient data
• Customers must maintain current documentation of each Team User's credentials, role, and access privileges
• Team Users must acknowledge and agree to confidentiality obligations and appropriate use policies
• Team users must be aware of their responsibility in compliant and secure usage of the platform features

Team User Access Control and Security:

• Customers must implement role-based access controls limiting Team User access to information necessary for their specific job functions
• Two-factor authentication (2FA) is mandatory for all Team User accounts
• Customers must regularly review and update Team User access privileges (at minimum annually)
• Team Users must use strong, unique passwords and may not share login credentials
• Customers must promptly deactivate accounts for terminated or departed staff

PATIENT USERS (Patients and Healthcare Service Recipients)

Patient Users are individuals receiving healthcare services from the Customer who are granted access to their own health information and communication tools within the Virtual Practice.

Patient User Requirements:

• Must be of legal age (18+) or have appropriate guardian/parental consent for minors
• Must provide accurate identification and contact information
• Must acknowledge consent to electronic health record maintenance and communication
• Must agree to appropriate use of platform features and communication tools

Patient Registration and Consent:

• Customers may enable patient self-registration or create Patient User accounts directly
• All Patient Users must provide explicit consent for data collection, processing, and storage
• Consent must comply with applicable healthcare privacy laws (HIPAA, GDPR, etc.)
• Patients must be informed of their rights regarding access, correction, and deletion of their health information
• Customers must maintain records of patient consent and provide mechanisms for consent withdrawal

The Primary User Account created during Virtual Practice registration serves as the administrative account for the Customer and is considered a Team User account with full administrative privileges and responsibilities.

Customer Responsibilities

PLATFORM EVALUATION AND SUBSCRIPTION DECISION

• You are responsible for thoroughly evaluating the Platform during any trial period to determine its suitability for your specific business, clinical, and regulatory requirements
• By subscribing to a paid plan, you confirm that you have completed adequate testing and determined the Platform meets your operational needs
• You acknowledge that suitability issues discoverable through proper evaluation do not constitute grounds for service modifications or refunds
• You are expected to apply appropriate professional due diligence standards when assessing technology solutions for healthcare use

ACCOUNT AND SERVICE MANAGEMENT

• You are responsible for all Virtual Practice settings, configurations, and user account management
• You must ensure all Team Users and Patient Users comply with these Terms and applicable professional standards
• You bear full responsibility for all activities conducted through your Virtual Practice account
• You must implement appropriate training and oversight procedures for all authorized users

REGULATORY AND PROFESSIONAL COMPLIANCE

• You are solely responsible for ensuring your use of the Platform meets all applicable regulatory requirements in your jurisdiction
• You must obtain and maintain all necessary licenses and authorizations
• You are responsible for determining the Platform's suitability for your specific compliance requirements
• You must stay current with regulatory changes that may affect your use of the Platform

PLATFORM ROADMAP AND FEATURE REQUESTS

• You acknowledge that the Platform operates according to NeedStreet's product roadmap and development priorities
• While feature requests and suggestions may be considered if aligned with our roadmap, NeedStreet is under no obligation to implement requested changes or modifications
• Requested features, even if accepted for development, may not be implemented within any specific timeframe.
• The Platform roadmap is not part of the contractual service commitment, and acceptance of a feature request does not create any obligation to deliver.
• The Platform's existing functionality, as evaluated during your trial period, forms the basis of our service commitment
• Future feature additions or modifications are provided at NeedStreet's sole discretion

PATIENT RELATIONSHIP MANAGEMENT

• All disputes between you and Patient Users must be resolved directly between the parties. NeedStreet bears no liability for any disputes, claims, or outcomes arising from the healthcare services you provide to Patient Users.
• NeedStreet has no obligation to monitor or mediate healthcare service delivery within Virtual Practices
• You are solely responsible for ensuring published content in your Virtual Practice is medically accurate, appropriate, and complies with professional standards
• You must maintain appropriate professional boundaries and patient confidentiality in all platform communications

REALISTIC PLATFORM EXPECTATIONS

• You acknowledge that the Platform is a technology tool that supports but does not replace professional healthcare judgment and processes
• You understand that technology platforms have inherent limitations and that workarounds or manual processes may be necessary for some workflows
• You accept responsibility for adapting your workflows to work effectively within the Platform's capabilities as they exist
• You will not make unreasonable demands for immediate customizations or modifications to core platform functionality. You acknowledge that NeedStreet is not obligated to provide customizations or modifications to core platform functionality, except unless separately agreed under an agreement

THIRD-PARTY SERVICES AND INTEGRATIONS

• You are responsible for setup, payment, and maintenance of any third-party services you choose to integrate with the Platform
• You are responsible for your own app store accounts (Google Play, Apple iTunes) if publishing custom mobile applications
• NeedStreet bears no responsibility for third-party service changes, policy updates, or integration issues
• NeedStreet is not responsible for errors, downtime, data loss, or security incidents caused by third-party services or integrations

SYSTEM COMMUNICATIONS AND SUPPORT

• You agree to receive essential automated notifications (SMS, email, mobile) related to system events, regardless of Do-Not-Disturb preferences
• You will provide timely and professional communication in all support interactions
• You acknowledge that support is provided for the Platform as it exists, not for custom modifications or workflow changes outside the Platform's designed functionality

PATIENT USER OVERSIGHT

Customers must ensure their Patient Users understand that:

• NeedStreet provides technology services only, not medical services
• Emergency situations require immediate professional medical attention, not platform communication tools
• Patient Users should provide accurate health information and use the platform only for managing their own healthcare or that of minor dependents under their legal authority
• Patient Users must respect the professional policies and boundaries established by their healthcare provider
• Customers remain responsible for ensuring Patient Users comply with these requirements, and any misuse by Patient Users will be treated as Customer responsibility under these Terms

Customer Data

DATA OWNERSHIP AND CONTROL

All patient health information (PHI), clinical data, communications, and administrative records submitted to the ContinuousCare Platform Services by Customers and their Authorized Users constitute “Customer Data” and remain the exclusive property of the Customer. Platform usage analytics and operational data collected by NeedStreet for security, billing, and service improvement are processed by NeedStreet as an independent Data Controller.

Customers serve as the Data Controller for all Customer Data under applicable data protection laws, while NeedStreet acts solely as a Data Processor, processing Customer Data only as instructed by the Customer through platform configuration and usage.

DATA ACCESS AND PERMISSIONS

• Healthcare providers (Team Users) may access and modify Customer Data as necessary to provide healthcare services, subject to role-based access controls implemented by the Customer
• Patient Users may access and update their own health information as configured by the Customer, except for areas specifically restricted by the healthcare provider
• NeedStreet personnel do not access Customer Data except as necessary for technical support, security monitoring, or as legally required, and only with least-privilege, on a time-limited basis with appropriate safeguards and Customer notification where possible.

DATA PROCESSING INSTRUCTIONS

Customers provide processing instructions to NeedStreet through:

• Platform configuration settings and user permissions
• Service usage patterns and feature selections
• Direct support requests and technical instructions
• These Terms of Service and incorporated policies

NeedStreet will process Customer Data only in accordance with Customer's instructions and will not use Customer Data for any purpose other than providing the contracted services. This section does not restrict NeedStreet’s separate processing of service telemetry, diagnostics, and billing/usage data as an independent controller.

DATA STORAGE AND LOCATION

Customer Data is stored in secure, encrypted cloud infrastructure provided by Amazon Web Services in designated regions: United States, European Union, Singapore, and India. Customers are assigned to a specific region based on their registered location, and data is processed only within that region. Cross-border processing is limited to (i) temporary routing of real-time communications (e.g., WebRTC video sessions), and (ii) secure support access where necessary to resolve technical issues, backup and disaster recovery operations, system maintenance and service delivery optimization. Customers acknowledge that such transfers occur under appropriate safeguards.

DATA SECURITY AND BACKUP

NeedStreet implements industry-standard security measures including:

• Encryption in transit and at rest using AES-256 or equivalent standards
• Regular automated backups stored in geographically distributed locations
• Access controls and audit logging for all data access
• Regular security assessments and vulnerability management
• Incident response procedures as outlined in our Data Breach Policy

DATA RETENTION AND DELETION

• Customer Data is retained while the Customer maintains an active account
• Upon account termination, Customer Data is retained for 30 days to allow for account reactivation
• After 30 days, all Customer Data is permanently deleted except where NeedStreet receives a valid legal order requiring data preservation (such as a court subpoena or regulatory investigation notice)
• Medical records retention obligations remain solely with the Customer as the healthcare provider and Data Controller
• Customers may request earlier deletion or export their data at any time during the active period
• Backup copies are deleted according to standard backup retention cycles (maximum 12 months) except where legal preservation requirements apply

DATA PORTABILITY AND EXPORT

Customers may export their Customer Data through available platform tools, request data copies subject to technical feasibility, or obtain specific data extractions for compliance purposes. Complex extraction requests may require additional fees where substantial engineering effort is involved.

DATA BREACH NOTIFICATION

In the event of any security incident affecting Customer Data, NeedStreet will:

• Immediately notify affected Customers with details of the incident and affected data
• Provide information necessary for Customers to fulfill their breach notification obligations to authorities and individuals
• Cooperate with Customer incident response and regulatory reporting requirements
• Implement appropriate remediation measures

For detailed breach response procedures, Customers may request our Data Breach Policy documentation.

Authorized User Terms

SCOPE AND APPLICATION

These terms apply to all Team Users and Patient Users accessing Virtual Practices through Customer accounts. Authorized Users cannot register directly with NeedStreet and access the platform solely through Customer-created accounts.

All Authorized Users must:

• Use the platform only for its intended healthcare-related purposes
• Maintain the confidentiality and security of their login credentials
• Report suspected security incidents or unauthorized access immediately to their Customer
• Comply with all applicable laws and professional standards relevant to their role
• Use only their assigned account and not share access with others

Team Users additionally must:

• Maintain current professional licenses and qualifications required for their role
• Access only patient information necessary for their assigned responsibilities
• Follow Customer-defined policies for clinical documentation and patient communication
• -Promptly report any changes in licensure status or professional standing to the Customer

Patient Users must:

• Provide accurate personal and health information
• Use the platform only to manage their own healthcare or that of minor dependents under their legal guardianship
• Respect the professional boundaries and policies established by their healthcare provider
• Seek immediate professional medical attention for emergencies rather than using platform communication tools
• All engagement between Team Users and Patient Users conducted through the Customer’s Virtual Practice are also governed by the Patient Terms of that Virtual Practice, which authorized Patient Users are required to consent to.

CUSTOMER CONTROL AND RESPONSIBILITY

• Customers maintain complete control over Virtual Practice settings, user access, and data processing
• Customers are responsible for ensuring all Authorized Users understand relevant terms, policies, and legal requirements
• Customers may restrict, suspend, or terminate any Authorized User's access at any time
• Processing of all Customer Data remains subject to Customer instructions and applicable regulatory requirements

PLATFORM ENFORCEMENT

NeedStreet reserves the right to suspend or terminate any Authorized User's access for violations of these Terms, though primary enforcement responsibility rests with the Customer. NeedStreet does not provide healthcare services and bears no liability for clinical care or professional services delivered through the platform.

DISPUTE RESOLUTION

Disputes between Team Users and Patient Users, or between Authorized Users and Customers, must be resolved directly between the parties. NeedStreet has no obligation to mediate user disputes or monitor communications within Virtual Practices.

Acceptable Usage Policy

This Acceptable Use Policy governs conduct by all Customers and Authorized Users of the ContinuousCare Platform Services. Violations may result in warnings, account suspension, or immediate termination depending on severity and potential harm to users, patients, or platform integrity.

ACCOUNT SECURITY REQUIREMENTS

• Maintain confidential, unique login credentials and enable two-factor authentication where required
• Do not share account access with unauthorized individuals
• Immediately report suspected account compromise or unauthorized access
• Accept full responsibility for all activities conducted through your account
• Use strong, unique passwords and update them regularly

HEALTHCARE-SPECIFIC USAGE REQUIREMENTS

• Use the platform solely for legitimate healthcare service delivery, practice management, and authorized patient engagement
• Provide healthcare services only within your licensed scope of practice and jurisdiction
• Maintain appropriate professional boundaries in all patient communications
• Ensure all clinical documentation meets applicable professional and regulatory standards
• Do not provide medical advice or services to individuals who are not your patients
• Seek appropriate emergency services rather than using platform tools for urgent medical situations

PROHIBITED ACTIVITIES

Users may not:

• Access patient information beyond what is necessary for their authorized role and responsibilities
• Share, disclose, or use patient health information for purposes other than authorized healthcare services
• Upload or transmit malicious code, viruses, or software intended to disrupt platform functionality
• Attempt to circumvent security measures, access unauthorized accounts, or gain system privileges
• Use automated tools, bots, or scrapers to access the platform without written permission
• Impersonate other individuals or entities, or create false or misleading profiles
• Post, transmit, or store content that is illegal, fraudulent, defamatory, or violates others' rights
• Use the platform for commercial purposes other than authorized healthcare service delivery and practice management
• Engage in activities that could harm platform performance, availability, or other users' access

DATA PROTECTION AND PRIVACY

• Process patient data only as necessary for authorized healthcare services
• Implement appropriate technical and administrative safeguards for data protection
• Report suspected data breaches or privacy incidents immediately
• Comply with all applicable data protection laws and regulations
• Customers are responsible for ensuring that required audit logs and access records are maintained in accordance with applicable regulations
• Provide patients with required notices regarding data processing and their privacy rights

PROFESSIONAL CONDUCT

• Maintain professional licensing and credentialing requirements
• Comply with applicable healthcare regulations, professional standards, and ethical guidelines
• Respect patient autonomy, privacy, and confidentiality

PLATFORM INTEGRITY PROTECTION

• Use the platform only for its intended healthcare-related purposes
• Do not attempt to reverse engineer, copy, or replicate platform functionality, except to the extent such restriction is prohibited by applicable law
• Respect intellectual property rights of NeedStreet and third parties
• Provide accurate information in all platform interactions and documentation
• Cooperate with platform security measures and compliance auditing

FEEDBACK AND INTELLECTUAL PROPERTY

If you provide feedback, suggestions, or recommendations regarding the Platform ("Feedback"), you grant NeedStreet a non-exclusive, royalty-free license to use such Feedback for product development purposes, excluding any Customer Confidential Information or Patient Data. You warrant that your Feedback does not include third-party proprietary information. NeedStreet has no obligation to implement any Feedback and retains discretion over product development decisions.

COMPLIANCE AND REGULATORY OBLIGATIONS

• Ensure platform usage complies with all applicable laws and regulations in your jurisdiction
• Customers are responsible for responding to inquiries from their own regulators. NeedStreet will provide commercially reasonable assistance to Customers in meeting regulatory obligations, consistent with applicable law and contractual terms
• Export and retain data as required by professional and legal obligations before account termination

ENFORCEMENT AND REMEDIES

NeedStreet reserves the right to:

• Monitor platform usage for security, compliance, and acceptable use violations
• Investigate reported violations and take appropriate enforcement action
• Suspend or terminate access immediately for serious violations or patient safety concerns
• Cooperate with law enforcement and regulatory authorities as required
• Block access from specific IP addresses or geographic regions to maintain platform integrity

AI-POWERED FEATURES USAGE

Use of AI-powered features is subject to additional terms and requirements detailed in the "AI-Powered Features" section of these Terms. Users must review and validate any AI-generated outputs before relying on them in clinical decision-making or patient communication.

Users agree to indemnify NeedStreet against damages, losses, or expenses arising from their violations of this Acceptable Use Policy.

AI-Powered Features

FEATURE SCOPE AND LIMITATIONS

AI-powered features, including AI Scribe functionality, use artificial intelligence to assist in generating clinical documentation, consultation notes, and related content ("AI-Generated Content"). These features are intended solely as drafting and administrative tools to support healthcare professionals and do not constitute medical advice, diagnosis, or treatment recommendations.

AI-Generated Content may contain errors, omissions, inaccuracies, or exhibit bias inherent in AI systems. The technology has limitations and may not capture all relevant clinical nuances or cultural considerations. Users acknowledge these inherent limitations of current AI technology.

MANDATORY HUMAN OVERSIGHT

You are solely responsible for reviewing, editing, verifying, and approving all AI-Generated Content before clinical use. Every AI-generated document must be reviewed by a qualified healthcare professional before incorporation into patient records or clinical decision-making.

You retain full professional responsibility for all clinical decisions, patient care, and documentation accuracy. AI features assist with documentation efficiency but do not replace professional clinical judgment, examination, or patient assessment.

AUTHORIZED USE REQUIREMENTS

• Only licensed healthcare professionals or their supervised staff may use AI features. Supervised staff must act under the direct oversight of a licensed healthcare professional, who remains fully responsible for their use of AI features.
• Use AI features only for patients under your direct care whom you have personally examined or treated
• Ensure all users understand AI limitations and review requirements
• Implement quality assurance processes to monitor AI content accuracy and identify recurring issues
• Maintain records of AI feature usage for potential regulatory audits

PROHIBITED USES

You may not use AI features to:

• Generate content for patients not under your direct care
• Create false, misleading, or fraudulent medical records
• Circumvent institutional review processes or professional standards
• Replace required clinical assessments or professional consultations
• Generate content for research purposes without appropriate oversight and approval

DATA PROCESSING FOR AI FEATURES

AI functionality requires processing of patient data and clinical information through our AI systems operating in no-retention mode. This processing occurs solely to generate requested documentation and improve service quality.

Your patient data and clinical information will not be used to train AI models or shared with third parties, except as required by law or specified in our Privacy Policy. AI processing logs may be retained for service improvement and security purposes in accordance with our data retention policies.

REGULATORY COMPLIANCE

You must ensure your use of AI features complies with all applicable professional standards, licensing requirements, and healthcare regulations. AI-Generated Content must be reviewed for regulatory compliance before use. NeedStreet provides usage logging of AI features, and Customers are responsible for reviewing and retaining such records in accordance with their regulatory obligations.

SERVICE AVAILABILITY AND MODIFICATIONS

AI features depend on third-party services and may be unavailable due to technical issues, maintenance, or service provider limitations. We will provide reasonable notice of planned maintenance when possible.

We may update, modify, or replace AI models to improve performance, accuracy, or compliance. Such updates may change the output style, format, or content. We reserve the right to discontinue AI features with 30 days' notice, with reasonable transition assistance provided.

LIABILITY AND WARRANTIES

AI features are provided "as is" without warranties regarding accuracy, completeness, bias-free operation, or fitness for any particular purpose. We disclaim all warranties related to AI-Generated Content performance or suitability for clinical use. Nothing in this section limits NeedStreet’s obligations to implement appropriate security, privacy, and data protection measures as set out in these Terms and our Privacy Policy.

You agree to indemnify NeedStreet against any claims, damages, or losses arising from your use of AI features, including malpractice claims, regulatory violations, or patient harm resulting from reliance on inadequately reviewed AI-Generated Content or failure to follow required oversight procedures.

INTELLECTUAL PROPERTY

AI-Generated Content created through the platform becomes part of your Customer Data. The platform integration, user interfaces, and system improvements for AI feature delivery remain the intellectual property of NeedStreet. Underlying AI models are owned by their respective third-party providers.

Beta Features

We may offer experimental Beta Features to selected customers for testing purposes. Beta Features are under development, may contain errors or performance issues, and could be discontinued without notice. Participation requires explicit opt-in consent acknowledging these risks. Exercise enhanced caution when using Beta Features in clinical practice. We recommend obtaining patient consent for experimental feature use and maintaining alternative workflows in case of unavailability.

Beta Feature data receives the same security protections as other Customer Data, though export capabilities may be limited. By participating, you grant us permission to collect usage analytics (excluding patient health information) to improve features. Beta Features may be discontinued anytime, potentially with 7 days’ notice when possible. Upon termination, access ends immediately and data may be lost unless exported. Should you choose not to subscribe to the plans under which the Beta Features will be eventually supported, or if we choose to terminate such Beta features, you will lose access to content created as a result of using such Beta features.

Beta Features are provided "as is" with limited support and no warranties. We disclaim all obligations and liabilities with respect to such features. The information about such Beta features and their capabilities are limited to customers to whom they are made especially available and this is covered by the confidentiality clause in our Terms of Use.

API Usage Policy

API access is available only to Customers with active subscriptions on plans that include API support. API usage requires express authorization from the primary account owner and is restricted to legitimate business purposes supporting the Virtual Practice's authorized users.

API CREDENTIALS AND SECURITY

• Keep all API credentials confidential and secure
• Do not share API credentials with unauthorized parties
• Access APIs only through credentials generated specifically for your Virtual Practice
• Implement secure credential storage and transmission practices
• Rotate API credentials regularly and immediately upon suspected compromise
• Report suspected credential breaches immediately to NeedStreet

USAGE RESTRICTIONS

• Use APIs only for authorized healthcare service delivery and practice management
• Comply with all applicable rate limits and usage quotas
• Do not attempt to exceed, circumvent, or reverse engineer API limitations
• Implement appropriate error handling and retry mechanisms
• Use APIs in accordance with published documentation and best practices

THIRD-PARTY SERVICE PROVIDERS

If using third-party developers or service providers for API integration:

• Ensure they sign agreements providing data protection at least as protective as these Terms
• Limit their data access to what is necessary for contracted services only
• Verify their compliance with applicable healthcare and data protection regulations
• Maintain ability to immediately revoke their access
• Provide their identity to NeedStreet upon request
• Remain fully responsible for their compliance with these Terms

DATA PROTECTION AND COMPLIANCE

• Process API-accessed data only as authorized and necessary for healthcare services
• Implement appropriate technical and administrative safeguards for API data
• Maintain audit logs of API usage as required by applicable regulations
• Ensure API integrations comply with HIPAA, GDPR, and other applicable data protection laws
• Report any suspected data breaches involving API access immediately

MONITORING AND ENFORCEMENT

NeedStreet reserves the right to:

• Monitor API usage for security, compliance, and acceptable use
• Temporarily suspend API access for suspected violations or security concerns, with notice to the Customer where reasonably feasible
• Require additional security measures or compliance verification
• Terminate API access immediately for material breaches

LIABILITY AND INDEMNIFICATION

You are fully responsible for all API usage under your account, including actions by authorized third parties. You agree to indemnify NeedStreet against claims, damages, or losses arising from misuse of the API, integration errors, or violations of applicable laws/regulations (purple), including security breaches, compliance violations, or unauthorized data access.

Subscriptions, Credits & Payments

Subscription Plans

All use of a Virtual Practice on the ContinuousCare platform by a Customer and their Authorized Users is based on an active subscription to a relevant Subscription Plan. A Subscription Plan defines the scope and level of usage of the Platform Services by the Customer and their Authorized Users. Additionally, add-on services and usage-based features accessed through Credits are available to enhance the Virtual Practice experience.

Customers may register for a free trial of the Virtual Practice, during which the service will be available free of charge until the end of the trial period or its earlier termination at NeedStreet's discretion. The free trial period is intended for customers to evaluate whether the product meets their requirements. Credit-based features will have limited availability during trial periods, based on a limited set of trial Credits automatically assigned by the system to trial accounts. Trial access is not guaranteed upon registration and may be declined without notice or explanation.

If a subscription is not purchased before the trial expires, the Virtual Practice account will be deactivated.

Credits System

Overview

Credits are digital tokens that enable access to specific usage-based features within the Virtual Practice, including but not limited to AI-powered tools. Credits may be obtained through allocations defined in subscription plans and/or purchased separately.

Credit Requirements and Eligibility

• Credits can only be purchased by Customers with active subscription plans
• Certain features within the Virtual Practice require Credits for usage
• Credits allocated during the Trial have a 30 day expiry and any unused Trial Credits will continue to be available until their expiry once an active Subscription starts.
• If a subscription is not purchased before trial expiry any unused trial Credits will be forfeited.
• Credit requirements for specific features are displayed within the platform interface
• NeedStreet reserves the right to modify Credit requirements for features and Credit pricing with at least seven (7) days' notice

Types of Credits

Subscription-Allocated Credits

• Each subscription plan includes a monthly allocation of Credits that are automatically added to the Customer's account upon new subscription or monthly renewal.
• These Credits must be used within the monthly subscription period and will expire at the end of each monthly subscription cycle if unused, even if on an annual billing.
• Unused Subscription-Allocated Monthly Credits do not carry forward to subsequent months.
• NeedStreet reserves the right to discontinue this option and/or change the frequency of credit allocation.

Purchased Credits

• Customers may purchase additional Credits through available credit bundles via the Virtual Practice interface
• Purchased Credits do not expire and remain available until used or until the Customer’s account is deactivated or terminated.
• Subscription-Allocated Credits are consumed before Purchased Credits

Credit Purchase and Payment

• Credits are sold in predetermined bundles as displayed in the platform
• All Credit purchases require payment in full at the time of purchase
• Credit purchases are processed through the platform's integrated payment system, which may require separate payment method entry even if a subscription payment method is already on file with the third-party payment processor.
• Invoices for Credit purchases are available for download through the Customer account interface

Auto-Recharge Feature

Customers may enable an auto-recharge setting that automatically purchases additional Credits when the account balance falls below a specified threshold. No customer payment details are stored on the ContinuousCare platform by NeedStreet - payment information is securely stored only with our third-party payment processor to enable auto-recharge functionality. By enabling auto-recharge:

• Customer authorizes NeedStreet to charge their stored payment method for the predetermined Credit bundle amount. Customer can modify or disable auto-recharge settings at any time through their account interface
• NeedStreet is not responsible for failed auto-recharge transactions due to payment method issues
• Customers remain responsible for monitoring their Credit usage regardless of auto-recharge settings

Credit Usage and Monitoring

• Credits are automatically deducted when using Credit-enabled features
• Current Credit balance is displayed in the Customer's account interface
• Customers may opt to receive low-balance notifications via email or SMS, subject to external messaging system availability
• It is the Customer's sole responsibility to monitor Credit usage and maintain adequate Credit levels
• Features requiring Credits will be inaccessible when insufficient Credits are available

Credit Limitations and Restrictions

• Credits are non-transferable between accounts
• Credits cannot be converted to cash or applied toward subscription fees
• Credit-enabled features often rely on third-party services and external dependencies; therefore, NeedStreet makes no guarantees regarding the availability, performance, reliability, or uptime of such features
• Customers acknowledge that AI-powered features may produce varying results, and dissatisfaction with feature output does not constitute grounds for Credit refund or adjustment. Customer's sole remedy for any issues with Credit-enabled features is to discontinue their use.

Pricing & Payments

Billing & Payment

• Subscription fees are payable in advance for the upcoming subscription term
• Credit purchases are charged immediately upon transaction completion
• Customers may choose between monthly or annual subscription plans
• Add-on services are billed annually in advance
• All subscriptions and Credit purchases are managed and paid for online via the Virtual Practice subscription and payments interface

Automatic Subscription Renewal

• All subscriptions automatically renew at the end of the billing cycle for a new term of equal duration
• No customer payment details are stored on the ContinuousCare platform by NeedStreet - payment information is securely stored only with our third-party payment processor to enable automatic subscription renewals to prevent disruption of service
• Subscription renewal amount will be calculated based on the number of active Team Users at the time of renewal
• If additional Team Users are added during an active subscription cycle, an updated invoice is sent immediately
• Subscription-Allocated Monthly Credits are automatically added upon each subscription renewal
• Customers are responsible for monitoring their subscription renewal dates and must cancel through the Virtual Practice subscription interface prior to renewal if they do not wish to continue service, as automated renewals will be processed and charged in accordance with the non-refundable subscription policy.

Upgrades & Downgrades

• Customers may upgrade their subscription at any time by paying the incremental cost, calculated on a pro-rata basis
• Downgrading an account may result in loss of access to certain features and/or content, and does not entitle the Customer to a refund
• In the case of a downgrade, the prorated remaining balance will be applied toward the new plan
• Purchased Credits remain unaffected by subscription changes
• Monthly Credit allocations will be recalculated pro-rata during upgrades/downgrades
• NeedStreet is not responsible for any operational limitations caused by a downgrade

Usage-Based Charges

Apart from AI-powered features and tools, the following platform capabilities may be subject to Credit-based charging going forward:

• Video consultation minutes
• Data storage beyond plan allocations
• SMS and messaging services
• Mobile push notifications

Customers using their own third-party service accounts (e.g., SMS gateways) will pay their service providers directly for services.

Cancellations

• Customers may cancel their subscription at any time by initiating cancellation through the Virtual Practice interface
• A cancelled subscription remains active until the end of the current billing cycle, after which the Virtual Practice account will be deactivated
• Upon cancellation, no additional Subscription-Allocated Credits will be provided
• Purchased Credits will be forfeited upon account deactivation without refund
• Deactivated accounts remain available for reactivation for up to 30 days upon payment of outstanding subscription fees
• If an account is reactivated within 30 days, any non-expired Monthly Credits and Purchased Credits will be restored
• After 30 days, the account and all associated Customer Data will be permanently deleted, unless otherwise agreed in writing
• NeedStreet is not responsible for any data loss or Credit forfeiture resulting from account deactivation or deletion

Refunds

Subscription Fees

• All subscription fees are non-refundable, including in cases of account cancellation, termination, or downgrade
• Customers purchasing subscriptions through a Reseller must request refunds (if applicable) directly from the Reseller
• If refunds are issued under the terms of this policy, the refund will be processed to the original payment method used for the transaction or via payment link issued by the customer.

Credits

• ALL CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE
• No refunds will be provided for unused Credits, regardless of circumstances including but not limited to:
• Account cancellation or termination
• Subscription expiration or downgrade
• Dissatisfaction with Credit-enabled feature performance or output
• Technical issues preventing Credit usage
• Customer's failure to use Credits before account deactivation
• NeedStreet has no liability for Customer's non-use of Credits

Service Disruptions & Policy Changes

• Unexpected changes in app store policies that affect the ability to publish custom mobile apps do not entitle the Customer to a refund
• Pricing, subscription plan, and Credit pricing changes will be communicated via email and on the NeedStreet website
• Customers can continue their subscription and Credit purchases at updated pricing or cancel before the next renewal period
• Changes to Credit requirements for features and Credit pricing will be communicated with seven (7) days' notice

Taxation & Compliance

• Unless otherwise stated, NeedStreet's fees do not include any local, state, federal, or foreign taxes, levies, or duties
• Customers are responsible for all applicable taxes associated with their subscription and Credit purchases
• If NeedStreet is legally required to collect applicable taxes, the appropriate amount will be invoiced to and paid by the Customer, unless a valid tax exemption certificate is provided

Resellers

If a subscription and/or add-on services are purchased through a Reseller:

• The Customer is responsible for any account access provided to the Reseller
• Payments for reseller-purchased subscriptions must be made directly to the Reseller
• The Reseller will place a Subscription Order with NeedStreet and is responsible for making payments to NeedStreet
• Failure of the Reseller to make timely payments may result in the suspension or termination of the Virtual Practice account
• Any applicable refunds for subscriptions purchased through a Reseller will be made to the Reseller, who is solely responsible for refunding the Customer
• Credit purchases through Resellers are subject to the same non-refundable terms as direct purchases

Privacy Policy

All users of NeedStreet’s ContinuousCare Platform Services are also bound by the Privacy Policy

Custom App Updates & Maintenance

Deployment of test and production updates of the Customer’s white-labelled mobile applications (if any) to the Google Play and Apple iTunes App Stores, will be made periodically. Certain app updates will be provisioned as mandatory updates requiring all end users to update their installed app versions before continued use.

• Ensuring continued access to the Customer’s App Store accounts by NeedStreet, in order to effect test and production updates is the responsibility of the Customer. NeedStreet bears no responsibility of consequences of such access being unavailable at any point.
• The Customer is responsible for ensuring that the Terms and Privacy Policy applicable to the Customer’s mobile applications and their usage, are maintained and updated by the Customer and correctly specified in the App Store settings.
• Maintenance and updates of marketing content, including screenshots, descriptions are solely the responsibility of the Customer. The Customer is also responsible for monitoring and responding to their own user reviews (if any).
• NeedStreet bears no responsibility in unavailability/downtime of the Apple iTunes and/or Google Play services and any subsequent impact that may have in submission of application updates. Nor is NeedStreet responsible for the App Store verification process duration and outcomes on either of these platforms, given the inconsistencies involved in these factors.

Infrastructure Maintenance & Monitoring

Maintenance and monitoring services provided by NeedStreet for your Virtual Practice instance includes the following:

• Deployment of production web and server application updates to the cloud infrastructure. Such application updates are made after comprehensive planning, preparations and testing in development and staging environments which mirrors the Production environment. Deployments are as far as possible done without downtime except for major application and/or infrastructure updates. Major updates requiring downtime will as far as possible be planned and notified to the Customer at a minimum of 48 hours in advance.
• Backup of all the Customer Data is kept in multiple physical locations with Highly Redundant storage. There is a well maintained and tested Disaster Recovery plan in case of any unexpected circumstances.
• Monitoring of all core components, application parameters and logs are handled by the Platform Operations team. Alerts are raised for errors beyond set thresholds. The objective of monitoring services is to help ensure high availability of the Customer’s Virtual Practice instance, except during scheduled maintenance downtimes and the following scenarios which are beyond the control of NeedStreet:
• Issues related to third-party services used by your Virtual Practice (including the cloud infrastructure, communication services, media streaming services etc.).
• Issues caused by external applications used in conjunction with or integrated with your Virtual Practice
• External network issues between the platform infrastructure and the Authorized Users of the Virtual Practice
• Intentional malicious attacks on the platform services, that bypass all security measures that are in place.

Any issues affecting availability of the Virtual Practice will be dealt with on an emergency basis, with a response time not exceeding two hours from point of noting the issue. The restoration of availability in such cases is subject to the cause of the underlying issue, but all efforts will proceed continuously until the Virtual Practice service is restored. The following scenarios do not qualify as periods of unavailability:

• Scheduled maintenance downtimes
• Slowness with certain features or performance degradation
• Failure by Authorized Users to access or use the applications due to issues with their network connectivity to the application services, issues with their devices or usage of incompatible browsers or operating systems.
• Delays with uploading, sharing, or processing files
• Issues with or unavailability of any integrated third party services
• Issues with certain application functionalities

Expedited Feature Updates

For customers on subscription plans, custom development of features within the Virtual Practice and its associated applications is not supported. However, customers who wish to accelerate the implementation of certain accepted roadmap features—on a timeline different from the platform's planned availability—can opt for the Expedited Update service, subject to the company's availability and development priorities.

The Expedited Update service allows for the prioritized release of selected features in exchange for a fixed expediting service fee, which represents only a portion of the overall development cost. This process is governed by a Statement of Work (SOW) that specifies the scope and timelines for the expedited feature update.

NeedStreet retains the right to design and implement these expedited features in alignment with the platform’s overall needs and may consider, but is not obligated to adopt, customer feedback. Additionally, NeedStreet reserves the right to further evolve these features in accordance with the platform’s roadmap. All intellectual property rights to expedited feature updates will remain exclusively with NeedStreet.

Third Party Services

• NeedStreet is not responsible for the accuracy and reliability of health data ready from health sensors and devices that the ContinuousCare platform and apps may interface with. This includes direct device interfaces and also account interfaces of third-party services that you as the user might authorize the platform apps to interface with. Such interfaces are not indicative of any endorsement or recommendation by NeedStreet of those devices or services.
• NeedStreet is also not responsible for the functioning and reliability of any third-party services that you may choose to interface with now or in the future (from among authorized third-party interfaces) to further the functionality of your Virtual Practice. Terms of use applicable to those services must be complied with, in addition to NeedStreet’s own Terms of Use.
• NeedStreet’s provisioning of a custom mobile application for a Customer is solely limited to the development, maintenance and submission to the app store accounts (Google Play and/or Apple iTunes) of the Customer. NeedStreet is in no way responsible for the setup, payment, maintenance and security of the Customer’s own app store accounts beyond using it to submit application builds for review. The Customer is solely responsible for providing necessary organization verification inputs and documents to Apple and/or Google Pay as may be required by them. NeedStreet is also not liable for delays in app publishing caused by the app store review process. NeedStreet’s responsibilities during the review process are specifically limited to responding to any technical clarifications or technical defects that may be raised during the review process.
• NeedStreet is not responsible for the policies, pricing and payments of third-party services (such as hosting, SMS, streaming, mobile application stores etc.) integrated with a Customer’s installation. It is solely the Customer’s responsibility to make timely payments to such third-party services and NeedStreet is not liable for non-functioning of any aspect of the Virtual Practice functionality nor its uptime, caused by non-availability of third-party services due to late payments towards such services or non-compliance with policies of the third party service.
• NeedStreet’s ContinuousCare website and Platform Services may include links to other websites, possibly in content within the apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only. We do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these sites external to NeedStreet.
• For customers using own email domains for sending of email notifications from their Virtual Practice, despite all relevant configuration of DNS, SPF, DKIM and DMarc settings, it can in rare cases be expected to observe some delay or potentially even initial delivery issues, due to the verification policies and algorithms of certain email services providers. This generally resolves after a certain level of usage, after which the emails are safely considered as non-spam. Beyond ensuring correct sending of email notifications, NeedStreet does not bear responsibility for the last point delivery of email notifications having no control over this external environment factor.
• Delivery of SMS messages depend on last mile carrier networks (in the recipients location) and there may be instances where messages verified as delivered by SMS gateway services may be reported to not have been received by the end user recipient. NeedStreet is responsible for ensuring the correct sending of notifications and supports multiple notification channels. However NeedStreet does not responsibility for the last point delivery of SMS notifications having no control over that factor. Customers are required to opt to use/not use SMS notification channels in their Virtual Practice according to the needs of their users and the delivery performance observed for their user base.
• Customer is solely responsible for ensuring correct configuration and operations of your SMS gateway service account. The customer is also responsible for registration with regulatory authorities in your country of operations (if applicable) and any associated registration of SMS templates for your brand, with concerned authorities.
• NeedStreet is not responsible for non-accessibility of the Customer’s Virtual Practice installation caused by wrong DNS settings made by the Customer.

Updates

• NeedStreet may change these Terms of Use (and any associated Policies) at any time, at its sole discretion, in whole or part. In the event of any material or substantial change in the terms and conditions NeedStreet may notify you by posting an announcement of the changes on its website, through its applications or by email. You are expected to periodically check these Terms of Use and associated policies for changes. By continuing to use the ContinuousCare Platform Services and it’s apps after any change to these Terms of Use, you acknowledge and accept the changes. The Terms of Use as they apply to you as a user, may not otherwise by amended.

Confidentiality

“Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as “Confidential” and/or “Proprietary”, or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information shall include, without limitation, the terms and conditions of the Agreement (including pricing and other terms reflected in all Order Forms), the Data, business and marketing plans, technology and technical information, financial information, business strategies, practices, procedures, methodologies, know-how, product designs, and business processes. Confidential Information (except for Data) shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party by the Receiving Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without use of the Confidential Information of the Disclosing Party; or (iv) is rightfully received from a third party not known by the Receiving Party to be subject to an obligation owed to the Disclosing Party.

The Receiving Party shall use practices consistent with generally accepted industry standards to protect the security of Confidential Information it receives from the Disclosing Party and to prevent the disclosure or use any such Confidential Information for any purpose other than to fulfill the purpose of the Agreement. Notwithstanding the foregoing: (a) the Receiving Party may disclose such Confidential Information to its employees and contractors, as well as those of its Affiliates, who have a need to know such information for purposes relating to the Agreement, and hereby certifies that prior to disclosure it will cause such employees and contractors to agree to be bound by terms and conditions of confidentiality substantially similar to those in this Agreement; and (b) each party may disclose the existence and terms of the Agreement: (i) in confidence, to a potential purchaser of or successor to any portion of such party’s business; (ii) to its attorneys, accountants and other advisors having a need to know the same; and (iii) if necessary to enforce its rights under the Agreement, provided that the Receiving Party uses reasonable efforts to limit such disclosure and to obtain confidential treatment of, or a protective order governing, the terms of the Agreement.

If the Receiving Party is requested to, or subject to a legal obligation to, disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with notice of the same as early as reasonably practical (if legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of the confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek immediate injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate. Customer acknowledges that NeedStreet is unable to guarantee absolute security of Data or Confidential Information and that NeedStreet has no liability to Customer for any unauthorized access or use of such Data or Information by a third party, or the corruption, deletion, destruction or loss of any such Data or Information.

Intellectual Property, Copyright and Trademarks

NeedStreet’s ContinuousCare platform services, applications and website, all content and information, visual designs and branding created by and for NeedStreet, and all intellectual property rights embodied therein, are the property of NeedStreet and are protected by trademarks, copyrights, patents, proprietory rights and IP laws.

NeedStreet, ContinuousCare and the Virtual Practice are the trademarks of NeedStreet. NeedStreet does not grant and rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its ContinuousCare platform, apps, content, website and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorisation of NeedStreet.

Attempting to use or access the ContinuousCare platform, apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. NeedStreet reserves the right at any time in its sole discretion to block and terminate users violating these terms, in addition to taking legal action where necessary.

Limited Warranty

To the extent allowed by applicable law, implied warranties on the Software, NeedStreet software and services are provided without any warranty of any kind, and NeedStreet hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. NeedStreet makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Limitation of Liability

THE USERS EXPRESSLY UNDERSTAND AND AGREE THAT NEEDSTREET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEEDSTREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH NEEDSTREET MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE.

THE LIMITATIONS ON NEEDSTREET’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT NEEDSTREET HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEEDSTREET, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN SERVICES PROVIDED BY THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT HAS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMS OF SERVICE AND YOUR TERMINATION OF YOUR ACCOUNT.

Termination

These Terms of Use take effect from the time you start using NeedStreet’s ContinuousCare Platform Services in any capacity, until it is terminated by you and/or NeedStreet as provided below.

• All your active free or paid subscriptions to the Virtual Practice and/or any of the ContinuousCare platform services expires due a cancelled subscription and/or expiry of a subscription that was not in auto-renewal mode.
• NeedStreet terminates your Virtual Practice and access to the ContinuousCare platform services due to breach of these Terms of Use by you and/or any Authorized Users of your Virtual Practice and associated Platform Services. Such termination may be with immediate effect.
• NeedStreet reserves the right to modify and/or discontinue its services at any time, for any reason including but not limited to violation of this agreement. In cases where the cause is not due to violation of this agreement (Terms of Use), at least thirty (30) days prior notice will be provided.

On termination of your account, you will no longer be able to use your Virtual Practice account or any Platform Services of the platform. The same will apply to Authorized Users in your Virtual Practice. Any obligations you may have prior to effective date of termination must be met. Any termination does not relieve the Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

In the case of terminations with cause, there will be no refund of subscription payments, for the period between date of termination and date of expiry of the current subscription. NeedStreet also retains the right to pursue any action to remedy breach of these Terms of Use.

During the active term or subscription of a Virtual Practice, the Customer will be permitted to export Customer Data from the Platform Services; After termination or expiration of Virtual Practice subscriptions, we will have no obligation to maintain or provide any Customer Data; unless legally required to maintain the data for other reasons, we may delete all Customer Data in our systems.

Assignment

Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Agreement in its entirety (including all order forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying NeedStreet of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.

Jurisdiction and Governing Law

These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Trivandrum, India. These Terms of Use and associated policies shall be admissable in all legal proceedings. Use of the ContinuousCare platform and its services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

Release for Force Majeure

NeedStreet and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which NeedStreet or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

General Provisions

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof. You may not assign or sub-license any of the rights and obligations under this Agreement without prior written consent of NeedStreet. Any notices in this regard need to be delivered in written format and acknowledged as received. NeedStreet may subcontract its responsibilities under this Agreement, without your consent to a third party considered by NeedStreet in good faith to be of equal standing and integrity provided that material provisions of this Agreement shall be reflected in any agreement entered into between NeedStreet and such third party. No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.