ZypHeal Terms of Use

These Terms and Conditions (“Terms”), together with the ZypHeal Privacy Policy and the ZypHeal Consent Form (each incorporated herein by reference), constitute a legally binding agreement (“Agreement”) between you (“You”, “Your”, “User”, “Patient”) and [ZypHeal Private Limited] (“ZypHeal”, “We”, “Us”, “Our”), a company incorporated under the Companies Act, 2013, having its registered office in Bengaluru, Karnataka, India. This Agreement governs Your access to and use of the ZypHeal website, mobile application and any other digital or offline channel through which ZypHeal services are offered (collectively, the “Platform”), and Your receipt of any healthcare or allied service booked through the Platform (“Services”).

By creating an account, booking a Service, or otherwise using the Platform, You confirm that You have read, understood and agree to be bound by this Agreement. If You do not agree, please do not use the Platform or avail any Service.

1. Definitions

• “Care Recipient” means the individual who actually receives a Service — who may be the User, or a family member, dependant, minor, or elderly relative on whose behalf the User has booked the Service.

• “Clinical Staff” means ZypHeal’s salaried nurses, physiotherapists, phlebotomists and other clinical personnel who deliver in-person Services, as distinct from independent or gig practitioners.

• “Service Address” means the residential or other address at which a home-based Service is scheduled to be delivered.

• “Service Area” means the geo-fenced PIN codes/localities within a city where ZypHeal has confirmed it can deliver home-based Services at the time of booking.

• “Subscription” or “Care Plan” means any bundled, recurring or chronic-care membership offered by ZypHeal covering one or more Service lines.

• “Partner” means any third-party diagnostic laboratory, pharmacy, hospital, ambulance provider or empanelled specialist that ZypHeal engages to fulfil part of a Service.

2. Nature of ZypHeal and Scope of Services

ZypHeal is a healthcare services company that directly employs its Clinical Staff on a salaried basis and, in addition, works with empanelled Partners for certain elements of fulfilment (such as diagnostic testing, pharmacy dispensing, and specialist medical opinions). Depending on the Service booked, ZypHeal may act as the direct service provider (for nursing and physiotherapy Services delivered by its own Clinical Staff) or as a facilitator connecting You to a Partner (for certain diagnostics, pharmacy, or specialist consultations). The applicable role will be indicated at the time of booking.

Services currently offered on the Platform include, without limitation: in-home nursing care, physiotherapy, diagnostics and sample collection (phlebotomy), medicine delivery, virtual doctor consultations, vaccination, nutrition counselling, and mental health support. Not every Service is available in every city or Service Area, and availability may change without prior notice.

What ZypHeal is not: ZypHeal is not a hospital, emergency room, ambulance service, or a substitute for emergency medical care. ZypHeal does not perform surgery, ICU-level care, or any procedure requiring hospital-grade equipment or specialist infrastructure. See Section 10 (Medical Emergencies) below.

3. Eligibility and Registration

• You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872 to register an account on the Platform.

• You may book Services on behalf of a Care Recipient (including a minor child, an elderly parent, or another dependant) provided You are their parent, legal guardian, or are otherwise duly authorised to act on their behalf, and You accept full responsibility for the accuracy of the information provided and for compliance with this Agreement on their behalf.

• Where multiple Care Recipients are registered under a single account or contact number (for example, family members under one Subscription), the primary account holder confirms they are authorised to consent and transact on behalf of each such Care Recipient, and ZypHeal shall not be liable for any dispute between the account holder and a Care Recipient regarding such authorisation.

• You are responsible for maintaining the confidentiality of Your login credentials and for all activity under Your account, whether or not authorised by You. Notify ZypHeal immediately of any suspected unauthorised use.

• You must provide true, accurate, current and complete information (including medical history) at registration and at every subsequent Service booking. ZypHeal is not responsible for any consequence arising from incomplete, outdated or inaccurate information supplied by You.

4. Booking, Scheduling and Service Areas

Bookings are confirmed subject to availability of Clinical Staff within Your Service Area and PIN code at the requested time slot. ZypHeal uses geo-fenced scheduling to batch visits efficiently; as a result, exact visit times are indicative and may vary within a reasonable window communicated at the time of booking.

• If Your Service Address falls outside a serviceable PIN code, ZypHeal reserves the right to decline, delay, or offer an alternative (such as a virtual consultation) in place of an in-home visit.

• You must ensure someone competent and, where relevant, of appropriate age is present and available at the Service Address at the scheduled time to receive Clinical Staff and provide any consents or information required.

• ZypHeal will make reasonable efforts to notify You of delays; however, traffic, weather, prior-visit overruns, or other Service Area conditions may affect exact arrival times.

5. Home Visit Conduct, Access and Safety

Because certain Services involve Clinical Staff entering Your home, the following terms apply specifically to home-based visits, in addition to the ZypHeal Consent Form which You must accept separately before any home visit:

• You are responsible for providing a safe, hygienic, and reasonably lit environment for the Service to be delivered, including secure control of pets and any other hazards known to You.

• Clinical Staff carry ZypHeal identification and are entitled to verify the identity of the Care Recipient and, where applicable, the authorised adult present, before commencing any procedure.

• ZypHeal Clinical Staff reserve the right to decline to commence, pause, or terminate a visit — without it being treated as a cancellation by ZypHeal for refund purposes — where they reasonably believe the premises, the Care Recipient, or any other person present poses a safety, health, hygiene, or security risk to Clinical Staff, including but not limited to threats, verbal or physical abuse, intoxication of the Care Recipient/attendant, or unsafe animals.

• ZypHeal Clinical Staff will not administer any procedure, medication, or intervention outside their trained scope of practice, and will escalate to a virtual doctor or refer You to an appropriate hospital where clinically necessary.

• Any photography or documentation taken by Clinical Staff at the Service Address (for example, to verify wound status or exercise form) will be limited to clinical necessity and handled per the ZypHeal Consent Form and Privacy Policy.

6. Virtual Doctor Consultations

Virtual consultations are provided in accordance with applicable Indian telemedicine regulations, including the Telemedicine Practice Guidelines issued under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations. You acknowledge that:

• A virtual consultation has inherent limitations compared to an in-person physical examination, and the consulting doctor may require an in-person visit, diagnostic tests, or referral to a hospital based on clinical judgment.

• Virtual consultations are not appropriate for medical emergencies. If You believe You or the Care Recipient is facing a medical emergency, You must immediately contact local emergency services or the nearest hospital rather than relying on the Platform.

• Prescriptions issued through virtual consultations are subject to the professional judgment of the consulting doctor and applicable law, and certain categories of medication may not be prescribable without an in-person examination.

9. Subscriptions and Chronic Care Plans

ZypHeal may offer bundled Subscriptions covering multiple Service lines, priced and structured as described on the Platform at the time of purchase, intended primarily for preventive and chronic-care management. Key terms:

• Subscription entitlements (number of visits, consultations, or tests included) are as stated in Your specific plan and do not roll over between billing cycles unless expressly stated.

• Subscription cancellation, pro-rated refunds, and free-look periods are governed by the ZypHeal Cancellation and Refund Policy.

• A Subscription is a facilitation and care-coordination arrangement and, unless expressly stated on the Platform, is not an insurance product and does not guarantee treatment outcomes.

10. Medical Emergencies and Limitations of Service

ZypHeal Services are designed for planned, non-emergency home healthcare, diagnostics, medicine delivery, and virtual consultation. ZypHeal Services are not designed or equipped for medical emergencies, including but not limited to cardiac arrest, stroke, severe trauma, loss of consciousness, or any life-threatening condition.

• In case of an emergency, You must immediately call local emergency services or proceed to the nearest hospital. Clinical Staff present at a home visit will provide reasonable first-response assistance and help coordinate emergency transfer where feasible, but ZypHeal does not guarantee ambulance availability, response time, or hospital bed availability.

• Where ZypHeal has a referral or priority-support arrangement with partner hospitals for critical cases, such arrangement is a best-efforts facilitation and not a guarantee of admission, treatment, or outcome.

11. Fees and Payment

• All fees are as displayed on the Platform at the time of booking, inclusive of applicable taxes unless stated otherwise.

• Payments are processed through ZypHeal’s payment gateway partner (Razorpay). ZypHeal does not store Your card, UPI, or net-banking credentials; these are handled directly by the payment gateway in accordance with applicable RBI and data security regulations.

• ZypHeal reserves the right to revise its price list, Subscription fees, or applicable charges from time to time; any such revision will apply prospectively and will not alter fees already paid for a confirmed booking or active Subscription term.

12. Cancellation, Rescheduling and Refunds

Cancellation windows, rescheduling terms, no-show consequences, and refund timelines for each Service type are set out in the separate ZypHeal Cancellation and Refund Policy, which forms part of this Agreement by reference.

13. Your Responsibilities and Representations

• You will provide accurate medical history, current medications, allergies, and relevant health information necessary for safe delivery of the Service.

• You will ensure the safety of Clinical Staff at the Service Address and treat them with courtesy and respect.

• You will use the Platform and Services only for lawful, genuine personal or family healthcare needs, and not for any fraudulent, abusive, or commercial purpose without ZypHeal’s written consent.

• You will make payment for Services availed in accordance with the applicable fee structure.

14. Prohibited Conduct

• Threatening, abusive, discriminatory, or violent behaviour towards Clinical Staff or ZypHeal personnel.

• Providing false medical information, false identity, or misrepresenting the Care Recipient’s condition.

• Attempting to solicit Clinical Staff for services outside the Platform, or offering payment directly to Clinical Staff in a manner intended to bypass ZypHeal’s systems.

• Any misuse of Subscription entitlements, HealthCash, discounts, or promotional offers, including sharing of account access for such purpose.

ZypHeal reserves the right to suspend or terminate access to the Platform, without refund of any misused entitlement, where it reasonably believes any of the above has occurred.

15. Data Privacy and Consent

ZypHeal collects and processes Your personal data, including sensitive personal data such as health information, in accordance with the Digital Personal Data Protection Act, 2023 (“DPDPA”) and other applicable Indian data protection law, as further described in the ZypHeal Privacy Policy and the ZypHeal Consent Form. By using the Platform, You consent to such collection and processing for the purposes described therein, including sharing with empanelled Partners strictly for fulfilment of the Service You have booked.

• Your health data is stored on servers located in India in accordance with applicable data localisation requirements.

• You may withdraw consent for non-essential processing (such as marketing communication) at any time; withdrawal of consent for processing that is essential to deliver a booked Service may result in ZypHeal being unable to complete that Service, as further detailed in the Consent Form.

16. Intellectual Property

All content, trademarks, logos, software, and materials on the Platform are the property of ZypHeal or its licensors. You may not copy, reproduce, reverse-engineer, or create derivative works from the Platform except as necessary for Your personal, non-commercial use of the Services.

17. Disclaimers

To the fullest extent permitted by applicable law, the Platform and Services are provided on an “as is” and “as available” basis. While ZypHeal directly employs and trains its Clinical Staff and takes reasonable care in service quality, ZypHeal does not warrant that Services will be uninterrupted, error-free, or will achieve any particular health outcome. Individual clinical outcomes depend on numerous factors beyond ZypHeal’s control, including the Care Recipient’s underlying condition and adherence to medical advice.

Where a Service is fulfilled through a Partner, ZypHeal facilitates the engagement in good faith but does not guarantee the acts, omissions, advice, or quality of care provided by that independent Partner, save to the extent ZypHeal has been negligent in its own selection, supervision, or facilitation processes.

18. Limitation of Liability

To the maximum extent permitted by law, ZypHeal’s aggregate liability arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by You for the specific Service giving rise to the claim in the twelve (12) months preceding the event. Nothing in this Agreement excludes or limits liability for death or personal injury caused by ZypHeal’s proven negligence, fraud, or any liability that cannot be excluded under applicable law.

19. Indemnification

You agree to indemnify and hold ZypHeal, its directors, employees, and Clinical Staff harmless from any claim, loss, or damage (including reasonable legal costs) arising from Your breach of this Agreement, provision of inaccurate information, unsafe conduct at the Service Address, or unlawful use of the Platform.

20. Suspension and Termination

ZypHeal may suspend or terminate Your account or access to the Platform, with or without notice, where You breach this Agreement, engage in Prohibited Conduct, or where continuing the relationship poses a safety, legal, or regulatory risk to ZypHeal or its Clinical Staff. You may close Your account at any time by writing to ZypHeal’s support team; outstanding Subscription refunds, if any, will be processed as per the Cancellation and Refund Policy.

21. Force Majeure

ZypHeal shall not be liable for any delay, interruption, or failure to perform any Service caused by events beyond its reasonable control, including natural disaster, pandemic or public health directive, fire, flood, strike, riot, war, act of government, internet or telecom outage, or civic unrest affecting a Service Area.

22. Grievance Redressal

If You have a grievance regarding the Platform, a Service, or the processing of Your personal data, please write to ZypHeal’s Grievance Officer at grievance@zypheal.com. ZypHeal will acknowledge grievances within a reasonable time and endeavour to resolve them within thirty (30) days, in line with applicable Indian law.

23. Amendments

ZypHeal may update this Agreement from time to time. Material changes will be notified to You through the Platform or via email/SMS/WhatsApp. Continued use of the Platform after such notice constitutes Your acceptance of the amended Agreement.

24. Governing Law and Jurisdiction

This Agreement is governed by the laws of India. Subject to Section 22 (Grievance Redressal), the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.

25. Miscellaneous

• Severability: if any provision of this Agreement is held invalid, the remaining provisions will continue in full force.

• No waiver: ZypHeal’s failure to enforce any provision shall not be treated as a waiver of that or any other provision.

• Assignment: You may not assign Your rights under this Agreement without ZypHeal’s written consent; ZypHeal may assign this Agreement in connection with a merger, acquisition, or sale of substantially all its assets, with notice to You.

• Entire Agreement: this Agreement, together with the Privacy Policy and Consent Form, constitutes the entire agreement between You and ZypHeal regarding the Platform and Services.

26. Contact Us

For any questions about these Terms, please contact us at support@zypheal.com