End User License Agreement (EULA)

1. INTRODUCTION

This End User License Agreement ("Agreement") is a legally binding agreement between you ("User" or "End-User") and Dr. M. Choundappan ("Licensor" or "Developer"), located at:

Vanitha Hospital
3/231, Sankagiri Main Road
Kondalampatty, Salem
Tamil Nadu – 636002
India

This Agreement governs your use of the SurgMD mobile application ("Application").

By downloading, installing, or using the Application via the Apple App Store or Google Play Store ("Services"), you agree to be bound by this Agreement.

2. ACKNOWLEDGEMENT

• This Agreement is between the User and the Developer only
• Apple Inc. and Google LLC are not parties to this Agreement
• The Developer is solely responsible for:
  • The Application
  • Its content
  • Maintenance and support
  • Warranty and liability

This Agreement does not supersede:

• Apple Media Services Terms and Conditions
• Google Play Terms of Service

3. THE APPLICATION

SurgMD is a digital clinical logging and productivity application intended for use by licensed healthcare professionals to:

• Document clinical and surgical cases
• Maintain structured logs for personal and professional reference
• Organize case-related images and notes

The Application is not intended to function as a regulated Electronic Medical Record (EMR) system.

4. SCOPE OF LICENSE

Subject to compliance with this Agreement, the Developer grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to install and use the Application.

You may:

• Use the Application for personal logging of cases

You may NOT:

• Use the Application in a healthcare setting, including but not limited to hospitals or clinics, as an Electronic Medical Record (EMR) system
• Sell, rent, lease, sublicense, or redistribute the Application
• Reverse engineer, decompile, or attempt to extract source code
• Use the Application in violation of applicable laws or medical regulations

This license also applies to updates unless otherwise specified.

5. TECHNICAL REQUIREMENTS

Use of the Application requires:

• Compatible iOS or Android device
• Internet connectivity for certain features
• Updated operating system versions

The Developer shall not be liable for issues arising from unsupported devices or outdated software.

6. MAINTENANCE AND SUPPORT

The Developer may, at its sole discretion, provide maintenance and support services. Apple and Google have no obligation to provide such services.

7. CLINICAL AND REGULATORY DISCLAIMER

7.1 No Medical Advice or Diagnostic Services

The Application is a clinical productivity tool and does not provide medical advice, diagnosis, or treatment recommendations. All clinical decisions remain the sole responsibility of the User. Use of the Application does not establish any doctor-patient relationship with the Developer.

7.2 Accuracy of Clinical Data

The User is solely responsible for the accuracy, completeness, and integrity of all data entered. The Developer shall not be liable for any medical errors, complications, or professional negligence resulting from inaccurate or delayed data entry.

7.3 Geographic Restrictions

The Application is intended for use in India and select Southeast Asian regions. It is not designed to comply with regulatory frameworks such as HIPAA, GDPR, or UK Data Protection laws. Users in restricted jurisdictions (including the United States, Canada, the United Kingdom, and the European Union) are prohibited from uploading protected health information. The Developer disclaims all liability arising from such use.

8. DATA USE, SECURITY, AND RESPONSIBILITY

8.1 Data Responsibility

The User is responsible for ensuring compliance with applicable patient privacy laws and for obtaining necessary patient consent prior to uploading any clinical data.

8.2 Data Security and User Responsibility

While the Application employs industry-standard security measures, including encryption, the User is responsible for:

• Maintaining confidentiality of login credentials
• Preventing unauthorized access
• Ensuring compliance with local data protection regulations

8.3 Responsibility for Device Security

The User is solely responsible for securing the device used to access the Application, including the use of biometric authentication, passcodes, and safeguarding against unauthorized access.

9. USER-GENERATED CONTENT

The User retains ownership of all uploaded content but grants the Developer a limited license to store, process, and display such data solely for Application functionality.

10. DATA DELETION AND IRREVERSIBILITY

The Application provides a two-step account deletion process.

Upon final confirmation:

• All user data, including clinical logs, images, and patient records, will be permanently deleted
• Data will be removed from all systems, including third-party services such as Supabase and Cloudflare R2

This action is irreversible.

The Developer shall not be liable for:

• Loss of data
• Inability to recover deleted records
• Any professional consequences resulting from deletion

11. SERVICE AVAILABILITY

The Application is provided on an "as-is" and "as-available" basis.

It is not intended for:

• Emergency use
• Life-critical clinical decision-making
• Primary record-keeping in critical care environments

The Developer shall not be liable for:

• Downtime
• Server interruptions
• Inaccessibility during clinical procedures

12. MODIFICATIONS TO THE SERVICE

The Developer reserves the right to:

• Modify features
• Update functionality
• Suspend services temporarily

The Developer shall not be liable for workflow disruptions caused by:

• Application updates
• Changes in dependencies (e.g., Flutter/Dart environment)
• Third-party API changes

13. LIABILITY AND LIMITATION OF DAMAGES

To the maximum extent permitted by law:

• The Developer shall not be liable for indirect, incidental, or consequential damages
• Total liability shall not exceed the amount paid by the User in the preceding 12 months

14. PROFESSIONAL INDEMNITY

The User agrees to indemnify and hold harmless the Developer from any claims, damages, or legal costs arising from:

• Medical malpractice claims
• Professional negligence
• Unauthorized disclosure of patient information
• Violation of medical council or regulatory guidelines

15. TERMINATION

This Agreement remains effective until terminated.

It will terminate automatically if the User violates any terms. Upon termination, the User must cease all use and delete the Application.

16. THIRD-PARTY TERMS

Use of the Application is subject to:

• Apple App Store terms
• Google Play Store terms

17. INTELLECTUAL PROPERTY

All rights, title, and interest in the Application remain the exclusive property of the Developer.

18. APPLICABLE LAW

This Agreement shall be governed by the laws of India, with jurisdiction in Tamil Nadu.

19. CONTACT INFORMATION

Dr. M. Choundappan
Vanitha Hospital
Salem, Tamil Nadu, India

20. MISCELLANEOUS

• If any provision is invalid, the remainder remains enforceable
• Failure to enforce any right shall not constitute waiver
• This Agreement constitutes the entire agreement between the parties