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 Chounda Tech (OPC) Private Limited ("Licensor" or "Developer"), located at:
Vanitha Hospital
3/231, Sankagiri Main Road
Kondalampatty, Salem
Tamil Nadu – 636010
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
- Optionally, enter case data using voice input (see Section 8.6)
- Optionally, digitize handwritten clinical notes using handwriting recognition (see Section 8.7)
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The Developer shall not be liable for issues arising from unsupported devices or outdated software.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
SurgMD uses in-app encryption for sensitive information. In the rare event of a database breach, patient names, contact information, and clinical photos or videos cannot be read in their encrypted form.
While the Application uses reasonable safeguards, the User is responsible for:
- Maintaining the confidentiality of login credentials
- Preventing unauthorised access to the User's account and devices
- Ensuring compliance with applicable data-protection and patient-consent requirements
8.3 Responsibility for Device Security and Data Copies
The User is responsible for securing each device used to access the Application and is encouraged to export important records regularly and store those copies securely.
8.6 Voice Entry and Third-Party Audio Processing
The Application includes an optional voice entry feature that allows clinical data to be dictated via the device microphone. This feature is disabled by default and must be explicitly enabled by the User in the Application's Settings.
When voice entry is enabled and in use, audio recordings are transmitted to third-party service providers for speech-to-text transcription. The Application currently uses Groq, Inc. ("Groq") and Deepgram, Inc. ("Deepgram") as service providers. The Developer may use either service or both in combination for audio processing based on operational, performance, or availability requirements. By enabling this feature, the User acknowledges and agrees that:
- Audio — including any patient-related information spoken during dictation — will be transmitted to Groq and/or Deepgram's servers for processing
- The User is solely responsible for ensuring that such transmission is permissible under applicable patient privacy laws and that appropriate patient consent has been obtained before dictating any identifiable patient information
- The Developer does not control Groq's or Deepgram's data handling practices; the User should review their respective privacy policies before enabling this feature:
- The Developer shall bear no liability for any breach, misuse, or unauthorised disclosure of data that occurs at Groq's or Deepgram's end
- The Developer reserves the right to change, modify, or switch between third-party service providers at any time without prior notice to optimize performance, security, or cost
The voice entry feature may be disabled at any time from Settings.
8.7 Handwriting Recognition and Microsoft Azure Processing
The Application includes an optional handwriting recognition feature that allows clinical notes written by hand or drawn on a digital canvas to be converted to digital text. This feature is disabled by default and must be explicitly enabled by the User in the Application's Settings.
When handwriting recognition is enabled and in use, images containing handwritten content (including scanned notes or canvas drawings) are transmitted to Microsoft Azure Cognitive Services ("Azure") for optical character recognition (OCR) and handwriting analysis. By enabling this feature, the User acknowledges and agrees that:
- Handwritten images — including any patient-related information visible in the handwriting — will be transmitted to Microsoft Azure's servers for processing and analysis
- The User is solely responsible for ensuring that such transmission is permissible under applicable patient privacy laws and that appropriate patient consent has been obtained before submitting any identifiable patient information or handwritten clinical notes
- The Developer does not control Microsoft's data handling practices; the User should review Microsoft's privacy policies and Azure Cognitive Services terms before enabling this feature:
- The Developer shall bear no liability for any breach, misuse, or unauthorised disclosure of data that occurs at Microsoft Azure's end
- Handwritten images may be retained by Azure for service improvement and machine learning model training purposes; the User should review Azure's retention and usage policies
- The Developer reserves the right to change, modify, or switch between third-party service providers at any time without prior notice to optimize performance, security, or cost
- The digitized text output from handwriting recognition is handled using the same security safeguards as other user-entered data
The handwriting recognition feature may be disabled at any time from Settings.
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
- Primary backup of user data
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:
- Data Redundancy: The User acknowledges that SurgMD is not a primary media or patient record backup solution. The Developer shall not be liable for any loss of data (media or text) resulting from the User's failure to maintain independent copies on a physical drive or failure to utilize the in-app "Export Data" function regularly.
- No Clinical Liability: The Developer is not responsible for clinical decisions, patient outcomes, or medico-legal issues arising from the use of the licensed software.
- 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 18 months for annual subscribers, or the preceding 3 months for monthly subscribers, calculated from the date of the event giving rise to the claim.
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
- Groq's Privacy Policy — applicable when the optional voice entry feature is enabled
- Deepgram's Privacy Policy — applicable when the optional voice entry feature is enabled
- Microsoft Privacy Statement — applicable when the optional handwriting recognition feature is enabled
- Azure Cognitive Services Legal Terms — applicable when the optional handwriting recognition feature is enabled
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
Chounda Tech (OPC) Private Limited
Developer of SurgMD
Vanitha Hospital, 3/231, Sankagiri Main Road
Kondalampatty, Salem – 636010, Tamil Nadu, India
Email: [email protected]
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