Terms of Service
By downloading, installing, or using the HamroSwasthya mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.
These Terms are a legally binding agreement between you and Tru-Path Labs ("we", "us", or "our"), the operator of HamroSwasthya.
1. Definitions
"App" means the HamroSwasthya mobile application for Android.
"Account" means your registered user account within the App.
"Medical Records" means the documents, images, and associated metadata you upload or scan into the App.
"QR Share" means the temporary, read-only sharing link generated by the App.
"Services" means all features and functionality provided through the App.
2. Eligibility and Account Registration
2.1 Age requirement
You must be at least 16 years of age to create an Account and use the App. By creating an Account, you confirm that you meet this requirement. We do not knowingly collect data from users under 16.
2.2 Account security
You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at [email protected] if you suspect any unauthorised access to your Account.
2.3 Accurate information
You agree to provide accurate, current, and complete information when creating your Account and to update it as necessary.
3. Acceptable Use
3.1 Permitted uses
The App is provided solely for storing, organising, and sharing your own personal medical documents. You may use the App to:
- Upload and organise your personal medical records and documents.
- Generate a QR code to share selected records with healthcare professionals.
- Manage your personal health profile information.
3.2 Prohibited uses
You must not use the App to:
- Upload content that belongs to another person without their explicit consent.
- Upload unlawful, fraudulent, or fabricated medical documents.
- Attempt to gain unauthorised access to other users' data.
- Reverse-engineer, decompile, or attempt to extract source code from the App.
- Use the App for any commercial purpose without our prior written consent.
- Upload content that violates any applicable law or regulation.
4. Medical Disclaimer
Important: HamroSwasthya is a document storage and organisation tool only. It is not a medical device, diagnostic tool, or healthcare service. The App does not:
- Provide medical advice, diagnosis, or treatment recommendations.
- Analyse or interpret your medical records.
- Replace the advice or services of qualified healthcare professionals.
Always consult a qualified healthcare professional for any medical questions or decisions. In a medical emergency, contact your local emergency services immediately.
You use the App and any information displayed in it at your own risk. We do not verify, review, interpret, monitor, or clinically assess your Medical Records, and we are not responsible for medical decisions made by you, a healthcare professional, or any other person who views records you choose to share.
5. Your Medical Records
5.1 Ownership
You retain full ownership of all Medical Records you upload to the App. We claim no ownership rights over your content.
5.2 Licence to us
By uploading Medical Records, you grant us a limited, non-exclusive, royalty-free licence to store, process, and transmit your records solely to provide the Services to you. This licence ends when you delete the records or close your Account.
5.3 Your consent and instructions
By uploading Medical Records or entering health profile information, you confirm that you are voluntarily providing that data and instructing us to store, process, encrypt, sync, and transmit it as necessary to provide the App features you request. This includes cloud sync, QR Share links you create, account recovery, security controls, and deletion workflows.
If you create or manage a family or dependent profile, you confirm that you have the consent, parental responsibility, legal authority, or other lawful basis required to store and manage that person's health-related information.
5.4 Your responsibility
You are solely responsible for the accuracy and legality of the Medical Records you upload. We do not verify the authenticity or accuracy of any documents.
You are responsible for keeping your own backup copies of any documents you may need for clinical, legal, immigration, insurance, employment, or other important purposes. The App should not be your only copy of important medical documents.
6. QR Share Feature
6.1 How it works
The QR Share feature generates a time-limited, read-only link that allows a third party, such as a doctor, to view only the Medical Records you have specifically selected for sharing, along with your basic health profile.
6.2 Your responsibility for sharing
You are solely responsible for deciding what to share and with whom. Once you generate a QR code, anyone who scans it can view the shared content until it expires or you revoke it. We strongly recommend sharing only with trusted healthcare professionals.
We cannot control what a recipient does after viewing your shared records. A recipient may take notes, screenshots, photographs, or otherwise copy information visible to them. You accept this risk when you create and display a QR Share link.
6.3 Limitations
Shared links are read-only. The recipient cannot modify your records through the shared link. The shared view does not expose your full account, login credentials, or any un-selected records.
7. Inactive Accounts
7.1 Inactivity warning
If your Account shows no activity for 12 consecutive months, we will send a notice to your registered email address informing you of potential account closure.
7.2 Account closure
If no activity is recorded for 18 consecutive months following the initial inactivity warning, we may close your Account and delete your data. We will send at least two email notices before taking this action, with a minimum of 30 days' notice before deletion.
7.3 Reactivation
You may reactivate your Account at any time before the deletion date by logging in and confirming continued use.
8. Account Deletion
You may delete your Account at any time from within the App. Upon deletion:
- Your personal data and Medical Records will be deleted from active systems within 60 days.
- Backup copies will be purged within a further 60 days.
- Security and access logs will be retained for up to 180 days for security and legal compliance purposes.
- Data that is required to be retained by applicable law may be held for the legally mandated period.
Deletion is irreversible. Please ensure you have saved any records you need before deleting your Account.
9. Intellectual Property
All rights in the App, including software, design, trademarks, and content created by us, are owned by Tru-Path Labs or our licensors. These Terms do not transfer any intellectual property rights to you. You may not copy, modify, or distribute any part of the App without our prior written permission.
10. Modifications to the App and Terms
10.1 App changes
We reserve the right to modify, suspend, or discontinue any feature of the App at any time, with reasonable notice where practicable.
10.2 Terms changes
We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, by email or in-App notification. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms.
11. Limitation of Liability
The App is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, representations, and conditions, whether express or implied, including fitness for a particular purpose, uninterrupted availability, error-free operation, medical suitability, and non-infringement.
To the maximum extent permitted by applicable law, our total cumulative liability to you for any claims arising from or related to these Terms or the App, including negligence, shall not exceed the greater of: (a) the amount you paid us for the App in the 12 months before the claim; or (b) USD 25.
We are not liable for: loss of or corruption of your Medical Records; inability to access the App; failure of cloud services, networks, devices, operating systems, app stores, Firebase, Cloudflare, or other third-party infrastructure; unauthorised access caused by compromised credentials or devices; recipient misuse of QR Share links; any reliance placed on information displayed in the App; or indirect, incidental, special, exemplary, punitive, or consequential losses.
Nothing in these Terms limits our liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.
12. Indemnification
You agree to indemnify and hold harmless Tru-Path Labs, its officers, employees, and agents from any claims, damages, or costs, including legal fees, arising from your violation of these Terms, your use of the App, or any content you upload.
13. Governing Law and Dispute Resolution
These Terms are primarily governed by the laws of Nepal. Disputes will first be subject to courts in Nepal. As we expand internationally, additional or alternative governing law provisions may apply and will be communicated to you in advance.
Before initiating formal legal proceedings, you agree to contact us at [email protected] and give us 30 days to attempt to resolve the dispute informally.
14. Severability and Waiver
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision does not constitute a waiver of our right to enforce it in future.
15. Contact Us
Tru-Path Labs
Support: [email protected]