Loading

Terms of Use

Last Updated date:24th July 2025
ClockHealth Pvt Ltd (hereafter referred to as “ClockHealth”), develops and maintains digital care management platforms for service providers to manage their services and engage with their Residents/Patrons, hereafter referred to as the “Service Management Platforms” or “Platforms”. “We”, “our ” and “us” currently refer to ClockHealth in the terms defined below. These Terms are between ClockHealth and its Customers, hereafter referred to as “you” or collectively as “Customers”. The Platforms support the service management goals of providers who are our Customers. These customers deploy the platforms (involving associated mobile and/or web applications) that enable their services to be securely accessible by their Residents/Patrons, through web and mobile. The Platform applications are intended only as tools, which help service providers and their Residents/Patrons to collaborate in the care of their Residents/Patrons, using communication, scheduling, administrative and data managing capabilities. If you do not agree to these Terms of Use and/or are not eligible or authorized to agree to these Terms of Use, then you may not register for and setup your Service Management on our Platforms and are not authorized to use any of the applications or services supported by ClockHealth Pvt Ltd.

1. Customers

Service providers (hereafter referred to as ‘Customers’) can set-up Service Management Platform. If a Service Management Platform is being set up by an individual service provider who is formally or not formally affiliated with an organization, the Customer is the individual creating the Platform. If the Platform is being set up for an organization by an authorized representative, the organization is the Customer.
Authorized Users
  • Customers can create authorized user accounts for their team members who may be employees and/or associates (hereafter referred to as ‘Team Users’), to log in to and use Platforms through appropriate interfaces. The Primary User Account of a Customer’s Service Management Platform, created when the organization is registered also counts as a Team User account. All Team Users are directly bound by our Authorized User Terms.
  • Customers can also create authorized user accounts for their Residents/Patrons/Vendors and/or clients (hereafter referred to as ‘End Users’) to log in to and use their Service Management Platform through appropriate interfaces. Some Customers may choose to authorize self-registration of End Users in the Platform. All End Users are directly bound by our Authorized User Terms.
Registering for and setting up a Service Management Platform (and all its integral apps) requires full acceptance of these Terms of Use and all associated policies. By registering, you agree that:
  • You are a licensed service provider and/or authorized representative of a licensed organization with the necessary legal approvals to provide Care management and other services to End Users
  • You can register and use ClockHealth’s Service Management Platform products (including associated web and mobile apps) for purpose of providing services to End Users seeking your services.
  • You take complete and sole responsibility in assigning authorized Team User accounts only to licensed providers and qualified care support professionals in roles suitable to their area of responsibility; and you take complete responsibility in training your authorized Team Users in the correct usage of the application and its features to provide services to End Users of your Service .
  • You are not impersonating any other person and are using your actual identity
  • The information provided during the registration process is true, accurate, current and complete. You will be required to provide your full name, email address, mobile phone number, location, business name and address.
  • You are required to periodically review and update your registration data to ensure that it is always current and correct.
  • The user account created when registering for a Service Management Practice is considered as the Service Management Primary Account and you are authorized to use it.
  • You are responsible for ensuring that all Authorized Users in your Service Management are aware of and bound by these Terms of Use.
Usage of the Service Management Platforms by Customers and their authorized Team Users & End Users are subject to acceptance of these Terms of Use. These Terms of Use are deemed to include the Privacy Policy, Authorized User Terms, Acceptable Usage Policy and all conditions, policies and operating procedures that are referred to herein or which may otherwise be published by ClockHealth from time to time, on this website and in any of the Service Management Platforms.
Other Data
  • Care Management Account Info: Information that the Customer provides to ClockHealth Care Management Platform – at the time of setting up their Care Management account. This also includes information required for subscription and billing of the account. ClockHealth does not store the Customer’s credit card or other payment method information.
  • Operations Info: In order to enhance your platform usage experience, ClockHealth uses cookies, logs and analytics to enable certain functionality, improve services and monitor service usage. Information about browser, device, location, IP address, language settings, date and time of use may be captured in logs. These mechanisms are used to help diagnose issues and preferences which help us to evolve the services. Our authorized third-party partners also may receive and log such non-personally identifiable information related to your online service usage as part of supporting platform services.
  • Third Party Services: The Customer may choose to configure and use certain Third Party Services within their Care Management Platform. This is optional and entirely up to the Customer. For instance the Customer may configure a third party payment gateway to accept payments through that gateway for services rendered to Patient/Patron users through the Care Management Platform. In this case the Customer is authorizing the Care Management Platforms to receive certain configuration and operational information relevant to the integration with the third party service. Customers should check the terms of use, privacy policy and usage settings in these Third Party Services. ClockHealth does not receive or store any passwords for such third-party services accounts.
  • Additional Information: You may also provide other information to ClockHealth through support channels.

Note: With regard to the definition of data controller and data processor, as defined by Data Protection laws the Customer is the data controller of Customer Data and ClockHealth is the data processor.

2. Customer Data

Authorized Users created by a Customer in their Service Management Platform may submit information and content such as PHI (Patient/Patron health information), healthcare services related data, communications and usage data, all of which qualifies as ‘Customer Data’ and is owned by the Customer. By using your Service Management Platform and associated applications, your End Users understand that the care providers in the Care Practice have access to view and update their healthcare data in the course of providing them with specific healthcare services. As a services provider you authorize the access of Patient/Patron health data by your registered Patients/Patrons, such that they may view and update their own health data, except for specific areas that you choose not to make visible/accessible to them. Ownership of and responsibility for healthcare data of Patients/Patrons rests with the Customer. As owner and controller of the Customer Data, the Customer alone may provide ClockHealth with instructions on what to do with this data. All Customer Data is covered by the Service Management Platforms Privacy Policy. By using the Service Management Platforms you agree to storage of your data in secure public cloud infrastructure located anywhere in the world.

3. Authorized User Terms

End Users and Team Users of a Customer’s Service Management cannot directly register as users with the Service Management Platforms but are created as authorized users of a Customer’s Service Management. The Customer is directly registered with the Service Management Platforms and is bound by the Terms of Use, including these Authorized Terms of Use. These Authorized User Terms are between ClockHealth and all Authorized Users in Service Management of Customers, hereafter referred to as “you”, “they” or collectively as “Authorized Users”.
  • The Customer is responsible for ensuring that all Authorized are aware of and bound by these Authorized Terms of Use.
  • Authorized Users are aware that the Customer is owning the Service Management Platform in which they are users, has the right to remove and/or restrict their access to the system.
  • The Customer has complete control over the settings and configuration of the Service Management Platform and bears responsibility for how it is used.
  • Customer will inform Authorized Users (both Team Users and End Users) of all Customer terms and practices that are relevant to their use of the Service Management Platform e and of any settings that may impact the processing of Customer Data.
  • All engagement between Team Users and End Users conducted through the Customer’s Service Management Platform are also governed by the End Users Terms of that Service Management, which authorized End Users are required to consent to.
  • The Customer is also responsible for ensuring that processing of Customer Data in the Customer’s Service Management Platform is done as per necessary regulation and law. This also applies to the deletion and export of Customer Data.
  • The Customer is solely responsible for deciding which Team User accounts can be added to their Service Management Practice based on eligibility criteria defined by the Customer and to define the scope of healthcare and/or support services that they are allowed to provide to End Users through the Platform and also to define their information access privileges.
  • All Authorized Users must be of legal age necessary to operate your user account in the role intended by the Customer when authorizing you to use their Service Management Platform. If you are a Team User, you must also be of legal working age and possess the necessary license and qualifications for your role.
  • ClockHealth reserves the right to deny or revoke access to anyone to a registered Service Management Platform, or to any part of its Platforms thereof, at any time in its sole discretion, if there is perceived to be a violation of any terms of use.
  • ClockHealth does not provide any services including healthcare services for End Users of any Customer, nor is it liable in any way for the services provided by Customers through their Service Management Platform to their Authorized Users.
  • All Customers and Authorized Users are bound by the Acceptable Usage Policy defined in this document.

4. Acceptable Usage Policy

4.1 Introduction
  • This acceptable use policy (the “Policy”) sets out the rules governing:
  • the use of clockhealth.com any successor website, and the services available on that website or any successor website (the “Services”); and
  • the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content”)
  • References in this Policy to “you” are to any customer for the Services and any individual user of the Services (and “your” should be construed accordingly); and references in this Policy to “us” are to ClockHealth Pvt Ltd (and “we” and “our” should be construed accordingly).
  • By using the Services, you agree to the rules set out in this Policy.
  • We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
  • You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
4.2 General usage rules
  • You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
  • You must not use the Services:
    • in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
    • in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
    • You must ensure that all Content complies with the provisions of this Policy.
4.3. Unlawful Content
  • Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
    • be libelous or maliciously false;
    • be obscene or indecent;
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • infringe any right of confidence, right of privacy or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    • be in contempt of any court, or in breach of any court order;
    • constitute a breach of racial or religious hatred or discrimination legislation;
    • constitute a breach of official secrets legislation;
    • constitute a breach of any contractual obligation owed to any person.
  • You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
4.4 Graphic material
  • Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
  • Content must not depict violence in an explicit, graphic or gratuitous manner.
  • Content must not be pornographic or sexually explicit.
4.5. Factual accuracy
  • Content must not be untrue, false, inaccurate or misleading.
  • Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion
4.6. Negligent advice
  • Content must not consist of or contain any legal, financial, investment, taxation, accountancy, or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy advisory services.
  • Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
4.7. Etiquette
  • Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
  • Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
  • Content must not be liable to cause annoyance, inconvenience or needless anxiety.
  • You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
  • You must not use the Services for the purpose of deliberately upsetting or offending others.
  • You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
  • You must ensure that Content does not duplicate other content available through the Services.
  • You must ensure that Content is appropriately categorised.
  • You should use appropriate and informative titles for all Content.
  • You must at all times be courteous and polite to other users of the Services.
4.8. Marketing and spam
  • You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
  • Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
  • You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
  • You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, “get rich quick” schemes or similar letters, schemes or programs.
  • You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
4.9. Regulated businesses
  • You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
  • You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
4.10. Monitoring
  • You acknowledge that we may actively monitor the Content and the use of the Services
4.11. Data mining
  • 4.11.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
4.12. Hyperlinks
  • You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
4.13. Harmful software
  • The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
  • The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
4.14. Service Management Platform Usage

This sets out a list of acceptable and unacceptable conduct for our Service Management Platforms by Customers and Authorized Users of our Customers. Any violation of the policy could result in the suspension of your access to the Platform Services and if found to be deliberate, repeated and possibly harmful to other users of the platform will termination of your access to the Platforms. This policy may change as the platform evolves, so please proactively look up updates to the policy.

  • Your username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.
  • You also agree that you will be solely responsible for any activities conducted on or through the Service Management Platforms with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless ClockHealth from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
  • Your use and access of the Platforms, its apps and services, is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in your respective country with regard to the use of such services. ClockHealth does not claim that the Platforms are fully compliant for use within all the countries and territories from where it may be accessed.
  • From time to time, some of our Customers do provide us with feedback on recommended changes and/or corrections to our platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it not includes any person or entity’s proprietary information. You also fully agree that ClockHealth is not obliged to use or act on this feedback and even if does, it has full, royalty-free, perpetual, irrevocable, transferable and global license to use this feedback.
  • ClockHealth is constantly updating the Service Management Platforms and apps in order to provide the best possible experience for its Customers and users. All users acknowledge and agree that the form and nature of the services provided by the platform may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
  • You shall not use the Platforms and its apps and services for any purposes other than those intended by ClockHealth Customers and as determined by ClockHealth at its sole discretion.
  • You shall not attempt to circumvent any security measure put in place for the Platforms users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by ClockHealth, through hacking, password mining or any other means.
  • You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
  • You shall not attempt to access, or obtain information regarding any account other than your own, by any means whatsoever. You may not use the Platforms and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
  • You may not use any robot, spider, scraper or other automated tools or means to access the Platforms or website for any purpose, including intent to identify vulnerabilities without our written permission. Violation of this policy may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored on the site.
  • If you are a competitor for our digital platforms, you shall not use this service as a user to study and copy features and services provided by Clock Health’s Platforms, apps and services.
  • In order to protect the integrity of its ClockHealth Website and Platform Services, ClockHealth reserves the right at any time in its sole discretion to block users from certain IP addresses.
  • You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold ClockHealth harmless from any damages, losses, costs, or expenses which ClockHealth may incur as a result of information you post.
  • You are solely responsible for exporting and/or requesting the export of all your Customer Data before expiry or cancellation of your organization account, should you choose to discontinue using it and/or should your account be terminated.

5. Customer Responsibilities

In addition to the above general terms of acceptable use, the following responsibilities apply to all Customers and their Team Users and other authorized users (End Users)
  • The Customer is responsible for all the settings and configuration applied in the Platform including management of user accounts, configuration of services and provision of those services and management of Customer Data, which is impacted by such configuration.
  • Customer is completely responsible for the Customer Data in their Platform including ensuring the usage practices by you and your Team Users in maintaining the privacy and confidentiality of your End User data
  • You will comply with healthcare and data regulation rules applicable to healthcare providers and organizations in your country of business and locations of service. You are solely responsible for choosing to use the Platform Services after ascertaining that it meets the necessary regulatory compliance applicable to your operations.
  • You will not publish or distribute in any form, any End User data including healthcare information without their informed consent. ClockHealth is not liable for your handling of your own data and nor for any outcomes as a result of that.
  • The Customer will be responsible for all the activities in your Platform account and in the authorized Team User accounts of your employees and/or associates and End User Accounts.
  • The Platforms serve only as a technology enabler for the online services that you choose to provide. Any disputes between you and the End User of your Service will be dealt with by you directly. ClockHealth has no obligation or liability to monitor services within the Platforms.
  • ClockHealth takes no responsibility for healthcare and/or other information that may be published by healthcare providers in their own Organization’s Service Management Platform. Healthcare providers are completely liable to ensure that such content is medically correct, original and that it causes no intended or unintended harm to its readers. ClockHealth retains the right to review and delete any published content related to any provider, if such content is brought to ClockHealth’s notice. ClockHealth takes no responsibility in having to review content published in Platforms.
  • The Customer is solely responsible for the setup, payment, maintenance and security of their own app store accounts with Google Play and Apple iTunes, should they opt to publish their own custom mobile apps for their Service Management. ClockHealth bears no responsibility for any change in app store policies that may impact the publishing of the Customer’s custom mobile applications.
  • You unconditionally agree to receive certain essential automated notifications, mobile and email notifications relevant to system events from the Platforms apps to the mobile number and email address associated with your user account.
  • All End Users of a Platform of a Customer are to be made aware of the following by the Customer and Team Users and through End Users Terms defined in the Service Management:
    • End Users shall not use any service or information provided for any purposes other than managing their personal health information or that of their immediate family members (with due authorization) and/or to engage with healthcare providers in the Care Practice.
    • ClockHealth does not provide medical services of any kind and as a technology provider only enabling engagement with their healthcare provider, through the Service Management Platform, which End Users and the Customer have opted to use.
    • ClockHealth does not recommend or endorse any healthcare providers or services using the Service Management Platform.
    • End Users access or use of their healthcare provider’s services and/or any apps and services of the Service Management Platforms does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate ClockHealth, to fulfill any duties towards meeting their health needs.
    • End Users are expected to avail of immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the Service Management Platform and/or other apps and services of the Platforms in such situations.
    • The accuracy, integrity and completeness of the personal health information that End Users enter or allow to be entered on their behalf is solely their responsibility, and ClockHealth assumes no liability for it. ClockHealth is also not liable for any use or misuse of their health data by their service provider
    • ClockHealth shall not be responsible for any undesirable outcomes coming out of End Users engagement with their service provider.
    • ClockHealth shall not be responsible for any health, fitness or nutritional information that is published by customers or their team members through the Platforms.
    • All such data in the Platform is owned by the Customer who is solely responsible for defining how that data is handled and/or made accessible to End Users.
    • End Users should also expect to receive essential system notifications related to service events. Notification preference settings will be provided to allow turning off of non-essential/informative-only notifications.

6. Subscriptions & Payments

When a Customer registers for a free trial of the Platform, the platform will be available free of charge until the end of the free trial period or on termination of trial for any reason at our discretion. All information in your billing account should be current and accurate. All billing related mails will be sent to the email address that you have provided. All charges collected for a billing cycle are non-refundable, irrespective of account cancellation, termination or downgrade. Late payments will result in suspension of service until payments are made. Deactivated and/or cancelled Service Management accounts are maintained for a maximum of 30 days before the account is deleted. Deletion of an account will include permanent deletion of all Customer Data and configurations in the account. We will make Customer Data available to you for export or download, upon request made by you within this 30-day period. We have no obligation to maintain Customer Data after this 30 day period. ClockHealth is not responsible for any loss or other consequences caused by deactivation or deletion of a Care Practice account. Unless otherwise stated, ClockHealth’s fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder. If ClockHealth has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides ClockHealth with a valid tax exemption certificate authorized by the appropriate taxing authority. Resellers:

7. Privacy Policy

All users of ClockHealth’s Platforms are also bound by the Privacy Policy. Custom App Updates & Maintenance Deployment of test and production updates of the 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 ClockHealth, in order to effect test and production updates is the responsibility of the Customer. ClockHealth bears no responsibility for the 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).
  • ClockHealth 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 ClockHealth responsible for the App Store verification process duration and outcomes on either of these platforms, given the inconsistencies involved in these factors.

8. Infrastructure Maintenance & Monitoring

Maintenance and monitoring services provided by ClockHealth for your Platform 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 managed through our public cloud infrastructure service provider. 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 Service Management Platform instance, except during scheduled maintenance downtimes and the following scenarios which are beyond the control of ClockHealth:
    • Issues related to third-party services used by the Customer (including the cloud infrastructure, communication services, media streaming services etc.).
    • Issues caused by external applications used in conjunction with or integrated with your Service Management
    • External network issues between the platform infrastructure and the Authorized Users of the Platform
    • Intentional malicious attacks on the platform services, that bypass all security measures that are in place.
Any issues affecting availability of the Platform 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 Platform 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
Third Party Services
  • ClockHealth is not responsible for the accuracy and reliability of health data read from health sensors and devices that the Service Management Platforms 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 ClockHealth of those devices or services.
  • ClockHealth 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 Service Management Plaform. Terms of use applicable to those services must be complied with, in addition to ClockHealth’s own Terms of Use.
  • ClockHealth’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. ClockHealth is in no way responsible for the setup, payment, maintenance and secur ore 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. ClockHealth is also not liable for delays in app publishing caused by the app store review process. ClockHealth’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.
  • ClockHealth is not responsible for the policies, pricing and payments of third-party services (such as hosting, devices, 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 ClockHealth is not liable for non-functioning of any aspect of the Platform 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
  • ClockHealth’s ClockHealth 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 ClockHealth.
  • For customers using own email domains for sending of email notifications from their Service Management Platform, with all relevant configuration of DNS, SPF, DKIM and DMarc settings, ClockHealth is responsible for ensuring the correct sending of notifications and supports multiple notification channels. However, ClockHealth does not take the responsibility for the last point delivery of notifications having no control over that factor. Customers are required to opt to use/not use SMS notification channels in their Service Management Platform 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. Rare cases may be expected, where we 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, ClockHealth does not bear responsibility for the last point delivery of email notifications having no control over this external environment factor.
  • ClockHealth is not responsible for non-accessibility of the Customer’s Service Management Platform caused by wrong DNS settings made by the Customer.
Updates
  • ClockHealth 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 ClockHealth 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 Service Management Platforms and its 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.

9. Intellectual Property, Copyright and Trademarks

ClockHealth 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 ClockHealth 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 Service Management Platforms and its 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.

10. Limited Warranty

To the extent allowed by applicable law, implied warranties on the Software, ClockHealth software and services are provided without any warranty of any kind, and ClockHealth 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. ClockHealth 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.

11. Limitation of Liability

THE USERS OF OUR PLATFORMS EXPRESSLY UNDERSTAND AND AGREE THAT ClockHealth 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 ClockHealth 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 ClockHealth 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 ClockHealth’ S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT ClockHealth HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING

12. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ClockHealth, 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.

13. Termination

These Terms of Use take effect from the time you start using ClockHealth’s Platforms in any capacity, until it is terminated by you and/or ClockHealth as provided below.
  • All your active free or paid subscriptions to the Platform expire due a cancelled subscription and/or expiry of a subscription that was not in auto-renewal mode.
  • ClockHealth terminates your access to the Service Management Platforms due to breach of these Terms of Use by you and/or any Authorized Users of your Platform Services. Such termination may be with immediate effect
  • ClockHealth 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 account or any Services of the platform. The same will apply to Authorized Users in your Platform. Any obligations you may have prior to the 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. ClockHealth also retains the right to pursue any action to remedy breach of these Terms of Use. During the active term or subscription, the Customer will be permitted to export Customer Data from the Platform Services; After termination or expiration of 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.

14. 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 ClockHealth 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.

15.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 Bangalore, India. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of the Platforms 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.

16. Release for Force Majeure

ClockHealth 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 ClockHealth 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 labor problems, wars, or governmental restrictions.

17. 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 ClockHealth. Any notices in this regard need to be delivered in written format and acknowledged as received. ClockHealth may subcontract its responsibilities under this Agreement, without your consent to a third party considered by ClockHealth 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 ClockHealth 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.