Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("Doctor", "you", "User") and Applied Quantum Labs Pvt. Ltd. ("ProCare", "we", "us", "our"), governing your access to and use of the ProCare clinical decision support platform (the "Service").
By registering for, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
โ ๏ธ ProCare is a clinical decision support tool. It does not replace the independent clinical judgement of a licensed medical practitioner. Every diagnosis, prescription, and investigation order requires your explicit review and sign-off before it is acted upon.
Nature of the Service
ProCare provides an AI-assisted clinical decision support system designed exclusively for registered MBBS practitioners in India. The Service includes:
- Voice-captured consultation transcription in Indian languages
- AI-generated differential diagnoses with probability rankings and supporting evidence
- Clinically guided next-step recommendations during consultations
- Prescription draft generation based on approved Indian clinical guidelines
- Delivery of prescriptions to patients via WhatsApp
- Automated patient follow-up messaging and medication reminders
- Drug interaction screening and safety gate checks
ProCare is a Software as a Medical Device (SaMD) in the clinical decision support category. It is designed to assist licensed practitioners, not to replace them. All clinical outputs are advisory only and require doctor confirmation before any action is taken.
Eligibility
The Service is available only to individuals who:
- Hold a valid MBBS degree from a recognised medical institution
- Are currently registered with the National Medical Commission (NMC) or a State Medical Council
- Are legally authorised to practise medicine in India under the National Medical Commission Act, 2019
- Are at least 18 years of age
- Are practising within the territory of India
By registering, you represent and warrant that all of the above conditions are satisfied. ProCare reserves the right to verify your NMC registration number and suspend access if verification fails.
Doctor's Responsibilities
As the treating physician, you remain solely and wholly responsible for:
- All clinical decisions made during or after a consultation, regardless of AI suggestions received
- The accuracy, completeness, and appropriateness of any prescription issued to a patient
- Verifying that AI-generated suggestions are clinically appropriate for the specific patient
- Obtaining informed consent from patients for the use of AI-assisted clinical support tools
- Maintaining confidentiality of patient data in accordance with applicable law and professional ethics
- Ensuring that your NMC registration remains valid during your use of the Service
- Not sharing your ProCare account credentials with any other person
- Reporting any clinical errors, adverse events, or unexpected AI outputs to us at safety@procare.fit
AI Suggestions & Clinical Autonomy
ProCare's AI system generates suggestions โ it does not make decisions. The following principles govern all AI outputs in the Service:
Human-in-the-loop by design
Every AI-generated suggestion โ differential diagnosis, next examination step, prescription draft, or investigation order โ is presented for your review. No suggestion is acted upon without your explicit confirmation (tap "Confirm"), modification (tap "Modify"), or rejection (tap "Reject").
AI does not prescribe
ProCare does not issue prescriptions. It prepares drafts. The legal prescription is the document you sign and deliver. The prescription carries your name, your NMC number, and your clinical authority. Not ours.
Accuracy and limitations
AI suggestions are generated from approved Indian clinical guidelines (RSSDI, ICMR, RNTP, ESC-India, MoHFW) and validated clinical data. However:
- AI systems may have errors, biases, or gaps in knowledge
- Suggestions are population-level and may not account for all individual patient factors
- ProCare's AI does not have access to historical patient records unless the doctor has manually entered them
- The Service should not be the sole basis for critical or irreversible clinical decisions
Audit trail
Every AI suggestion, doctor action (confirm/modify/reject), and prescription generated is logged with timestamp, LLM trace, and guideline reference. This audit trail is available to the treating doctor and, where legally required, to regulatory authorities.
NMC Compliance
ProCare is designed in full alignment with the National Medical Commission Act, 2019 and the NMC Professional Conduct Regulations. The following principles are embedded in our product and business model:
No Revenue-Sharing with Pharma
ProCare generates no revenue from pharmaceutical companies. We have no referral arrangements that could influence clinical recommendations. All drug suggestions are salt-name only, DCGI-aligned.
Doctor Always in Control
The NMC Professional Conduct Regulations require that clinical decisions remain the doctor's responsibility. ProCare is architected so that no clinical action can occur without the doctor's explicit sign-off.
Salt-Name Prescriptions
In line with NMC guidelines promoting generic prescribing, ProCare generates prescriptions using International Non-proprietary Names (INN/salt names) rather than brand names. Doctors may modify as clinically appropriate.
Patient Consent
ProCare requires and facilitates obtaining patient consent before using AI-assisted clinical support, consistent with NMC Telemedicine Practice Guidelines and MoHFW Telemedicine Guidelines, 2020.
Any practitioner found to be using ProCare in a manner inconsistent with NMC Professional Conduct Regulations will have their access suspended pending review.
CDSCO & Medical Devices Rules 2017
ProCare operates as a Software as a Medical Device (SaMD) under the regulatory purview of the Central Drugs Standard Control Organisation (CDSCO) and the Medical Devices Rules, 2017 ("MDR 2017").
Classification
ProCare is developed and maintained in accordance with the CDSCO framework for SaMD. As a clinical decision support system designed to assist licensed practitioners (and not to make autonomous clinical decisions), ProCare is designed to comply with applicable SaMD requirements under MDR 2017.
Intended Purpose
The intended purpose of ProCare, as declared to regulatory authorities, is:
- To support licensed MBBS practitioners in the clinical decision-making process
- To generate draft prescriptions for review and sign-off by a licensed practitioner
- To facilitate patient communication and follow-up between clinical visits
ProCare is not intended for use as a standalone diagnostic tool, and it does not generate clinical output that is delivered to patients without a licensed practitioner's review and explicit authorisation.
Vigilance & Adverse Event Reporting
ProCare maintains a Medical Device Vigilance system in compliance with MDR 2017. Doctors are requested to report any serious adverse events, clinical errors attributable to the Service, or unexpected AI behaviour to safety@procare.fit. We will investigate and report to CDSCO as required.
Quality Management
ProCare follows quality management principles consistent with international SaMD standards. Our clinical protocol validation is reviewed by qualified medical advisors including RSSDI guideline authors.
Prohibited Uses
You may not use the Service for any of the following purposes:
- Practising medicine without a valid NMC/State Medical Council registration
- Issuing prescriptions for controlled substances (Schedule H, H1, X) without appropriate authorisation
- Sharing your account with any other person, whether or not they are a registered doctor
- Using AI outputs as the sole or final basis for clinical decisions without independent review
- Collecting, storing, or transmitting patient data outside the ProCare platform
- Attempting to reverse-engineer, decompile, or derive source code from the Service
- Using the Service to generate fraudulent prescriptions or medical documents
- Using the Service in any manner that violates applicable Indian law, including the NMC Act 2019, Consumer Protection Act 2019, IT Act 2000, or DPDP Act 2023
- Disabling, circumventing, or tampering with any safety gate or confirmation requirement in the Service
Intellectual Property
All intellectual property rights in the ProCare platform โ including but not limited to source code, AI models, clinical protocols, UI design, branding, and content โ are owned by Applied Quantum Labs Pvt. Ltd. and protected under the Copyright Act, 1957, the Patents Act, 1970 (as amended), and the Trade Marks Act, 1999.
Your use of the Service does not grant you any ownership or licence rights in any ProCare IP, except for the limited, non-exclusive, non-transferable licence to use the Service as described in these Terms.
Prescription content generated through your use of the Service (your clinical inputs, your sign-off, your patient data) remains your property and your clinical responsibility.
Limitation of Liability
To the maximum extent permitted by applicable Indian law:
- ProCare is provided "as is" and "as available" without warranties of any kind, express or implied
- ProCare shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of or reliance on AI suggestions
- ProCare shall not be liable for any clinical outcome arising from a prescription issued using the Service, as the treating doctor retains full clinical responsibility
- ProCare's total aggregate liability for any claim arising under these Terms shall not exceed the fees paid by you to ProCare in the 12 months preceding the claim (noting that the Service is currently free of charge to doctors)
Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any matter where liability cannot be excluded under Indian law.
Consumer Protection Act, 2019: Nothing in these Terms is intended to exclude or restrict any rights you may have as a consumer under the Consumer Protection Act, 2019, including the right to approach an appropriate Consumer Forum.
Indemnification
You agree to indemnify, defend, and hold harmless Applied Quantum Labs Pvt. Ltd., its directors, officers, employees, and advisors from and against any and all claims, liabilities, damages, penalties, and costs (including reasonable legal fees) arising from or relating to:
- Your violation of these Terms or applicable law
- Clinical decisions made by you using, or allegedly using, the Service
- Your use of the Service in a manner not authorised by these Terms
- Any claim by a patient arising from a prescription issued under your sign-off
- Any infringement of third-party rights arising from your use of the Service
Termination
ProCare may suspend or terminate your access to the Service immediately, without notice, if:
- Your NMC/State Medical Council registration is found to be invalid, suspended, or cancelled
- You breach any of these Terms
- We receive a credible report of misuse of the Service
- A regulatory authority directs us to do so
You may close your account at any time by contacting support@procare.fit. Data retention obligations following account closure are set out in our Privacy Policy.
Grievance Redressal
In compliance with Rule 3(11) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection Act, 2019, ProCare has designated:
Grievance Officer โ Applied Quantum Labs Pvt. Ltd.
Email: support@procare.fit
Response time: Within 48 hours of receipt; resolution within 30 days
If your grievance is not resolved to your satisfaction, you may approach the appropriate Consumer Forum under the Consumer Protection Act, 2019, or the Data Protection Board of India (once constituted) for data-related complaints.
Governing Law & Dispute Resolution
These Terms are governed by and shall be construed in accordance with the laws of the Republic of India, including but not limited to:
- The Information Technology Act, 2000 (and rules thereunder)
- The Digital Personal Data Protection Act, 2023
- The National Medical Commission Act, 2019
- The Indian Contract Act, 1872
- The Consumer Protection Act, 2019
Any dispute, controversy, or claim arising out of or relating to these Terms, their formation, validity, performance, breach, or termination, shall first be referred to mediation under the Mediation Act, 2023. If mediation fails, disputes shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, India.
Contact Us
For any question regarding these Terms:
Email: support@procare.fit
Phone: +91 97171 38321
Address: Applied Quantum Labs Pvt. Ltd., Delhi NCR, India