Terms of Service
1. Acceptance of Terms
Medismo Connex is a doctor-controlled speed-meeting platform connecting doctors with pharmaceutical representatives under the Uniform Code for Pharmaceutical Marketing Practices 2024. By using the Platform you agree to these Terms.
These Terms are a legally binding agreement between you ("User") and Medismo LifeTech ("Medismo", "we", "us"), which operates the Medismo Connex platform.
Two ground rules that sit above everything else: (1) doctors are always in control of who they meet and when. (2) every interaction on the Platform is logged, capped, and designed to be audit-ready under UCPMP. If you cannot operate within those rules, the Platform is not for you.
Important: The Platform provides tooling intended to help Users and Organisations meet their own UCPMP, DPDP, and other regulatory obligations. The Platform does not provide legal, medical, or compliance advice, and Medismo makes no warranty that any specific use of the Platform will satisfy any specific regulatory requirement. Each User and Organisation remains solely responsible for their own compliance. See Sections 5 and 10 for the full terms of this allocation.
2. Definitions
"Platform" refers to the Medismo Connex web application, APIs, and all related services.
"Doctor" refers to a registered medical practitioner using the Platform to manage engagement schedules.
"Medical Representative" (MR) refers to a pharmaceutical field representative using the Platform to book and manage doctor meetings.
"Organisation" refers to a hospital, clinic, or pharmaceutical company that has registered on the Platform.
"Content" refers to any data, text, messages, or materials uploaded to or generated by the Platform.
3. Eligibility & Account Registration
To use the Platform, you must be at least 18 years of age and legally capable of entering into binding contracts under Indian law.
Doctors must hold a valid registration with the Medical Council of India (MCI) or the respective State Medical Council. Medical Representatives must be employed by a licensed pharmaceutical company.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.
4. User Responsibilities
As a user of the Platform, you agree to:
- Provide accurate and current information during registration and maintain its accuracy.
- Use the Platform solely for its intended purpose of facilitating ethical doctor-pharmaceutical engagement.
- Not use the Platform for any unlawful purpose or in violation of any applicable regulations, including the Drugs and Cosmetics Act, 1940.
- Not engage in any activity that could damage, disable, or impair the Platform's functionality.
- Not attempt to gain unauthorised access to other users' accounts or Platform systems.
- Respect appointment schedules and honour bookings made through the Platform.
- Not share, transfer, or sell your account credentials to any third party.
5. UCPMP, DPDP & Regulatory Compliance — Tooling, Not Guarantee
5.1 What Medismo Provides
Medismo provides software tooling — including frequency caps, sample caps, IEI value limits, a signed audit trail, pre-flight declaration of purpose, and consent attestation — intended to assist Users and Organisations in their own compliance with the Uniform Code for Pharmaceutical Marketing Practices 2024 ("UCPMP") issued by the Department of Pharmaceuticals, Government of India, and with the Digital Personal Data Protection Act 2023 ("DPDP Act") and other applicable Indian regulations.
5.2 What Medismo Does Not Provide
Medismo is a technology provider. Medismo is not a law firm, regulatory advisor, medical adviser, or compliance consultant. Nothing on the Platform, in Medismo's documentation, marketing materials, or communications constitutes legal, medical, tax, or compliance advice. Users and Organisations must obtain their own independent professional advice before relying on any feature of the Platform for regulatory purposes.
5.3 Compliance Is the User's and Organisation's Responsibility
Each User and each Organisation remains solely and independently responsible for ensuring that their own conduct, their own data-handling, and their own use of the Platform complies with UCPMP, the DPDP Act, the Drugs and Cosmetics Act 1940, the Medical Council of India / National Medical Commission professional-conduct regulations, and every other law applicable to them. Medismo's provision of tooling is not a delegation or assumption of that responsibility.
In particular, each User undertakes that:
- No gifts, monetary benefits, travel, hospitality, or other inducements will be exchanged between MRs and Doctors through, in connection with, or around any meeting booked on the Platform.
- All product discussions facilitated through the Platform will be factual, balanced, substantiated by scientific evidence, and within the product's approved label.
- The Platform will not be used to promote off-label use of any pharmaceutical product.
- All interactions will maintain professional standards and comply with the Medical Council of India (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and any successor regulations issued by the National Medical Commission.
- Pharma Organisations will operate their own internal compliance programme, train their Medical Representatives, and independently review the Platform's audit trail for their own UCPMP self-declaration filings.
5.4 No Warranty of Regulatory Outcome
Medismo makes no warranty, representation, or guarantee — express or implied — that any specific use of the Platform will satisfy any specific requirement of UCPMP, the DPDP Act, or any other law. Phrases used on the Platform or in Medismo's marketing such as "UCPMP 2024 ready", "audit-ready", "DPDP-aligned", "compliant", "designed for", or similar describe the design intent of the Platform's tooling. They are not certifications, do not constitute a warranty of regulatory compliance, and do not relieve any User or Organisation of their own compliance obligations.
Regulatory requirements change. Medismo will update the Platform in good faith to keep pace with material regulatory developments, but Medismo is not liable for any lag between a regulatory change and a corresponding Platform update, nor for any User's or Organisation's failure to adapt their own practices to regulatory change.
5.5 Enforcement by Medismo
Medismo reserves the right to suspend, restrict, or terminate any account at any time, with or without prior notice, where it reasonably believes the account holder has violated UCPMP, the DPDP Act, these Terms, or any other applicable law, or where such suspension is necessary to comply with a legal, regulatory, or court order directed at Medismo. Such suspension does not make Medismo a party to the underlying regulatory matter and does not waive any of the disclaimers or limitations in these Terms.
5A. No Legal, Medical or Professional Advice
The Platform, its features, documentation, support responses, onboarding materials, template copy, default caps, and any AI-generated outputs are provided for general informational and operational purposes only. They do not constitute and must not be relied upon as legal advice, medical advice, regulatory advice, tax advice, or any form of professional advice.
Any decision a Doctor makes about treatment, prescription, or patient care is the Doctor's own professional judgement. Any decision an MR, a pharmaceutical Organisation, or a hospital makes about marketing, compliance filing, sample distribution, or IEI disbursement is their own independent business and regulatory decision. Medismo bears no responsibility for any such decision even if it was informed in part by information displayed on the Platform.
6. Intellectual Property
All intellectual property rights in the Platform, including but not limited to the software, design, logos, trademarks, and content created by Medismo, are the exclusive property of Medismo LifeTech.
Users retain ownership of their own data and content uploaded to the Platform. By uploading content, you grant Medismo a non-exclusive, royalty-free licence to use, store, and process such content solely for the purpose of providing and improving the Platform's services.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or in any way exploit the Platform or its content without prior written consent from Medismo.
7. Data Handling & Privacy
Your use of the Platform is also governed by our Privacy Policy, which details how we collect, use, store, and protect your personal data.
We process personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and other applicable Indian data protection regulations.
By using the Platform, you consent to the collection and processing of your data as described in our Privacy Policy.
8. Payments & Billing
Certain features of the Platform may require a paid subscription. Pricing, billing cycles, and payment terms are outlined in the applicable subscription plan selected by the Organisation.
Payments are processed securely through our payment partner, Razorpay. Medismo does not store complete payment card details on its servers.
All fees are non-refundable unless otherwise specified in the applicable plan terms. Medismo reserves the right to modify pricing with 30 days' advance notice.
9. Virtual MR Visits
Where a Doctor has opted in, the Platform permits an MR to request a meeting as a virtual (video) visit instead of an in-person clinic visit. This section governs the use of that feature. For the privacy handling of data processed during a virtual visit, see Section 6 of our Privacy Policy.
9.1 Not a Clinical Consultation
A virtual MR visit is a promotional interaction between a pharmaceutical Medical Representative and a registered medical professional. It is not a tele-medicine consultation with a patient, does not create a doctor-patient relationship with any third party, and is not governed by the Telemedicine Practice Guidelines 2020 issued by the National Medical Commission.
Doctors must not provide clinical advice, diagnosis, treatment recommendations, or prescriptions to any patient or third party during a virtual MR visit conducted on the Platform. MRs must not use the virtual visit to seek or record any such clinical opinion.
9.2 Consent & Conduct
Both participants must accept the pre-call disclosure before a virtual visit begins. Acceptance is time-stamped and retained as part of the UCPMP audit trail for seven (7) years. The pre-call disclosure includes the promotional nature of the interaction, whether the call is being recorded, and a link to these Terms and the Privacy Policy.
During the call, both parties must comply with the UCPMP 2024 in the same manner as an in-person interaction, including but not limited to rules on samples, brand reminders, and prohibited conduct.
9.3 Recording
Recording is disabled by default. A virtual visit is only recorded when all three of the following are true: the Doctor has enabled recording in their profile, the MR's pharma company has recording enabled on its Platform tier, and both parties confirm consent at the pre-call disclosure for that specific call. The on-screen disclosure states unambiguously whether recording is on or off. Any participant may refuse to continue if they do not consent to recording.
Where a recording is made, the Doctor may (i) download a copy at any time during its retention period, and (ii) request deletion at any time, subject to any overriding UCPMP legal-hold obligation on the pharma company. Further detail on retention and access is provided in Section 6 of the Privacy Policy.
9.4 Media Infrastructure
The real-time audio and video transport for virtual visits is provided by a third-party sub-processor (currently LiveKit Inc., subject to change with notice) under a written data-processing agreement. Medismo is responsible for the Platform surface — scheduling, identity verification, consent ledger, audit trail, and application-level security — but does not warrant the uptime, latency, quality, or availability of the underlying media network.
If a virtual visit cannot be completed due to connectivity issues, device failure, or third-party media outage, no pharma credit will be deducted for that attempt. Either party may reschedule without penalty. Medismo's total liability for a failed virtual visit is limited to not charging for it.
9.5 Eligibility & Device Requirements
Virtual visits require a supported modern browser (Chrome, Edge, Firefox, Safari 14.3 or later), a working camera and microphone, and sufficient network bandwidth (~1 Mbps up/down per participant). Users are responsible for ensuring their device and network meet these requirements. The Platform does not provide technical support for user-side device or network issues.
9.6 Pricing for Virtual Visits
Virtual visits are billed to the MR's pharma Organisation using a tiered credit model based on the institution type of the Doctor. The applicable credit multiplier is determined at the time of booking confirmation and is stamped on the session so historical visits bill at the rate then in force. Current tiers are published on the Platform pricing page.
Doctors are not charged for virtual visits. Institutional hosting arrangements between Medismo and hospitals are governed by separate agreements and do not affect these Terms.
9.7 Prohibited Uses
- Using the Platform to conduct any virtual consultation with a patient.
- Circumventing the on-screen consent or recording controls.
- Screen-recording, screen-sharing, or otherwise capturing the call outside of the Platform's own recording mechanism, where the other party has not been made aware.
- Impersonating another Doctor, MR, or organisation on a virtual visit.
- Any conduct that would violate UCPMP 2024 or this Agreement in an in-person visit.
Violation of this section may result in immediate suspension of the account and reporting to the pharma company's compliance officer.
10. Disclaimers & Limitation of Liability
10.1 Platform Provided "As Is"
The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Medismo expressly disclaims all warranties of any kind, whether express, implied, or statutory, including (without limitation) any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, uninterrupted or error-free operation, or regulatory compliance of any kind.
10.2 No Regulatory Warranty
Without limiting Section 10.1, Medismo specifically makes no representation or warranty that:
- Use of the Platform will, in any specific case, comply with UCPMP 2024, the DPDP Act 2023, the Drugs and Cosmetics Act 1940, the Medical Council of India / National Medical Commission professional-conduct regulations, or any other law applicable to the User or Organisation;
- The Platform's audit trail, logs, consent attestations, or CSV exports will be accepted as sufficient evidence by any regulator, auditor, court, or tribunal;
- The Platform's default caps, filters, or compliance checks capture every form of non-compliant conduct;
- The Platform will remain continuously compatible with future changes to UCPMP, DPDP, or any other law.
Each User and Organisation must make their own independent assessment of whether the Platform meets their regulatory needs.
10.3 Indirect and Consequential Losses Excluded
To the maximum extent permitted by applicable law, Medismo shall have no liability for any indirect, incidental, special, exemplary, punitive, or consequential damages, nor for any loss of profits, revenue, business, goodwill, anticipated savings, data, opportunity, or reputation, whether arising in contract, tort (including negligence), statute, or otherwise, and whether or not Medismo was advised of the possibility of such damages.
10.4 Third-Party Decisions & Conduct
Medismo is not responsible for (i) any clinical, commercial, or compliance decision a Doctor, MR, Organisation, or any other User makes based on or around an interaction facilitated through the Platform, (ii) any act or omission of a User or Organisation that causes them to be found non-compliant by any regulator, or (iii) the conduct of any third-party sub-processor to the extent such conduct is outside Medismo's reasonable control.
10.5 Aggregate Liability Cap
Subject to applicable mandatory law, Medismo's total aggregate liability arising out of or in connection with these Terms and any use of the Platform — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the lower of (a) the fees actually paid by the User's Organisation to Medismo in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) INR 1,00,000 (Indian Rupees one lakh). For Users whose Organisation has not paid Medismo any fees (including free-tier Doctors), the cap under (b) shall apply.
10.6 Essential Basis of the Bargain
The exclusions and limitations in this Section 10 are an essential element of the commercial bargain between the parties. The Platform is priced accordingly. The Platform would not be made available on the stated terms without these exclusions and limitations.
11. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Medismo, its affiliates, and their respective officers, directors, shareholders, employees, contractors, and agents from and against any and all claims, demands, investigations, proceedings, damages, fines, penalties, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your violation of these Terms.
- Your violation of any applicable law or regulation — including, without limitation, UCPMP 2024, the DPDP Act 2023, the Drugs and Cosmetics Act 1940, and MCI / NMC professional-conduct regulations — regardless of whether the Platform's tooling did or did not flag the relevant conduct.
- Any regulatory investigation, enquiry, notice, or proceeding directed at you or your Organisation arising from activity conducted on or around the Platform.
- Any Content, data, or submission you provide through the Platform, including any representation you make about a product's label or efficacy.
- Your gross negligence, wilful misconduct, or fraud.
- Any third-party claim, including by patients, employers, regulators, competitors, or other Users, arising out of your conduct in connection with the Platform.
Medismo may, at its option and expense, assume the exclusive defence and control of any matter subject to indemnification by you. You will cooperate with Medismo's defence of any such claim and will not settle any claim without Medismo's prior written consent.
12. Termination
You may terminate your account at any time by contacting our support team. Upon termination, your right to access the Platform will cease immediately.
Medismo may suspend or terminate your account at any time, with or without cause, including but not limited to:
- Violation of these Terms or the UCPMP.
- Fraudulent, abusive, or illegal activity.
- Non-payment of applicable fees.
- Extended period of inactivity exceeding 12 months.
Upon termination, Medismo will retain your data for a period of 90 days, after which it may be permanently deleted. You may request a data export prior to termination.
13. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.
Before initiating any legal proceedings, the parties agree to attempt resolution through good-faith negotiation for a period of 30 days, followed by mediation if necessary.
14. Changes to These Terms
Medismo reserves the right to update or modify these Terms at any time. We will notify users of material changes via email or through a notice on the Platform at least 15 days before the changes take effect.
Continued use of the Platform after such changes constitutes acceptance of the updated Terms.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Medismo LifeTech
Email: legal@medismo.in
Support: support@medismo.in