THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 ("IT ACT") AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

For Pracflow Users and Clients (All mental health professionals, clinic staff, and end users):

1. Mental Health Practice Platform(s) - Description and Terms of Contract

1.1 Services Provided

This agreement provides the User with access to Pracflow's solution and platform. The services include functionalities such as:

• Mental health case documentation, session plans, and notes.
• Assignments and appointment scheduling.
• Billing, invoicing, payments, and relevant analytics.
• Client-specific scheduling and documentation via the Client App.

1.2 Platform Access

Users and clients may access Pracflow's platforms via a web interface or mobile devices.

1.3 Account Confidentiality

Users are solely responsible for maintaining the confidentiality of their account details. In case of any unauthorized access, they must notify Pracflow at support@kasi.care. Users must ensure their account is not shared or transferred to third parties.

1.4 Updates to Terms

The evolving nature of healthcare, mental health, digital platforms, and regulations may necessitate updates. Pracflow retains the right to amend these Terms, the Platform, or the Services as required.

2. Permitted and Restricted Use of Services

2.1 Pracflow's Commitments

• Service Availability: Pracflow will ensure consistent platform availability, except during scheduled maintenance or unforeseen disruptions.
• Customer Support: Pracflow commits to providing support via email within 2 business days for troubleshooting, billing inquiries, and platform guidance.
• Data Security: Pracflow will implement robust measures to protect User and Client Data. In case of a breach, prompt action and notification will be taken as per regulatory standards.
• Regulatory Compliance: The platform will align with Indian regulatory standards and jurisdictional mandates, including periodic updates for improved functionality.
• Platform Enhancements: Pracflow will periodically refine and update the platform to resolve bugs, add features, and enhance user experience.
• Respect for Intellectual Property: Users retain ownership of Client records, notes, and any content produced on the platform.
• Data Privacy: Pracflow will access User and Client Data only for operational purposes or legal compliance, adhering to strict confidentiality protocols.
• Non-commercial Use of Data: Pracflow will not sell, lease, or distribute User or Client Data for profit. Data usage will be strictly for service enhancement and regulatory adherence.

2.2 User Obligations

• Data Accuracy: Users must ensure the accuracy and completeness of their data.
• Client Communication: Users are responsible for confirming their Clients receive critical communications, especially during technical interruptions.
• Authorization to Share Data: Users must have appropriate permissions before sharing data with Pracflow.
• Use Limitations: Users must use the platform for lawful, authorized purposes only.
• Ethical Use: Users must uphold ethical standards, including mandatory reporting of harm or abuse as per professional guidelines.
• Notification of Unauthorized Access: Users must inform Pracflow immediately about any unauthorized access to their account or data.
• Professional Judgment: Pracflow tools do not replace the User’s professional judgment. Users must rely on their expertise for decisions.
• Training and Understanding: Users are responsible for learning how to use the platform effectively and complying with regional legal or ethical obligations.
• Crisis Intervention: Pracflow is not a crisis intervention platform. Users should have separate procedures for crisis management.

2.3 Prohibited Activities

• Unauthorized Use: Using the platform for unintended purposes.
• Resale: Selling, reselling, renting, or leasing access to the service.
• Inappropriate Content: Transmitting unlawful or malicious content.
• Interference: Disrupting the platform's integrity or performance.
• Unlawful Access: Attempting to gain unauthorized access to the service or related systems.
• Reverse Engineering: Decompiling or disassembling any part of the platform.
• Removal of Proprietary Marks: Modifying or removing proprietary markings on the platform.
• Competitive Misuse: Using the platform to develop competing products or services.
• Unlawful Activities: Supporting illegal activities via the platform.
• Prescription Restrictions: The platform cannot be used for prescribing medications or interventions outside mental health care.
• Scope of Practice: The platform must be used in alignment with mental health, therapy, counseling, or related fields.
• Third-party Liability: Users are responsible for any prohibited activities by third parties associated with their account.

3. Personal Data and Privacy

3.1 Personal Data Processing: The User

The User acknowledges that their data may include Personal Data. In fulfilling its obligations as a data intermediary, Pracflow shall:

• 3.1.1 Compliance and Instructions: Process Personal Data adhering solely to the User's instructions. This may include directives to disclose or transfer Personal Data to Third Party Service Providers, but only as required for service provision or as dictated by applicable law.
• 3.1.2 Data Security Measures: Adopt technical and organisational measures in line with industry standards to protect Personal Data against unauthorised or unlawful processing, accidental loss, alteration, or unauthorised disclosure.
• 3.1.3 Access and Corrections: Respond to any requests for access to Personal Data and rectify any inaccuracies in the Personal Data processed by Pracflow without undue delay.

3.2 User Obligations Pertaining to Data Handling:

Address any Client concerns or queries about their data's handling promptly. Please visit our privacy policy to learn more.

4. Outcome Measures, Assessments, and Assignment of Work

• 4.1 Automated Scoring of Open-Sourced Measures: Pracflow provides automated scoring for specific outcome measures. All such measures employed are open-sourced and freely available to the public. Pracflow does not claim copyright or ownership over these measures nor does it derive any specific income from the utilisation of these measures.
• 4.2 Respect for Copyright Holders: Pracflow respects the rights of copyright holders. If a legitimate copyright holder of any of the hosted measures contacts Pracflow with a valid request to remove their measure due to copyright issues, Pracflow will promptly comply with this request.
• 4.3 Practitioner's Responsibility for Outcome Measures: Practitioners are solely accountable for ensuring that any outcome measure or assessment they use, either through Pracflow or independently, adheres to the requisite ethical, legal, and professional guidelines.
• 4.4 Intellectual Property Ownership: Pracflow provides practitioners the capability to upload their own documents. Pracflow neither claims nor assumes ownership or rights over such intellectual property; unless a collaborative agreement between the two parties is established to co-generate the same. Pracflow shall not be held responsible or liable for any violations of intellectual property rights related to content generated by practitioners.

5. Third Party Service Providers

• 5.1 Engagement with Third Parties: Pracflow may collaborate or integrate with Third Party Service Providers to deliver certain services. The User acknowledges and consents to this arrangement.
• 5.2 Data Protection and Third Party Sharing: If the User opts to utilise Third Party Services, they are responsible for ensuring full compliance with all relevant data protection legislations. However, when Pracflow shares User and Client Data with Third Parties for service-related functions, it will ensure that these Third Parties maintain appropriate security measures. Notwithstanding, the supplemental terms and conditions set by the respective Third Party Service Provider. Pracflow will make these additional terms available to the User upon their engagement. The User must always exercise discretion and understand the data policies of any Third Party Service they decide to use directly.
• 5.3 Autonomy of Third Party Service Providers: The User acknowledges that Third Party Service Providers are separate and autonomous entities, and while Pracflow might collaborate with them, it neither controls nor oversees their services directly. As such, Pracflow cannot vouch for the consistent quality or reliability of their offerings. It's also worth noting that these providers may change, pause, or cease their services without giving prior notice. However, whenever feasible, Pracflow commits to notifying the User if it becomes privy to significant modifications or discontinuations in Third Party Services.
• 5.4 Disclosure Upon Request: Users may request an updated list of Pracflow's Third Party Service Providers. While Pracflow intends to be transparent, certain disclosures might be limited due to commercial confidentiality agreements.

6. Disclaimers

• 6.1 Warranty Disclaimers:
  • 6.1.1 No Express or Implied Warranty: The Pracflow service is provided "as is" and "as available", without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • 6.1.2 No Service Guarantee: Pracflow does not guarantee uninterrupted, secure, or error-free operation of the service. Outages, interruptions, or disruptions may occur, and Pracflow does not warrant that these will be corrected. Pracflow will, however, make reasonable efforts to resolve or mitigate such disruptions when they occur.
• 6.2 Nature of the Service:
  • 6.2.1 No Therapeutic Advice or Diagnosis: Pracflow's Platforms are not intended to offer therapeutic advice, conduct mental health diagnoses, or dictate therapeutic interventions. The service should not replace the professional judgement of licensed therapists, psychologists, or other mental health care providers.
• 6.3 User Responsibilities:
  • 6.3.1 Accuracy of Information: The User is solely responsible for ensuring the accuracy of Client information, which includes but is not limited to, obtaining a mental health history, emergency contacts, and consents.
  • 6.3.2 Consent: Obtaining Client consent for using Pracflow's services is the responsibility of the User. The User shall inform Clients that Pracflow is a tool and should be used in conjunction with, and not as a replacement for, professional judgement.
  • 6.3.3 Clinical Decisions: All decisions or actions concerning the mental and emotional health and wellness of Clients, including any acts or omissions based on information provided by the service, are the User's sole responsibility. Any reliance on or use of Pracflow's service does not diminish the User's clinical accountability.
  • 6.3.4 Compliance with Local Regulations: The User is solely accountable for ensuring that their engagement with Pracflow and their subsequent practice of therapy or mental health care is in full compliance with the regulatory frameworks, ethical standards, and legal stipulations of their specific jurisdiction. Pracflow shall not be held liable for any violations or non-compliance by the User with respect to such local regulations and laws.
• 6.4 Risk Acknowledgment:By opting to use Pracflow’s Service(s) and Platform(s) in a therapeutic setting, the User acknowledges and accepts all risks associated with its use. The User recognises the importance of applying their professional expertise and sound judgement when integrating Pracflow into their practice. It is recommended that the User always employ Pracflow as a supplementary tool, alongside other diagnostic methods and professional judgement.
• 6.5 Mandatory Reporting:
  • 6.5.1 Users are reminded of their ethical and legal obligations concerning mandatory reporting, especially in circumstances that involve potential harm to the Client or others, suspected child abuse, or any other reportable incidents as per their jurisdiction's laws.
  • 6.5.2 Pracflow does not assume responsibility for a User’s failure to adhere to these obligations. It is the sole responsibility of the User to remain updated on their jurisdiction's reporting laws and to take appropriate action when necessary.
  • 6.5.3 While Pracflow provides a platform for interaction between Users and their Clients, it does not monitor these interactions for mandatory reporting scenarios. Therefore, the onus lies entirely with the User to recognise and act upon these situations.

7. Indemnification

7.1 General Obligation to Indemnify

The User agrees to indemnify, hold harmless, and defend Pracflow, its directors, officers, employees, and agents from any liability, cost, or expense, including reasonable attorney’s fees, that Pracflow may suffer or incur as a result of claims, demands, costs, or judgments against Pracflow arising out of or in connection with:

• 7.1.1 Breach: The User's breach of its obligations, representations, and/or warranties under these Terms.
• 7.1.2 Unauthorised Activities: The User's unauthorised use, access, or distribution of the Service.
• 7.1.3 Misrepresentation: The User's provision of false, duplicate, incomplete, unauthorised, or misleading information.
• 7.1.4 Intellectual Property Rights: The User's violation of intellectual property rights, including but not limited to copyrights, patents, and trademarks, or other rights of any third party.
• 7.1.5 Clients Usage: Any claims made by third parties against Pracflow as a result of User's utilisation of the Service.

7.2 Client Communication & Scheduling

7.3 Instructions & Assignments:

8. Mutual Confidentiality

8.1 Protection of Confidential Information

• 8.1.1 Confidentiality Obligation: The Recipient shall employ at least the same care used to protect its own Confidential Information, but no less than reasonable care, to prevent the unauthorised use or exposure of the Discloser's Confidential Information. The Recipient will limit access to the Confidential Information of the Discloser to employees or agents who need it for purposes consistent with these Terms and have confidentiality obligations no less strict than those within this Agreement.
• 8.1.2 Required Disclosures: The Recipient may disclose Confidential Information when mandated by law or judicial proceedings but will give prior notification to the Discloser when legally permissible.

8.2 Exclusions

Confidential Information does not encompass data that:

• 8.2.1 Becomes publicly known without a breach by the Recipient.
• 8.2.2 Was in the Recipient's possession prior to its disclosure without breaching any obligation.
• 8.2.3 Is independently received from a third party without breach of any obligations.
• 8.2.4 Is developed independently by the Recipient without accessing the Discloser's Confidential Information.

8.3 Mental Health Data Specifics

• 8.3.1 All patient information, including, but not limited to, personal identification details, medical histories, therapist-patient interactions, treatment plans, and any associated documentation, is regarded as confidential.
• 8.3.2 The Recipient acknowledges that some of the Confidential Information may pertain to mental health information, which requires additional care and sensitivity in its handling. In such cases, the Recipient should provide an additional layer of care beyond standard confidentiality practices.
• 8.3.3 Pracflow is dedicated to ensuring the utmost protection of this information from unauthorised access, disclosure, alteration, or destruction. However, it should be noted that the responsibility for maintaining this confidentiality during consultations or direct communications lies with both the practitioner and the patient.

9. Proprietary Rights

9.1 Ownership of User Data

• 9.1.1 Data Ownership: Pracflow acknowledges that all User Data remains the property of the User. Except for the limited rights to utilise the User Data explicitly set forth in these Terms, nothing herein grants Pracflow any additional rights to such data.
• 9.1.2 Intellectual Property: All rights, titles, and interests, inclusive of intellectual property rights in the services, remain with Pracflow or its licensors. The User holds a restricted right to use the services as prescribed in these Terms.
• 9.1.3 Feedback: Feedback aids Pracflow in enhancing the services, ultimately benefiting users. Once shared with Pracflow, Pracflow retains rights to such feedback and any resultant intellectual property.
• 9.1.4 Data License: The User grants Pracflow a limited, global, royalty-free licence to use User Data and Client Data exclusively for the purpose of delivering the services that the User has specifically requested or opted into.
• 9.1.4.1 "Global" Definition: The term "global" in this context solely refers to the technical infrastructure Pracflow uses to deliver its services. It does not imply any broader or unrestricted use of data across global markets or for extraneous purposes outside of the specific service delivery to the User.
• 9.1.4.2 Prohibited Uses: Without the explicit written consent of the User, Pracflow shall not:
  • (i) Use, share, or distribute the data for marketing purposes.
  • (ii) Use the data for independent research or development projects.
  • (iii) Sell or monetise the data, whether in its original form, aggregated, or de-identified.
  • (iv) Train machine learning or artificial intelligence (A.I.) models using the data, unless such training directly benefits the User's experience and is communicated transparently to the User.
• 9.1.4.3 De-identification and Aggregation: If Pracflow uses De-Identified Data in an aggregated form, such usage will be for internal service improvement purposes only. Pracflow commits to using de-identification techniques and safeguards to ensure that individual data cannot be linked back to individual users or clients.

9.1.5 Marketing Use

With adherence to the User's branding guidelines, Pracflow may list the practitioner as a client for marketing objectives, encompassing the use of the practitioner's name and/or logo in promotional content. Should the User wish to be excluded from promotional content, they may opt out by providing written notice to Pracflow at support@kasi.care

10. Limitation of Liability

10.1 Service Performance

Pracflow shall exert its best commercial efforts to ensure the Services perform in accordance with their designated functionalities as outlined in prior clauses.

10.2 Service Operation

Pracflow does not guarantee uninterrupted or error-free operation of the Services. The User acknowledges that Pracflow does not control data transfer over communication channels, such as the internet. The Services might be subject to limitations, delays, and other issues related to internet-based communication. Pracflow shall not be held accountable for any disruptions, delivery failures, or damages arising from communication issues, Third Party Services, or the User's breach of this Agreement.

10.3 Remedy for Breach

In the event of a breach of clause 9.1, the sole remedy available to the User will be Pracflow’s effort to correct the deficiency in the Services.

10.4 Exclusions from Liability

Notwithstanding anything to the contrary contained herein, Pracflow shall not be responsible for any loss of revenue, profits, or data, or for special, indirect, consequential, incidental, or punitive damages, regardless of the cause. This includes damages resulting from business interruption, loss of use, or damages arising from the User's misuse of the Services.

10.5 Force Majeure

Neither Party shall be held liable for failure to fulfill its obligations under these Terms if such failure is caused by events outside of the Party's reasonable control, including, but not limited to, acts of war, terrorism, natural disasters, governmental restrictions, or network failures.

11. Miscellaneous

11.1 Entire Agreement

This Agreement, inclusive of its appendices and exhibits, represents the complete understanding between Pracflow and the User and supersedes any previous agreements, understandings, and discussions related to its content.

11.2 Severability

If any provision of this Agreement is deemed illegal, invalid, or unenforceable, such provision shall be considered stricken from this Agreement, but all other provisions will remain in full force and effect. Both parties will negotiate in good faith to replace such void provision with a valid and enforceable one that closely mirrors the intent and economic effect of the stricken provision.

11.3 Waiver

No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

11.4 Assignment

The User may not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Pracflow. Any unauthorised assignment or transfer by the User shall be deemed null and void. Pracflow may assign or transfer any of its rights or obligations under this Agreement without notice or consent.

11.5 Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through amicable negotiations. If such negotiations are unsuccessful, the parties agree to resolve any such disputes through binding arbitration in New Delhi, India, in accordance with the rules of the Courts of New Delhi, India.

11.6 Force Majeure

Pracflow will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations due to events beyond our reasonable control, such as natural disasters, wars, strikes, pandemics, or government actions. If a Force Majeure event affects our obligations, they will be suspended for the duration of the event.

11.7 Notices

All notices under this Agreement shall be in writing and delivered by email or post to the provided addresses, with acknowledgment of receipt. Notices are deemed received on the date of successful transmission (email) or five (5) days after dispatch (post).

11.8 No Third-Party Beneficiaries

Except as expressly provided, no provisions of this Agreement are intended to confer any rights, remedies, or benefits to any third party.

11.9 Relationship of the Parties

Each party operates as an independent entity. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party may make binding statements or commitments on behalf of the other.

11.10 Commitment to Ethical Practices

• 11.10.1 Pracflow commits to honesty, transparency, fairness, and respect in its operations.
• 11.10.2 Definitions:Ethical Breach: Gross violations of honesty, transparency, fairness, or respect.;Fair Investigation: An impartial assessment of suspected ethical breaches.
• 11.10.3 Users are expected to uphold professional and ethical standards in their field.
• 11.10.4 Pracflow may terminate agreements for proven ethical breaches after a fair investigation and response from the User.
• 11.10.5 Legal action may be pursued for ethical breaches causing material harm or damage.

12. Pricing and Cancellation

12.1 Cancellation and Refund Policy

Subscription fees are non-refundable. Early termination does not result in pro-rated refunds.

12.2 Obligations Upon Termination

• The User must settle any outstanding fees and ensure the return or destruction of Pracflow's materials.
• Pracflow will erase User Data within 30 days of termination unless legally required to retain it.

13. Jurisdiction and Governing Law

This Agreement is governed by the laws of India. Disputes are subject to the exclusive jurisdiction of the Courts of New Delhi, India. Pracflow may modify or discontinue services with prior notice.

Contact Us

Please contact us for inquiries regarding the services or platforms.

Grievance Officer

The name and contact details of the Grievance Officer are provided for handling complaints related to services or platforms.
Sourabh Goyal
sourabhgoyal@kasi.care