TERMS OF USE

These Terms of Use ("Terms") are published in compliance with, and pursuant to, the provisions of the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules framed thereunder including the Information Technology (Intermediaries Guidelines) Rules, 2011, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, together with all other Applicable Law.

These Terms constitute a legally binding and enforceable agreement between:

NEXTBIG HEALTHCARE PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having its registered office at Gopala Complex, 1st Floor, No. 45/3, Residency Road, Bangalore - 560025, Karnataka, India, operating under the brand name "Inticure" (hereinafter referred to as the "Company", "Inticure", "We", "Our" or "Us");

AND

Any natural or legal person who accesses, registers on, or otherwise uses the website located at www.inticure.com, or any associated mobile application or other digital interface operated by the Company (collectively, the "Platform") (hereinafter referred to as "You", "Your" or "User").

The Company and the User are hereinafter individually referred to as a "Party" and collectively as the "Parties".

1. NATURE AND APPLICABILITY OF TERMS

1.1. These Terms, together with the Privacy Policy, the Cancellation and Refund Policy, and the Telehealth Consent, each available on the Platform and incorporated herein by reference, constitute the entire agreement between the Parties ("Agreement") and govern Your use of the Platform and the services provided thereunder ("Services").

1.2. By accessing or using the Platform, You irrevocably and unconditionally accept and agree to be bound by these Terms. If You do not agree, You are prohibited from accessing or using the Platform or availing any Services.

1.3. The Company reserves the right, in its sole discretion, to amend, modify, or update these Terms at any time. Material amendments shall be notified to You via email or on the Platform at least fifteen (15) days prior to becoming effective; non-material amendments shall be effective upon publication on the Platform.

Continued use of the Platform by You after such publication or notice shall constitute Your acceptance of the amended Terms.

2. DEFINITIONS

2.1. "Applicable Law" shall mean all laws, rules, regulations, notifications, guidelines, circulars and codes in force in India, as amended from time to time.

2.2. "Consultation" shall mean a paid session provided by a Practitioner to a User via audio, video, or other electronic means through the Platform.

2.3. "End-User" shall mean any User who books or avails a Consultation on the Platform.

2.4. "Non-RMP Practitioner" shall mean a healthcare or wellness professional who is not a Registered Medical Practitioner (for example, psychologists, counsellors, dieticians, sexologists, etc.).

2.5. "Package" shall mean a bundled set of Consultations purchased by an End-User.

2.6. "Practitioner" shall mean either a Registered Medical Practitioner ("RMP") or a Non-RMP Practitioner.

2.7. "Registered Medical Practitioner" or "RMP" shall mean a medical practitioner duly registered with the Indian Medical Register or any State Medical Register under the laws of India.

2.8. "Services" shall mean the technology platform and associated support services provided by the Company to connect Users with Practitioners and enable Consultations.

3. CONDITIONS OF USE

3.1. Only persons competent to contract under the Indian Contract Act, 1872 may use the Platform.

3.2. Representation for Minors: Persons below eighteen (18) years of age ("Minors") may use the Platform only under the direct supervision of a parent or legal guardian. If You are a parent or legal guardian availing Services for a Minor, You hereby represent and warrant that You are the lawful guardian of the Minor and possess the legal authority to consent on their behalf. You shall be deemed to have accepted these Terms on behalf of the Minor and agree to indemnify and hold harmless the Company against any and all claims, damages, or liabilities arising from a breach of this representation. The Company is under no obligation to independently verify the authenticity of Your guardianship.

3.3. Representation for Others: If You are accessing the Platform on behalf of another individual, You represent that You are duly authorised to accept these Terms on their behalf.

4. NATURE OF SERVICES

4.1. Role of the Company: The Company is a technology platform and an "intermediary" as defined under the Information Technology Act, 2000. It is not engaged in the practice of medicine or the provision of healthcare services. The Company's sole obligation is to ensure the availability of the Platform to connect Users with independent Practitioners.

4.2. RMP Consultations: (a) All diagnoses, treatments, and prescriptions shall be provided only by RMPs duly registered in India. (b) All such Consultations shall be deemed to occur solely within the territory of India, irrespective of the User's physical location. (c) RMPs warrant compliance with Telemedicine Guidelines 2020, including appropriate consultation duration, audio-video quality standards, and record-keeping as per their professional judgment and regulatory requirements. The Company disclaims liability for clinical standard variations.

4.3. Non-RMP Consultations: (a) You acknowledge that Non-RMP Practitioners may be located, licensed, and resident in jurisdictions outside of India. (b) By booking a Consultation with such a Practitioner, you acknowledge and consent to receiving services from a foreign-based professional. The Company makes no representation or warranty regarding the validity or recognition of such a Practitioner's qualifications in Your local jurisdiction.

4.4. Practitioner & Liability Disclaimers: (a) Independent Contractor Status: Users acknowledge that all Practitioners are independent contractors and not employees or agents of the Company. All professional liability, including but not limited to medical negligence or malpractice, rests exclusively with the Practitioner. (b) Disclaimer of Liability: The Company disclaims all liability for the acts, omissions, quality of services, advice, or conduct of any Practitioner. (c) Prescription Disclaimer: The Company is not responsible for prescription accuracy, drug interactions, or medical outcomes. All prescription decisions are solely the Practitioner's professional judgment. (d) E-Prescription Disclaimer: Digital prescriptions are generated by independent RMPs. The Company disclaims all liability for prescription accuracy, drug interactions, contraindications, or therapeutic outcomes. Patients must verify prescriptions with local pharmacists before use. (e) The Company is not responsible for prescription abuse, overdose, or adverse drug reactions." (f) Users acknowledge: (i) All Practitioners assume complete professional liability for their services (ii) The Company provides a technology platform only (iii) Professional standards, qualifications, and liability rest solely with individual Practitioners (iv) Users must independently verify Practitioner credentials if desired (v) The Company disclaims all warranties regarding Practitioner qualifications beyond basic profile information

4.5. Disclaimer for Emergencies: The Services are not intended for use in medical emergencies or where physical examination is required. Users experiencing medical emergencies must seek immediate in-person care.

5. CONSULTATIONS AND PACKAGES

5.1. All Consultations are paid. The earlier provision for free consultations, if any, has been discontinued.

5.2. Packages are available in sets of three, six, nine or twelve sessions and may be purchased individually or as a couple. Individual packages are non-transferable. The company in the future may add other packages, which will vary in the number of sessions. Those packages will also function similarly to these packages.

5.3. Packages are subject to validity periods as set out in the Cancellation and Refund Policy.

5.4. Location-Based Pricing: Consultation fees shall vary depending on whether the User is located inside or outside India. The Company may verify location through technical means. If a User is found to have misrepresented their location, the Company reserves the right to cancel any bookings or Packages without refund.

6. USER RESPONSIBILITIES

6.1. Users shall provide accurate and complete information, including medical history, to enable Practitioners to render services effectively.

6.2. Users shall not harass, abuse, or engage in inappropriate conduct with Practitioners. Any such conduct may result in immediate termination of Services without refund.

6.3. Users acknowledge that prescriptions issued by RMPs are valid only within India. All prescriptions shall be deemed electronically signed, including through scanned or digital signatures as valid under the Information Technology Act, 2000.

7. DATA PRIVACY AND RECORDING

7.1. The collection, storage, and use of User data is governed by the Privacy Policy, which is incorporated herein by reference.

7.2. The Company may, subject to the User's explicit consent under the Telehealth Consent and Patient Declaration, record or document audio/video Consultations for record-keeping, medico-legal compliance, training, or quality monitoring.

7.3. Third-Party Platform Disclaimer The Platform integrates Google Meet for video consultations. Users acknowledge: (a) Google Meet is an independent third-party service; (b) The Company disclaims all warranties regarding Google Meet functionality, security, or availability; (c) Any Google Meet service interruptions, data breaches, or technical issues are beyond Company control; (d) Users waive all claims against the Company arising from Google Meet usage; (e) Alternative communication methods may be provided at Company discretion if Google Meet is unavailable.

8. PAYMENT TERMS

8.1. All payments shall be made in advance through the payment gateways integrated with the Platform.

8.2. Refunds, cancellations and rescheduling shall be governed strictly by the Cancellation and Refund Policy.

8.3. Prohibition on Chargebacks: The User expressly agrees that all payments are subject exclusively to the Cancellation and Refund Policy. The User hereby irrevocably waives any right to initiate any chargeback, reversal or dispute through banks or financial institutions, except strictly in accordance with such Policy. Any attempt to initiate a chargeback inconsistent with the said Policy shall constitute a material breach of these Terms, entitling the Company to suspend or terminate the User's access, recover any amounts improperly refunded, and claim damages, costs and expenses, including reasonable legal fees.

9. CONFIDENTIALITY

9.1. All Personal Information and Sensitive Personal Data provided by Users shall be kept confidential by the Company, save as required by law or as set forth in the Privacy Policy.

10. LIMITATION OF LIABILITY AND INDEMNITY

10.1. No Warranty: The Services are provided on an "as-is" and "as-available" basis. The Company expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2. Aggregate Liability: To the fullest extent permitted by law, the aggregate liability of the Company under this Agreement shall be limited to the amount actually paid by the User for the specific Service giving rise to the claim.

10.3. Indemnity: You shall indemnify, defend, and hold harmless the Company, its directors, officers, and employees from any claims, losses, damages or liabilities arising out of Your misuse of the Platform, misrepresentation, or breach of these Terms.

11. TERMINATION

11.1. The Company may, in its sole discretion, suspend or terminate Your access to the Platform for any violation of these Terms, fraudulent activity, or conduct deemed inappropriate, without notice and without any liability to provide a refund.

12. GOVERNING LAW AND JURISDICTION

12.1. These Terms shall be governed by, and construed in accordance with, the laws of India.

12.2. Subject to Clause 13 (Dispute Resolution), the courts at Bangalore, Karnataka shall have exclusive jurisdiction over all disputes arising hereunder.

13. DISPUTE RESOLUTION

13.1. The Parties shall first attempt to resolve any dispute, controversy, or claim arising out of or in connection with this Privacy Policy, including its validity, breach, termination, or interpretation (each a "Dispute") amicably through negotiation within fifteen (15) days of a notice of dispute.

13.2. Any dispute, controversy, or claim arising out of or in connection with this Privacy Policy, including its validity, breach, termination, or interpretation (each a "Dispute"), shall be amicably resolved by the Parties through good faith negotiations within fifteen (15) days of written notice from one Party to the other. If the Dispute remains unresolved, it shall be referred to and finally resolved by arbitration in accordance with the rules of the Metropolitan Chamber of Industry & Commerce (MCIA) Arbitration Centre (the "MCIA Rules"), including the Expedited Procedure where applicable. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the MCIA Rules. The seat, venue, and place of arbitration shall be Bangalore, India, and the language of the arbitration shall be English. The award rendered shall be final and binding on the Parties. The costs of arbitration shall be borne by the Party initiating the Dispute, subject to the arbitrator's final award. In case of any conflict between this clause and the arbitration provisions in the Governing Documents, the arbitration clause in the Terms of Use shall prevail as the master agreement.

13.3. Waiver of Class Action: The Parties irrevocably waive any right to consolidate claims or to participate in a class action. The award rendered shall be final and binding.

14. INTERNATIONAL USE AND COMPLIANCE

14.1. Extraterritorial Validity Disclaimer: The Company provides no warranty that the Services are compliant with the laws of any jurisdiction outside India. Users accessing the Platform from outside India are solely responsible for ensuring compliance with all applicable local laws.

14.2. Waiver of Local Consumer Protection: The Services are provided from India and governed exclusively by Indian law. Users accessing the Services from outside India acknowledge that they are importing services for their personal use and hereby irrevocably waive any right to bring a claim under their local consumer protection laws.

14.3. Submission to Jurisdiction: International Users hereby unconditionally submit to the exclusive jurisdiction of the courts of Bangalore, India and the arbitration mechanism set forth in Clause 13. Users agree that any judgment or arbitral award from Bangalore shall be fully enforceable in their local jurisdiction and waive any claim of immunity or forum non conveniens. This arbitration clause shall be severable and enforceable even if other provisions are deemed invalid. International users agree that this clause is enforceable in their local jurisdiction under the New York Convention.

14.4. "MAXIMUM AGGREGATE LIABILITY: The Company's total liability under all claims shall not exceed ₹1,00,000 (One Lakh Rupees) or the total fees paid by the User in the preceding 12 months, whichever is lower."

15. PHARMACY SERVICES

15.1. The Platform does not currently offer pharmacy or medication fulfillment services. Any pharmacy services, if offered in the future, shall be provided exclusively via third-party partners under separate terms and conditions agreed directly between You and such partners. The Company disclaims all liability for the fulfillment, quality, delivery, efficacy, or any outcomes related to such third-party pharmacy services, and You agree to indemnify the Company against any claims arising therefrom.

16. GRIEVANCE REDRESSAL

16.1. Any grievances or complaints may be directed to the Grievance Officer appointed in accordance with our Privacy Policy.

17. MISCELLANEOUS

17.1. Force Majeure: The Company shall not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, pandemics, strikes, or telecommunication failures. Force majeure includes cyber attacks, data breaches, government restrictions on telehealth services, and pandemic-related lockdowns affecting service delivery.

17.2. Severability: If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect.

17.3. Notices: All notices to the Company shall be in writing and sent to wecare@inticure.com.

17.4. Entire Agreement: These Terms, together with the Privacy Policy, Cancellation and Refund Policy, and Telehealth Consent, constitute the entire agreement between the Parties and supersede all prior understandings.

18. EMERGENCY SERVICES

18.1. The Platform is not intended for medical emergencies. Users experiencing psychiatric emergencies, suicidal ideation, or acute medical conditions must immediately contact local emergency services (112 in India). The Company disclaims all liability for emergency situations.