Terms of Service

1. Mandatory Acceptance and Binding Agreement

BINDING AGREEMENT: These Terms of Service ("Terms") create a legally binding contract between you and DrishtiKit. By accessing our website, viewing our content, purchasing our products, or using our services in any manner, you unconditionally agree to be bound by these Terms.

NO ALTERNATIVE: These Terms apply to all users without exception. If you do not agree to these Terms in their entirety, you are prohibited from using our website, products, or services and must cease all interaction with DrishtiKit immediately.

MODIFICATION RIGHTS: We reserve the absolute right to modify, update, or replace these Terms at any time, for any reason, without notice. All modifications are effective immediately upon posting and apply to all past, present, and future use of our services.

2. Description of Service

DrishtiKit provides portable eye testing solutions including hardware, software, and related services designed for healthcare professionals to conduct comprehensive vision screenings in various settings.

2.1 Products and Services Include:

• DrishtiKit portable eye testing hardware and equipment
• Vision screening charts and testing materials
• Mobile application for data collection and analysis
• Training materials and user guides
• Technical support and customer service
• Warranty and maintenance services

3. Eligibility and User Accounts

3.1 Eligible Users

DrishtiKit products and services are intended for use by qualified healthcare professionals, including:

• Licensed physicians and optometrists
• Trained community health workers
• Healthcare organizations and institutions
• Educational institutions conducting vision research
• NGOs and public health organizations

3.2 Account Requirements

You must be at least 18 years old and have the legal authority to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Product Orders and Payment

4.1 Order Process

Orders for DrishtiKit products can be placed through our website, authorized distributors, or by contacting our sales team directly. All orders are subject to acceptance and availability.

4.2 Pricing and Payment

• All prices are listed in Indian Rupees (INR) unless otherwise specified
• Prices are subject to change without notice
• Payment is required before shipment unless credit terms have been established
• Accepted payment methods include bank transfers, credit cards, and other approved methods
• Additional taxes, duties, or fees may apply based on your location

4.3 Shipping and Delivery

We will ship products to the address you specify. Delivery times are estimates and may vary based on location and product availability. Risk of loss passes to you upon delivery to the carrier.

5. Extremely Limited Warranty and Support

5.1 Highly Restrictive Limited Warranty

MINIMAL WARRANTY ONLY: DrishtiKit provides an extremely limited warranty against obvious manufacturing defects only, subject to the following strict conditions:

• Warranty period: 90 days from purchase (not 2 years)
• Covers only obvious manufacturing defects determined solely by DrishtiKit
• Products must be completely unused and in original sealed packaging
• Customer must prove defect existed at time of manufacture
• Warranty voids immediately upon any use, opening, or handling
• Warranty covers repair only (not replacement or refund) at our sole discretion
• Customer bears all shipping costs for warranty claims
• Warranty excludes all consumable items, accessories, and software

5.2 Limited Technical Support (No Guarantees)

Technical support is provided at DrishtiKit's sole discretion and convenience, with no guarantees of:

• Response time or availability
• Problem resolution or solution effectiveness
• Continued support availability
• Support quality or accuracy
• Support may be discontinued at any time without notice
• Support fees may be charged at our discretion

5.3 Comprehensive Warranty Disclaimer

MAXIMUM LEGAL DISCLAIMER: EXCEPT FOR THE MINIMAL WARRANTY ABOVE, DRISHTIKIT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES OF QUALITY, PERFORMANCE, OR RELIABILITY
• WARRANTIES OF ACCURACY OR COMPLETENESS
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE

AS-IS BASIS: All products and services are provided "AS IS" and "AS AVAILABLE" with all faults and without warranty of any kind. You assume all risks associated with use of our products and services.

6. Proper Use and Professional Responsibility

6.1 Professional Use Only

DrishtiKit products are medical devices intended for use by trained healthcare professionals only. Users must:

• Possess appropriate training and qualifications
• Follow all provided instructions and safety guidelines
• Maintain professional standards of care
• Comply with applicable laws and regulations
• Ensure patient privacy and data protection

6.2 Limitations of Use

You agree not to:

• Use products for purposes other than vision screening
• Modify, reverse engineer, or tamper with equipment
• Share login credentials or allow unauthorized access
• Use products in ways that could cause harm or injury
• Violate any applicable laws or regulations

7. Data and Privacy

7.1 Patient Data Responsibility

Healthcare professionals using DrishtiKit are solely responsible for:

• Obtaining proper patient consent for data collection
• Complying with healthcare privacy laws (GDPR, etc.)
• Securing patient data and maintaining confidentiality
• Following institutional data governance policies

7.2 Our Data Practices

Our collection and use of personal information is governed by our Privacy Policy. We do not access or use patient health information collected through DrishtiKit products without explicit consent.

8. Intellectual Property

8.1 Our Rights

All content, software, designs, and materials provided by DrishtiKit are protected by intellectual property laws. You receive a limited license to use our products and services but do not acquire ownership rights.

8.2 User-Generated Content

Any feedback, suggestions, or improvements you provide may be used by DrishtiKit for product development without compensation, unless otherwise agreed in writing.

9. Maximum Limitation of Liability

9.1 Absolute Liability Cap

MAXIMUM LEGAL PROTECTION: TO THE FULLEST EXTENT PERMITTED BY LAW, DRISHTIKIT'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO THESE TERMS, OUR PRODUCTS, SERVICES, OR ANY INTERACTION WITH DRISHTIKIT SHALL NOT EXCEED ₹1,000 (ONE THOUSAND RUPEES) IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS OR THE LEGAL THEORY.

9.2 Complete Exclusion of Damages

IN NO EVENT SHALL DRISHTIKIT BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• BUSINESS INTERRUPTION OR OPERATIONAL LOSSES
• PERSONAL INJURY OR PROPERTY DAMAGE
• EMOTIONAL DISTRESS OR MENTAL ANGUISH
• LOSS OF REPUTATION OR GOODWILL
• COST OF SUBSTITUTE PRODUCTS OR SERVICES
• MEDICAL EXPENSES OR TREATMENT COSTS
• LEGAL FEES OR LITIGATION COSTS
• ANY OTHER LOSSES OR DAMAGES OF ANY KIND

9.3 Basis of Liability Exclusion

These limitations apply regardless of the legal theory on which the claim is based, including:

• Breach of contract or warranty
• Negligence or strict liability
• Product defects or failures
• Misrepresentation or fraud
• Violation of statutory rights
• Any other legal or equitable theory

9.4 Essential Terms

These liability limitations are essential elements of the agreement between you and DrishtiKit. Without these limitations, DrishtiKit would not provide products or services to you.

10. Comprehensive Indemnification

10.1 Broad Indemnification Obligation

MAXIMUM PROTECTION FOR DRISHTIKIT: You agree to defend, indemnify, and hold completely harmless DrishtiKit, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, demands, suits, proceedings, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Any use of DrishtiKit products, services, or website by you or anyone acting on your behalf
• Any violation of these Terms or any applicable laws by you
• Any medical decisions, diagnoses, treatments, or patient care involving DrishtiKit products
• Any injury, death, or damage caused by or related to DrishtiKit products
• Any product defects, failures, or malfunctions
• Any data breaches, privacy violations, or security incidents
• Any intellectual property infringement claims
• Any regulatory violations or compliance failures
• Any third-party claims against DrishtiKit related to your use
• Any business losses or operational issues you experience

10.2 Indemnification Process

• DrishtiKit will notify you of any claim subject to indemnification
• You must immediately assume full responsibility for the defense
• You cannot settle any claim without DrishtiKit's written consent
• You must pay all costs and expenses as they are incurred
• This indemnification survives termination of these Terms

10.3 No Limitation

Your indemnification obligations are unlimited in amount and scope, and are not subject to any caps, limitations, or exclusions that may apply to DrishtiKit's liability.

11. Cancellation and Refund Policy Reference

Returns, cancellations, and refunds are governed by our separate Cancellation & Refund Policy, which contains highly restrictive terms designed to protect DrishtiKit's interests. By using our services, you agree to be bound by those terms as well.

Important: Our Cancellation & Refund Policy severely limits your rights to returns and refunds. Please review it carefully before making any purchase.

12. Unrestricted Termination Rights

12.1 DrishtiKit's Termination Rights

ABSOLUTE TERMINATION AUTHORITY: DrishtiKit may terminate, suspend, or restrict your access to our products, services, or website at any time, for any reason or no reason, with or without notice, and without liability to you.

• Immediate termination without warning or explanation
• No refunds or compensation for terminated services
• Termination may be based on our sole discretion or business needs
• Termination may occur even if you have not violated any terms
• We may terminate for competitive, strategic, or operational reasons

12.2 Effects of Termination

Upon termination by DrishtiKit, you must immediately:

• Cease all use of DrishtiKit products and services
• Return or destroy all DrishtiKit materials in your possession
• Pay all outstanding amounts owed to DrishtiKit
• Comply with any additional termination requirements we specify
• Accept that no refunds or compensation will be provided

12.3 Survival of Terms

The following sections survive termination indefinitely: Indemnification, Limitation of Liability, Intellectual Property, Governing Law, and any other provisions that by their nature should survive.

12.4 Your Limited Termination Rights

You may cease using our services, but termination does not relieve you of obligations incurred prior to termination, including payment obligations and indemnification duties.

13. Governing Law and Disputes

These Terms are governed by the laws of India. Any disputes arising from these Terms or our relationship will be resolved through binding arbitration in accordance with Indian arbitration laws, except for intellectual property disputes which may be brought in appropriate courts.

14. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, war, terrorism, or supply chain disruptions.

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and DrishtiKit regarding the subject matter herein.

16. Updates to Terms

We may update these Terms from time to time. Material changes will be communicated through our website or direct notification. Your continued use of our products and services after changes are posted constitutes acceptance of the updated Terms.

17. Contact Information

For questions about these Terms or any other matters, please contact us:

By using DrishtiKit products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.