Terms of Service

1. Parties and acceptance

These Terms of Service ("Terms") are an agreement between StayRising (Sole Proprietorship), owned by Aryan Yadav ("StayRising", "we", "us"), and the hospital, clinic or other organisation that uses StayRising ("Customer", "you").

Legal name

StayRising (Sole Proprietorship)

Proprietor

Aryan Yadav

Product

StayRising — Hospital Management Software (HMS) with WhatsApp messaging module

Udyam Registration No.

UDYAM-UP-38-0102031

Registered address

1, Prem Babu, Shitalganj, Mariyahu Road, Mariyahu, Jaunpur, Uttar Pradesh – 222161, India

Phone

+91 8081070281

Email

support@stayrising.in

Website

stayrising.in

By creating an account, signing an order form or using the service, you accept these Terms. If you accept them on behalf of an organisation, you confirm that you are authorised to bind that organisation.

2. Eligibility

StayRising is offered only to businesses and healthcare providers, such as hospitals, clinics and diagnostic centres, and their authorised staff. It is not for personal or consumer use. You must be able to enter into a binding contract under Indian law and hold any licences or registrations required to operate your facility.

3. The service

StayRising is software provided as a service (SaaS). It includes:

• a Hospital Management Software (HMS) covering areas such as patient registration and records, appointments, OPD/IPD, queues, billing, pharmacy and reports; and
• an optional WhatsApp messaging module built on Meta's WhatsApp Business Platform, which lets the Customer message its patients from its own WhatsApp Business Account.

We may improve, update or change features over time.

4. Accounts and admin responsibilities

• The Customer appoints one or more administrators who manage users and settings.
• Keep login credentials confidential and give each user only the access their role needs.
• Remove access promptly for staff who leave or no longer need it.
• You are responsible for all activity under your account and for the accuracy of the data you enter.
• Tell us promptly at support@stayrising.in if you suspect unauthorised access.

5. Subscription fees, billing, renewals and taxes

• Subscription fees are as stated in your plan or order form and are billed in advance for each billing period.
• Subscriptions renew automatically at the end of each billing period unless cancelled.
• We may change prices with prior notice. New prices apply from your next billing period.
• Fees are exclusive of GST and other applicable taxes, which the Customer pays.
• If an invoice is unpaid after notice, we may suspend the service until payment is received.

6. Refund and cancellation policy

Subscription fees are non-refundable once billed. Customers may cancel anytime; cancellation takes effect at the end of the current billing period, and you keep access to the service until then.

This does not affect any refund that applicable law requires us to give.

7. WhatsApp charges

WhatsApp message charges are set by Meta and billed by Meta directly to the payment method on the hospital's own WhatsApp Business Account. StayRising charges only software subscription fees and does not bill or collect WhatsApp message charges.

8. Acceptable use

When using StayRising, and especially the WhatsApp module, you must:

• comply with the WhatsApp Business Policy, the WhatsApp Commerce Policy and Meta's other applicable terms;
• obtain each patient's opt-in before messaging them on WhatsApp, and honour opt-out requests;
• not send spam or unsolicited bulk messages;
• follow Meta's message template rules, including using approved templates for business-initiated messages;
• not make unlawful, false or misleading medical claims, or send content prohibited by Meta's policies;
• comply with all laws that apply to you, including data protection laws and rules on healthcare advertising;
• not attempt to access other customers' data, disrupt or overload the service, reverse engineer it, or resell it without our written permission.

9. Customer data ownership

The hospital owns all data it enters into StayRising or receives through it, including patient data and WhatsApp messages ("Customer Data"). We process Customer Data only on your instructions and to provide the service, as described in our Privacy Policy.

As the Data Fiduciary for your patients' data, you are responsible for having a lawful basis to process it and for giving patients any notices the law requires. We may use aggregated, de-identified usage information that does not identify you or any patient to operate and improve the service.

10. Medical disclaimer

StayRising is software only. It does not provide medical advice, diagnosis or treatment. All clinical decisions remain the responsibility of qualified healthcare professionals, and the Customer is responsible for the accuracy of medical information entered into or sent through the service. StayRising must not be relied on for medical emergencies.

11. Service availability and third-party dependency

We make reasonable efforts to keep StayRising available, but we do not guarantee uninterrupted or error-free service. We may carry out maintenance, and will try to give notice of planned downtime.

The WhatsApp module depends on Meta. Meta may limit, suspend or ban phone numbers, message templates or WhatsApp Business Accounts under its own policies, and may change its platform or pricing. We are not responsible for such actions or for messages that are not delivered because of Meta, telecom networks or the recipient's device.

12. Intellectual property

StayRising owns the software, its design, documentation and the StayRising name and logo. During your subscription, you receive a limited, non-exclusive, non-transferable right to use the service for your organisation's internal operations. If you give us suggestions or feedback, we may use them without obligation to you.

13. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the purposes of these Terms. This does not apply to information that is public, already known to the recipient, independently developed, or required to be disclosed by law.

14. Limitation of liability

To the fullest extent permitted by law:

• StayRising is not liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue or goodwill; and
• our total liability for all claims relating to the service is limited to the subscription fees the Customer paid us in the 12 months before the claim arose.

Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnity

The Customer will indemnify StayRising against claims, losses and costs arising from Customer Data or messages sent through the service, from the Customer's breach of these Terms or of Meta's policies (including messaging patients without opt-in), or from the Customer's violation of any law or of patients' rights.

16. Suspension and termination

• We may suspend the service for non-payment after notice, for a breach of these Terms, for a security risk, or where Meta restricts your WhatsApp account.
• We may terminate for a material breach that you do not fix within the time stated in our notice.
• You may cancel at any time, as described in the refund and cancellation policy above.

Data on termination: before your account closes, you can export your data or ask us for an export. After termination, we delete Customer Data within 30 days, except data we must keep by law. See our Data Deletion Instructions.

17. Governing law and jurisdiction

These Terms are governed by the laws of India. The courts at Jaunpur, Uttar Pradesh have exclusive jurisdiction over any dispute arising from them.

18. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a new effective date, and we will notify Customers of material changes by email or in the HMS. Continuing to use the service after changes take effect means you accept them.

19. Contact us

Questions about these Terms can be sent to support@stayrising.in, by phone on +91 8081070281, or by post to StayRising (Sole Proprietorship), 1, Prem Babu, Shitalganj, Mariyahu Road, Mariyahu, Jaunpur, Uttar Pradesh – 222161, India.