Tech Potentia Terms of Service

1. Acceptance of Terms & Electronic Contracting

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Client", or "you") and Tech Potentia ("Tech Potentia", "we", "us", or "our"), governing your access to and use of techpotentia.com, associated subdomains, web applications, APIs, bespoke software engineering services, and our proprietary clinical suite, HomeoNote™.

Statutory Recognition of Electronic Contracts: Under Section 10A of the Information Technology Act, 2000 (India), contracts formed through electronic communications, digital click-through assent, or platform usage are fully valid, binding, and enforceable. By accessing our platforms or clicking "Accept", you expressly consent to contract electronically with Tech Potentia.

2. Definitions

• "Services": All platforms, hosted web applications, software code, HomeoNote™ clinical companion, and engineering consulting provided by Tech Potentia.
• "HomeoNote™": The proprietary educational study companion and clinical decision-support scribing software suite developed by Tech Potentia.
• "Client": Any enterprise, institution, clinic, or individual contracting Tech Potentia for professional development, architectural design, or software builds.
• "User Content": Any data, text, notes, voice recordings, rubrics, or files uploaded or generated by you within the Services.

3. Eligibility & Capacity

You represent and warrant that you are at least 18 years of age and possess full legal capacity to enter into binding agreements. If you access the Services on behalf of a healthcare institution, clinic, or corporation, you represent that you possess legal authority to bind that entity to these Terms.

4. Accounts, Security & User Responsibilities

You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You must immediately notify us at [email protected] upon discovering any unauthorized access or security breach. Account credentials may not be shared, leased, or pooled unless explicitly authorized under an enterprise or institutional license agreement.

5. Acceptable Use & Platform Boundaries

You agree not to:

• Probe, scan, reverse engineer, decompile, or test the vulnerability of our systems without explicit authorization;
• Circumvent API rate limits, deploy automated scrapers, or launch denial-of-service vectors;
• Upload malicious software, deceptive code, or infringing intellectual property;
• Transmit clinical patient data without verifiable legal consent from the patient;
• Use the platform or its APIs to develop a directly competing software product.

Detailed conduct rules are set out in our User & Acceptable Use Policy.

6. Subscriptions, Payments & Invoicing

7. Intellectual Property Rights & Software License

Tech Potentia retains exclusive ownership, title, and all intellectual property rights in and to the Services, proprietary algorithms, repertory indexing models, UI/UX designs, trademarks (including HomeoNote™), and brand assets. Subject to your compliance with these Terms, Tech Potentia grants you a limited, non-exclusive, non-transferable, revocable license to access and use the software for its intended purpose.

8. User Content & Voluntary Feedback

You retain ownership of your User Content. You grant Tech Potentia a worldwide, royalty-free license to host, store, and process your User Content solely to the extent necessary to deliver the Services to you. Any suggestions, feature requests, or voluntary feedback submitted regarding our tools may be incorporated into Tech Potentia products without compensation or obligation to you.

10. Beta & Early Preview Cohorts

Features designated as "BETA", "Preview", or "Early Access" (including current HomeoNote™ Pioneer Cohorts) are experimental, provided "AS-IS", and may contain bugs, incomplete rubrics, or experience downtime. Access may be revoked or modified at any time without liability. Detailed beta terms are located at HomeoNote Beta Terms.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR UNINTERRUPTED ERROR-FREE OPERATION.

12. Limitation of Liability

IN NO EVENT SHALL TECH POTENTIA, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA LOSS, MEDICAL COMPLICATIONS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TECH POTENTIA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR INR 10,000, WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless Tech Potentia from and against any third-party claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, misuse of the platform, violation of applicable patient consent laws, or infringement of third-party intellectual property.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of the Republic of India, without regard to conflict of laws principles. Subject to prior good-faith mutual negotiations (30-day resolution window), the competent courts situated in Mumbai, Maharashtra, India shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms.

15. General Contractual Provisions