Terms & Conditions

Last Updated: September 1, 2026

1. About Fertisense

Fertisense provides technology and software solutions for IVF clinics, fertility centres, hospitals, laboratories and healthcare organisations.

Our software may include functionality relating to:

• Appointment Management
• Patient Management
• Clinical Management
• Andrology
• Embryology
• Cryo Management
• Practice Management
• Medical Billing and Coding
• Laboratory Information Management
• Patient Engagement
• Reporting and analytics

2. Eligibility and Authorised Use

You may use the Services only if:

• You have the legal capacity to enter into a binding agreement.
• You are authorised to act on behalf of your organisation, where applicable.
• The information provided by you is accurate and complete.
• You comply with these Terms and applicable laws.

3. Account Registration and Security

Certain Fertisense Services may require you to create an account.

You are responsible for:

• Providing accurate account information
• Keeping login credentials confidential
• Restricting unauthorised access
• Maintaining appropriate user permissions
• Notifying Fertisense of suspected unauthorised access

4. Software Licence and Access

Subject to these Terms and the applicable commercial agreement, Fertisense grants the customer a limited, non-exclusive, non-transferable and revocable right to access and use the Services for the customer's internal business and healthcare-management purposes.

The Services are licensed, not sold.

Unless expressly permitted by Fertisense in writing, you may not:

• Copy or reproduce the software
• Sell, resell, rent, lease or sublicense the software
• Reverse engineer or attempt to derive source code
• Modify or create derivative works
• Circumvent security mechanisms
• Access the software to develop a competing product
• Remove proprietary notices
• Allow unauthorised persons to access the Services

5. Customer Responsibilities

Customers are responsible for their use of the Services and for information entered into the platform.

Customers must:

• Provide accurate information
• Maintain appropriate user access controls
• Use the Services only for lawful purposes
• Obtain necessary patient notices, permissions and consents
• Ensure users accessing healthcare information are authorised
• Maintain confidentiality of patient and business information
• Follow applicable healthcare and data-protection requirements

6. Patient and Medical Information

Fertisense is a software technology provider and does not itself provide medical diagnosis, treatment or medical advice through the Services.

Any medical, clinical, laboratory, fertility, embryology and patient information displayed or processed through the platform is provided or managed by the relevant healthcare organisation and its authorised users.

Healthcare professionals remain solely responsible for clinical decisions, diagnosis, treatment decisions, patient care and interpretation of medical information.

7. Data Protection and Privacy

Use of the Services may involve the processing of personal information and healthcare-related information.

Such processing is also subject to the Fertisense Privacy Policy and, where applicable, customer agreements or data-processing agreements.

Customers are responsible for ensuring that they have the appropriate legal authority, notices, consents and permissions necessary to collect and process personal information through the Services.

8. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law or regulation
• Access information without authorisation
• Attempt to compromise system security
• Introduce malware, viruses or harmful code
• Interfere with the operation of the Services
• Conduct fraudulent activities
• Harass, abuse, threaten or impersonate others
• Upload unlawful or infringing content
• Attempt to gain unauthorised access to another user's account
• Circumvent usage limitations or security controls

9. Service Availability

We aim to provide reliable and secure Services, but we do not guarantee that the Services will always be available without interruption or completely free from errors.

Temporary interruptions may occur due to scheduled maintenance, emergency maintenance, infrastructure failures, internet or telecommunications problems, third-party service failures, cybersecurity incidents or events beyond our reasonable control.

10. Software Updates and Changes

Fertisense may periodically update, modify, improve or discontinue features of the Services.

Updates may be introduced to improve performance, enhance security, add functionality, correct errors or comply with legal requirements.

11. Fees, Subscription and Payment

Where the Services are provided on a paid subscription or commercial basis, pricing, payment terms, subscription period, implementation fees, renewal terms, taxes and other commercial conditions will be governed by the applicable quotation, order form, invoice, subscription agreement or commercial contract.

Unless otherwise agreed in writing:

• Fees are payable according to the agreed payment schedule.
• Applicable taxes may be charged separately.
• Subscription fees may not be refundable except where expressly agreed or required by law.
• Failure to make payment may result in suspension or termination of access.

12. Demonstrations and Trial Access

If Fertisense provides a demonstration, evaluation account, trial or temporary access, access may be provided for a limited period and certain functionality may be restricted.

Trial data may be deleted after the trial period. Customers should not upload sensitive production healthcare information to a demonstration or trial environment unless expressly authorised by Fertisense.

13. Intellectual Property Rights

All intellectual property rights relating to the Fertisense website, software, platform, designs, branding, logos, documentation, content, features, interfaces, processes and technology are owned by or licensed to Fertisense unless otherwise stated.

Nothing in these Terms transfers ownership of Fertisense intellectual property to you.

14. Customer Data

As between Fertisense and the customer, the customer retains its rights in information and data submitted to the Services, subject to the rights necessary for Fertisense to provide the Services.

The customer grants Fertisense the limited rights necessary to host, store, process, transmit, display, back up and otherwise handle customer data solely for providing, maintaining, securing and improving the contracted Services.

15. Third-Party Services and Integrations

The Services may integrate with or rely upon third-party services, software, APIs, payment providers, communication providers, cloud infrastructure or other technologies.

Fertisense is not responsible for the independent operation, availability, security or privacy practices of third-party services.

16. Website Content and Information

Information provided on the Fertisense website is intended for general informational and business purposes.

Although we make reasonable efforts to keep information accurate, we do not guarantee that all website content is always complete, current or error-free.

17. No Medical Advice

Fertisense is a software and technology provider.

Nothing on the Fertisense website or within the Services should be interpreted as medical advice, a diagnosis, a treatment recommendation, a substitute for professional medical judgment or a guarantee of a medical or fertility outcome.

18. Confidentiality

Each party may receive confidential information belonging to the other party.

The receiving party shall use reasonable measures to protect confidential information and shall not disclose it except to authorised persons, as required to provide the Services, as required by law or with the other party's permission.

19. Suspension and Termination

Fertisense may suspend or terminate access to the Services where reasonably necessary, including if:

• The customer materially breaches these Terms
• Payment obligations remain overdue
• The Services are being used unlawfully
• There is a serious security risk
• The account is being used to harm the platform or another person
• Suspension is required by law

20. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an "as available" and "as is" basis unless expressly stated otherwise in a written agreement.

Fertisense does not warrant that the Services will operate without interruption, be completely error-free, meet every customer's requirements or produce a particular business, clinical, financial or medical result.

21. Limitation of Liability

To the maximum extent permitted by applicable law, Fertisense shall not be liable for indirect, incidental, special, consequential, exemplary or punitive losses arising from or related to use of the Services.

Fertisense shall not be responsible for losses resulting from customer misuse, incorrect information entered by users, compromised customer credentials, third-party services, internet failures, telecommunications failures or events beyond Fertisense's reasonable control.

22. Indemnification

To the extent permitted by applicable law, the customer agrees to indemnify and hold harmless Fertisense, its officers, employees and representatives from claims, losses, liabilities, damages and expenses arising from:

• Unlawful use of the Services
• Violation of these Terms
• Unauthorised access or use
• Customer-provided content or data
• Violation of a third party's rights
• Failure to obtain legally required permissions or consents

23. Force Majeure

Fertisense will not be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, government actions, epidemics, power failures, telecommunications failures, internet outages, cyber incidents, labour disputes or failures of third-party infrastructure.

24. Changes to These Terms

Fertisense may update these Terms from time to time. Updated Terms will be published on the website and may include a revised "Last Updated" date.

25. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India.

Subject to applicable law and any dispute-resolution provisions contained in a separate written agreement, disputes arising from these Terms or the Services shall be subject to the jurisdiction of the competent courts in Gurugram, Haryana, India.

26. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

27. Entire Agreement

These Terms, together with any applicable order form, quotation, subscription agreement, service agreement, data-processing agreement or other written agreement between Fertisense and the customer, constitute the agreement governing the use of the Services.

If there is a conflict between these website Terms and a specific written customer agreement, the specific written customer agreement will prevail to the extent of the conflict.

28. Contact Information

29. Acknowledgement

By accessing or using the Fertisense website or Services, you acknowledge that you have read, understood and agreed to these Terms & Conditions.