Wellkept Terms of Service

Last updated: [DATE_OF_PUBLICATION]

Effective date: [DATE_OF_PUBLICATION]

These Terms of Service ("Terms") are a legal agreement between you and [COMPANY_LEGAL_NAME] ("Wellkept," "we," "us," or "our"), governing your access to and use of the Wellkept mobile application, website, and related services (together, the "Service").

By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. Please also read our Privacy Policy, which is incorporated into these Terms by reference.

1. Eligibility

You must be at least 18 years old to create a Wellkept account in your own name.
If you are under 18, you may not create your own account. A parent or legal guardian may add you as a Family Vault member under their own account, as described in Section 8.
By creating an account, you represent that all information you provide (including your date of birth, phone number, and health information) is accurate and that you have the legal capacity to enter into these Terms.
The Service is intended primarily for use within India. If you access it from another jurisdiction, you are responsible for complying with local laws applicable to your use.

2. Account and Authentication

Wellkept uses phone number + OTP (one-time password) as the primary login method. We do not use passwords.
You are responsible for maintaining control of the phone number associated with your account and for all activity that occurs under your account.
You must notify us promptly at [DPO_CONTACT_EMAIL] if you suspect unauthorized access to your account.
One Wellkept account is intended for one individual account holder (who may additionally manage Family Vault members under Section 8). You may not create an account on behalf of another adult without their knowledge and consent.

3. Description of Service

Wellkept is an AI-assisted personal health-records platform. Depending on your subscription tier, the Service may include:

Upload and AI-powered extraction/summarization of lab reports, prescriptions, and scans
A multilingual AI chat assistant (English, Hindi, Tamil, Telugu, Kannada, Malayalam, Marathi, Gujarati, Bengali, Punjabi, Odia) that answers questions about your uploaded records and general health topics
Biomarker trend tracking, medication reminders and adherence logging, manual vitals logging
A computed Health Vitality Score and AI-generated wellness insights
A drug interaction checker
An AI dermatology (skin condition) analyzer
Family Vault management of health records for family members without their own login
Share links for generating a doctor-facing, read-only summary of your health data

The Service is a health-records management and informational tool. It is not a healthcare provider, and using it does not create a doctor-patient or any other clinical relationship between you and Wellkept.

4. Medical Disclaimer — Please Read Carefully

THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ IT IN FULL.

4.1 Not a substitute for professional medical advice

Wellkept — including its AI chat assistant, Health Vitality Score, AI-generated risk and trend analysis, drug interaction checker, and dermatology analyzer — provides general health information and AI-generated interpretations of the data you provide. None of this output is, or should be understood as:

A medical diagnosis
A prescription or medical treatment recommendation
Medical advice from a licensed physician, dermatologist, pharmacist, or other healthcare professional
An emergency medical service

You must always consult a qualified doctor or other licensed healthcare professional for diagnosis and treatment of any medical condition, before starting, stopping, or changing any medication, and before making any decision based on information provided by the Service. If you are experiencing a medical emergency, call your local emergency services immediately (in India, dial 112 or 108) — do not use the Service.

4.2 AI limitations and risk-language accuracy

Our AI features (document extraction, chat, Health Vitality Score, drug interaction checker, dermatology analyzer) are built on large language models and statistical/vector-similarity techniques. They can be incomplete, outdated, or wrong. Specifically:

The Health Vitality Score and any "low/medium/high risk" labels shown anywhere in the Service (including in dermatology results) are relative, wellness-oriented indicators computed from the data you've entered — not a clinical risk stratification performed or validated by a licensed clinician.
Any ICD code or "common in India" label shown alongside a possible condition in the dermatology analyzer is provided for informational/reference context only and does not constitute, and must not be read as, a clinical diagnosis or coding determination.
The drug interaction checker reflects a curated set of known dangerous combinations and public data (including OpenFDA) — it is not exhaustive and does not replace a pharmacist's or doctor's review of your full medication list.

4.3 Where this disclaimer applies

This disclaimer is not limited to the fine print — it governs every output-bearing surface of the Service, including but not limited to: AI chat responses, document summaries, the Health Vitality Score widget, biomarker trend/status flags, drug interaction warnings, and every dermatology analysis screen (initial result, evidence cards, and follow-up refinement answers). Each such surface displays, or is designed to display, a visible reminder that AI output is not a substitute for professional medical advice; you agree not to rely on the absence of such a reminder on any individual screen as a basis for treating that output differently from any other AI output covered by this Section.

4.4 Dermatology AI — specific disclaimer

The dermatology feature is a triage and informational tool, not a dermatologist. It works by:

Having an AI model generate a clinical-style text description of a photo you upload
Comparing that description (and your optional symptom notes) against a reference dataset of publicly posted images and text collected from Reddit dermatology-related communities
Having an AI model generate a differential list of possible conditions, with an approximate probability, informational recommendation, and risk label

This process is not equivalent to an in-person or teledermatology examination by a licensed dermatologist, and the reference dataset is sourced from public social-media posts, not a peer-reviewed or clinically validated image bank. Do not delay seeking care from a licensed dermatologist based on a dermatology analyzer result, particularly for any high-risk flag, a changing mole, a non-healing lesion, or any lesion accompanied by fever, spreading redness, or other systemic symptoms.

4.5 No liability for reliance on AI output

To the maximum extent permitted by applicable law, Wellkept and its officers, employees, and affiliates are not liable for any harm, loss, or damage arising from your reliance on any AI-generated output within the Service — including but not limited to the AI chat assistant, Health Vitality Score, biomarker trend flags, drug interaction checker, or dermatology analyzer — in place of consulting a qualified healthcare professional.

5. Subscription Tiers and Billing

5.1 Current tiers

Tier	Price	Limits
Free	₹0	Up to 25 documents; 20 AI chat messages/day
Pro	₹199/month	Unlimited documents and AI chats
Family	₹349/month	All Pro features across up to 6 members

5.2 Billing — planned Razorpay integration

Payment processing via Razorpay (supporting UPI, card, and net banking) is planned but not yet live as of these Terms' effective date. Until billing is enabled, all accounts operate on the Free tier's functional limits regardless of any tier displayed in the app. Once Razorpay billing is enabled:

Pro and Family subscriptions will auto-renew monthly unless cancelled by you before the renewal date, through the in-app subscription management screen.
All fees will be charged in Indian Rupees (INR) and are exclusive of applicable taxes unless stated otherwise at checkout.
Refund and cancellation terms will be published and linked from the in-app checkout flow before the first live charge, and will supplement (not silently override) this Section.
Payment instrument details (card/UPI/bank) will be collected and processed directly by Razorpay under its own terms; Wellkept does not store your full payment credentials.

We will provide advance in-app notice before enabling live billing on any account.

6. Acceptable Use

You agree not to:

Use the Service to upload, submit, or generate content that is unlawful, defamatory, or infringes another person's rights (including a Family Vault member's or any third party's privacy or medical confidentiality)
Attempt to reverse-engineer, scrape, or extract the Service's underlying models, reference datasets (including the dermatology reference dataset), or source code
Use automated means to create multiple accounts, circumvent plan limits, or abuse rate limits
Upload another person's health records without appropriate authority to do so (see Section 8 for Family Vault specifically)
Use the Service for any purpose that could endanger the health or safety of yourself or others, including relying on it as a substitute for emergency medical care
Misrepresent your identity, age, or relationship to any Family Vault member you add

We reserve the right to suspend or terminate accounts that violate this Section.

7. User Content and Intellectual Property

7.1 Your content

"User Content" means the documents, images, chat messages, symptom notes, and any other material you upload or enter into the Service, including on behalf of Family Vault members.

You retain ownership of your User Content.
You grant Wellkept a limited, non-exclusive, worldwide license to host, process, transmit, and display your User Content solely for the purpose of operating and improving the Service for you — including sending it to the AI processors described in our Privacy Policy to generate the specific output you requested. This license ends when you delete the relevant content or your account, except for backup copies retained per Section 11 of the Privacy Policy.
We do not use your individual User Content to train third-party foundation models, except to the extent our AI processors' own terms permit limited, provider-side quality/abuse-prevention processing that is outside our control — see our Privacy Policy Section 7.1 for specifics on our Gemini relationship.

7.2 Wellkept's intellectual property

The Service itself — including its software, design, the dermatology reference dataset construction and search pipeline, the Health Vitality Score methodology, and all associated trademarks and branding — is the property of [COMPANY_LEGAL_NAME] and is protected by applicable intellectual property laws. These Terms do not grant you any right to use Wellkept's branding, trademarks, or proprietary methodology outside of your ordinary use of the Service.

7.3 Reddit-sourced reference content

Evidence cards shown in the dermatology feature reference publicly posted Reddit content, used and displayed consistent with Reddit's API Terms and the public nature of the original posts, with a link back to the original post. Wellkept does not claim ownership of that third-party content and displays it for informational/comparative purposes only.

8. Family Vault

Family Vault lets you add family members (spouse, child, parent, or other relation) and manage their health records under your account, without requiring them to have their own login.
You, the account holder, are solely responsible for: (a) having appropriate authority — as a parent, legal guardian, or with the family member's own informed consent, as applicable — to enter their health information into the Service; (b) the accuracy of any data you enter on their behalf; and (c) managing what is shared via share links scoped to that family member (Section 9).
Wellkept does not independently verify your relationship to, or authority over, any Family Vault member you add. You agree to indemnify Wellkept against any claim arising from your misuse of this feature, including entering another adult's health data without their consent.
If a Family Vault member reaches adulthood and wishes to establish their own independent Wellkept account, they may do so; historical data entered by the account holder will remain under the account holder's account unless a data-transfer process is separately requested from [DPO_CONTACT_EMAIL].

9. Share Links

You may generate a token-based public link that displays a read-only summary of your (or a Family Vault member's) health data, typically to share with a treating doctor.
You control the scope (which data categories are included) and the expiry of each link, and you can revoke a link at any time.
Because the link requires no login to view, anyone who obtains the link URL can view the summary until it expires or is revoked. Wellkept has no way to control, and is not responsible for, who you choose to send a share link to, or what a recipient does with it after viewing.
To the maximum extent permitted by law, Wellkept is not liable for any unauthorized disclosure of health data that results from your decision to share, or your failure to adequately secure, a share-link URL.

10. Third-Party Services

The Service integrates with third-party providers, including Google (Gemini AI, Firebase push notifications, YouTube search), Tavily (web search), Reddit (public search and the dermatology reference dataset), OpenFDA, and, once live, Razorpay (payments). Your use of features that rely on these providers is also subject to the relevant data flows described in our Privacy Policy. We are not responsible for outages, errors, or changes in these third-party services that affect the Service's availability or output quality.

11. Disclaimers of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated output will be accurate, complete, or suitable for any particular purpose — this is in addition to, and does not limit, the medical disclaimers in Section 4.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

Wellkept's total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) ₹5,000.
Wellkept shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or personal injury, arising from your use of or inability to use the Service, even if advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be limited under applicable Indian law, including liability for death or personal injury caused by proven gross negligence or willful misconduct on our part.

13. Indemnification

You agree to indemnify and hold harmless [COMPANY_LEGAL_NAME], its officers, employees, and affiliates from any claim, liability, damage, or expense (including reasonable legal fees) arising from: your violation of these Terms; your misuse of the Family Vault feature; your distribution of a share link; or your User Content violating the rights of any third party.

14. Termination

You may terminate your account at any time via the in-app account deletion feature, which permanently and immediately deletes your account and cascades to delete associated data as described in our Privacy Policy.
We may suspend or terminate your access to the Service if you violate these Terms, engage in fraudulent or abusive behavior, or if required to do so by law.
Sections 4 (Medical Disclaimer), 7.2 (our IP), 9 (Share Links liability), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law) survive termination of your account.

15. Grievance Officer (Information Technology Act, 2000 / IT Rules, 2021)

In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we have appointed a Grievance Officer to address complaints about content on the Service (including user-generated content such as chat messages) and compliance-related concerns:

Grievance Officer: [GRIEVANCE_OFFICER_NAME_AND_CONTACT]

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to its conflict-of-laws principles.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between you and Wellkept, initiated by written notice to [DPO_CONTACT_EMAIL].
If not resolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts at [REGISTERED_ADDRESS_CITY], India. [COMPANY_LEGAL_NAME] may, at its discretion, instead elect arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator seated in [REGISTERED_ADDRESS_CITY] — this election should be confirmed with counsel and reflected here before launch if arbitration (rather than court jurisdiction) is the intended primary path.

17. Changes to These Terms

We may update these Terms from time to time, particularly as new features (such as live billing) ship. We will provide notice of material changes in-app and update the "Last updated" date above. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. Where a change materially affects data processing, the corresponding consent requirements in our Privacy Policy also apply.

18. Contact Us

General/legal contact: [DPO_CONTACT_EMAIL]
Grievance Officer: [GRIEVANCE_OFFICER_NAME_AND_CONTACT]
Registered address: [REGISTERED_ADDRESS]

These Terms are a first-pass, product-accurate draft prepared to reflect what the Wellkept application actually does as of the date above, with particular care given to the medical-disclaimer, Family Vault, and share-link liability clauses given the health-data context. They are not a substitute for review by a qualified lawyer before public launch, particularly regarding: (a) the limitation-of-liability cap in Section 12, which should be sized to actual insurance/risk tolerance, (b) the arbitration-vs-court-jurisdiction election in Section 16, and (c) finalizing Razorpay-specific billing/refund terms once that integration ships.