TERMS AND CONDITIONS OF USE

Welcome to AYUXA. This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms and Conditions ("Terms") govern your access to and use of the website www.ayuxacare.com and the AYUXA mobile application (collectively, the "Platform"), operated by OLDFUL HEALTH CARE PLATFORMS LLP ("Company", "we", "us", "AYUXA" or "our").

By accessing, registering, or using the Platform, you ("User", "you", "your", or "Client") agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not use the Platform.

1. General Provisions & Eligibility

• 1.1 Eligibility: You must be at least 18 years of age to register, use the Services, or visit the Platform. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you are registering on behalf of an elderly parent or relative, you represent that you have their legal consent to share their health and personal data.
• 1.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect your account.
• 1.3 Accuracy of Information: You agree to provide true, accurate, current, and complete information regarding medical history, allergies, location, and emergency contacts. AYUXA shall not be liable for any adverse events resulting from incorrect or concealed information provided by the User.

3. Scope of Services & Third-Party Integrations

AYUXA acts as a technology platform and health care aggregator. The Platform relies on third-party service providers, and you acknowledge the following operational parameters:

• 3.1 Diagnostic Partner: All blood tests are fulfilled by our authorized diagnostic partners. AYUXA acts solely as a booking facilitator. Responsibility for sample collection, clinical accuracy, testing, and report generation rests entirely with the partner lab.
• 3.2 Pharmacy & Local Stores: Medicine delivery is fulfilled by independent local pharmacies. AYUXA does not manufacture, stock, or dispense medicines. The local stores are solely responsible for quality, expiry dates, and correct dispensing. AYUXA disclaims all liability for adverse reactions to delivered medications.
• 3.3 Tech Infrastructure: Transactional data is processed by Razorpay. SMS/WhatsApp alerts are routed via authorized partners. Mapping is powered by Google. AYUXA is not liable for service downtimes originating from these third-party APIs.

4. Prescription Policy & Compliance

• 4.1 Valid Prescriptions: When ordering medicines under restricted schedules (e.g., Schedule H, H1), you must upload a valid, legible prescription issued by a registered medical practitioner.
• 4.2 Rejection Rights: The fulfilling local store and AYUXA reserve the right to reject an order if the prescription is found to be invalid, expired, tampered with, or flagged for potential abuse.

5. User Conduct & Non-Solicitation (Anti-Poaching)

• 5.1 General Restrictions: You agree NOT to use the Platform for unlawful purposes, upload fake prescriptions, or attempt to compromise the system integrity (ayuxa.net).
• 5.2 Zero Tolerance for Harassment: We maintain a strictly safe work environment. Any verbal abuse, physical harassment, or inappropriate behavior directed at our caregivers, phlebotomists, or support staff will result in immediate termination of your account with NO REFUND, and potential legal action.
• 5.3 Non-Solicitation: During the term of your subscription and for a period of twelve (12) months thereafter, you agree NOT to directly or indirectly solicit, hire, or engage any AYUXA caregiver, employee, or vendor outside of the Platform. Breach of this clause will incur a penalty of INR 1,00,000/- per violation, payable immediately to AYUXA.

6. Payments, Taxes & Refunds

• 6.1 Pricing & Revisions: Prices for services and medicines are displayed on the Platform. We reserve the right to modify these prices without prior notice.
• 6.2 Taxes: Statutory taxes, including Goods and Services Tax (GST) under our registration (GSTIN: 29AAKFO1251B1ZJ), are applicable as per law.
• 6.3 Refunds & Chargebacks: Mid-cycle cancellations of subscription plans will not yield a pro-rated refund unless authorized in writing by AYUXA management. Fraudulent chargebacks initiated through your bank will result in an immediate permanent ban.

7. Limitation of Liability and Indemnification

• 7.1 Cap on Liability: To the maximum extent permitted by law, AYUXA's total aggregate liability to you for any claims arising out of these Terms or your use of the Platform shall not exceed the total amount paid by you to AYUXA in the one (1) month preceding the event giving rise to the claim.
• 7.2 Indirect Damages: In no event shall AYUXA be liable for indirect, incidental, special, punitive, or consequential damages (including emotional distress, loss of life, or property damage) arising from the use of our Platform or third-party vendor errors.
• 7.3 Indemnification: You agree to defend, indemnify, and hold harmless OLDFUL HEALTH CARE PLATFORMS LLP against any claims, liabilities, damages, or legal fees arising from your violation of these Terms or misuse of our services.

8. Force Majeure & Service Interruptions

AYUXA shall not be held liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, severe weather, natural disasters, strikes, civil unrest, government lockdowns, traffic blockades, internet outages, or failures of third-party telecommunications (Force Majeure).

9. Dispute Resolution & Governing Law

• 9.1 Governing Law: These Terms shall be governed by and construed strictly in accordance with the laws of India.
• 9.2 Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through good-faith mediation. If unresolved within 30 days, it shall be settled by binding arbitration in Bengaluru, Karnataka, conducted by a sole arbitrator appointed by AYUXA in accordance with the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.
• 9.3 Jurisdiction: Subject to the arbitration clause above, the courts located in Bengaluru, Karnataka shall have exclusive jurisdiction.

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AYUXA BILLING & OPERATIONAL TERMS

1. General Billing & Out-of-Pocket Expenses

To ensure absolute transparency, clients must understand the distinction between "Ayuxa Service Fees" (which are covered by the subscription) and "Third-Party Actuals" (which are billed directly to the client).

• Transportation & Petrol: The subscription plans cover the time and physical presence of the Ayuxa Caregiver. Any transportation costs incurred during hospital accompaniments, temple escorts, errand runs, or local meet-ups (including cab fares, auto-rickshaws, parking fees, or petrol if using a private vehicle) are strictly payable by the client.
• Medical & Pharmacy Costs: The cost of medicines, doctor consultation fees (outside of the pre-allocated tele-consults), hospital admission charges, and diagnostic tests (beyond the specific free quotas) are the sole responsibility of the client.
• Consumables: Any physical goods required for care (e.g., adult diapers, specialized medical equipment, or first-aid supplies) must be provided by the client or will be billed at actuals.

2. Ayuxa Care Plans (Companion & Escort)

• Plan Utilization: Features such as "visits/mo" or "tele-consults/mo" operate on a use-it-or-lose-it basis aligned with the user's billing cycle. Unused visits do NOT roll over to the next month under any circumstances.
• Overstay/Additional Hours: Caregiver visits are strictly capped by a pre-defined time limit (e.g., 2 to 4 hours per visit). If a hospital visit or errand exceeds this duration due to doctor delays, testing lines, or traffic, additional hours will be billed automatically on a pro-rata basis.
• Scheduling & Cancellations: Caregiver visits must be scheduled at least 24 hours in advance. Client cancellations within 12 hours of the scheduled visit will result in the visit being counted as "utilized" for the month.
• Night/Emergency Visits: In-person caregiver visits are strictly scheduled during standard operating hours (8:00 AM to 8:00 PM). Physical visits outside these hours are subject to staff availability and will incur a premium after-hours dispatch fee.

3. Ayuxa Transit Care (Medical, Spiritual & Leisure)

Transit Care is an on-demand, premium add-on. Because travel involves significant variable costs, the following split-billing rules apply:

• Travel Actuals: The client is responsible for 100% of the actual travel costs for both the elder and the Ayuxa Caregiver. This includes flight/train tickets, baggage fees, local transit, and wheelchair airport levies.
• Caregiver Lodging & Boarding: For out-of-state travel requiring overnight stays, the client must provide or pay for safe, hygienic accommodation and daily meals for the Ayuxa Caregiver.
• Caregiver Per-Diem: A standard daily allowance/fee for the caregiver's out-of-station time will be explicitly quoted and must be paid in advance.
• Fit-to-Fly / Travel Liability: Ayuxa provides companionship and logistical support, not critical life-support transport. The elder must be medically cleared to travel by a registered doctor. Ayuxa holds no liability for health deterioration caused by the physical strain of flights, trains, or crowds.

4. Ayuxa Home Essentials Plan

• Service vs. Labor Fees: The "Zero Service Fee" under the Home Essentials plan waives Ayuxa’s standard coordination and dispatch charges. However, the actual labor charges of the verified vendor (plumber, electrician, deep cleaner) are strictly payable by the client.
• Spare Parts & Materials: The cost of any replacement parts (e.g., pipes, wiring, router cables) or specialized cleaning chemicals required to complete a home maintenance task is payable extra.
• Custom Requests: The "On-Demand Request" is subject to Ayuxa's operational capacity and legal boundaries. Ayuxa reserves the right to decline requests that are unsafe, illegal, or outside standard municipal capabilities.

5. Emergency SOS Protocol

• SOS Protocol Limitation: The 24/7 SOS feature is designed to coordinate rapid response by dispatching third-party ambulances and alerting designated family members. It is not an alternative to direct hospital intervention.
• No Delay Liability: Ayuxa relies on third-party ambulance networks. We are completely exempt from liability arising from traffic delays, ambulance unavailability, failure of the telecom network during the call, or the medical outcomes at the receiving hospital.