These Terms and Conditions ("Terms") govern access to and use of the Kimaya NICU application and related services available at kimayanicu.com (the "Service"), provided by Josh Software Pvt. Ltd. ("Josh Software", "we", "us", "our"). By registering for, accessing, or using the Service, you ("User", "you") agree to be bound by these Terms. If you are agreeing on behalf of a hospital, clinic, or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization as well.
The Service is intended for use by qualified healthcare professionals (including neonatologists, pediatricians, nurses, and other clinical staff) and the institutions they represent, for the purpose of performing TPN and related neonatal clinical calculations. The Service is a calculation and workflow support tool and is not a substitute for professional clinical judgment.
Kimaya NICU is provided as a decision-support and calculation aid only. All calculations, outputs, and information generated by the Service must be independently reviewed and verified by a qualified healthcare professional before being relied upon for patient care. Josh Software does not practice medicine and is not responsible for clinical decisions made using the Service. The Service should never be used as the sole basis for diagnosis, treatment, or care of any patient.
You agree not to:
Where you use the Service to enter or process information relating to patients, you (and your institution) remain solely responsible for: (a) obtaining any necessary consents and legal basis for processing such data; (b) ensuring the accuracy of data entered; and (c) complying with applicable healthcare, medical records, and data protection laws, including the Digital Personal Data Protection Act, 2023 (India), where applicable. Josh Software processes such data solely to provide the Service, as described in our Privacy Policy.
The Service, including its software, design, calculation logic, text, graphics, and trademarks (including "Kimaya NICU"), is owned by or licensed to Josh Software and is protected by applicable intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. No other rights are granted.
Access to certain features of the Service may be subject to fees as described on our Pricing page or in a separate agreement with your institution. Fees, once paid, are non-refundable except as required by law or as otherwise agreed in writing.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR CLINICALLY ACCURATE IN ALL CIRCUMSTANCES. YOU ACKNOWLEDGE THAT ALL CLINICAL OUTPUTS MUST BE INDEPENDENTLY VERIFIED BEFORE USE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOSH SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless Josh Software and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party right, including in connection with patient data you enter into the Service.
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms, poses a security or safety risk, or for any other reason at our discretion. You may stop using the Service and request account closure at any time by contacting us. Provisions that by their nature should survive termination (including Sections 6, 8, 9, 10, and 13) will survive.
We may modify or discontinue the Service, in whole or in part, at any time. We may also update these Terms from time to time; material changes will be reflected by updating the "Effective date" above. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to applicable law, the courts located in Pune, Maharashtra, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
If you have questions about these Terms, please contact us: