Terms of Service
This page is a working draft of our Terms of Service, currently pending legal sign-off. It does not yet reflect a fully reviewed or finalized policy. Please check back before relying on this page, or contact us directly with questions.
This website and the Qavach® Parent App are created and operated by M/s Swastify Foundation (“Company”, “We”, “Our”, “Us”), registered at J-002, NCC Urban Nagarjuna Residency, Telecom Nagar, Gachibowli, Hyderabad – 500032, through www.swastify.org and the Qavach Parent App (together, “Platform”). Swastify Foundation is a not-for-profit registered under Section 8 of the Companies Act, 2013, providing health screening services through Qavach®, focused on children aged 2 to 5 years.
Definitions: “We/Our/Us” — the Company or Platform. “You/User” — natural or legal persons using the Platform, including parents/guardians. “Third Parties” — any app, platform, or individual other than Users and the Company.
General terms
Headings are organizational only. Use of the Platform is governed by these Terms and our Privacy Policy, as amended from time to time. Using the Platform constitutes acceptance. Material changes affecting children’s data handling will be communicated directly to registered parents/guardians by email.
Medical disclaimer
Qavach is a preventive health screening and risk-identification program. It is not a diagnostic service, not a substitute for a pediatrician, and not designed for emergency use.
- Findings should be discussed with your child’s regular pediatrician or a qualified specialist before any clinical decisions are made.
- If your child is experiencing a medical emergency, do not use this Platform; contact your physician or emergency services immediately.
- We do not warrant that screening will detect every condition or risk; absence of a flagged risk is not a guarantee of health.
Platform overview
Qavach® is a health screening program for children aged 2 to 5. We do not warrant specific outcomes. To deliver Services, we may collect biospecimens, digital samples, and diagnostic measurements, along with PHI from medical history. By registering, a parent or guardian provides informed consent on the child’s behalf.
Registration
Child details: name, date of birth, past medical history, and [optional] government ID Parent/guardian details: name, relationship, date of birth, email, postal address, past medical history, and [optional] government ID Second parent/guardian (optional): same fields
Identity verification
Any valid government-issued ID is accepted (Aadhaar, birth certificate, passport, school ID). Aadhaar is never mandatory; where voluntarily provided, it is processed in accordance with the Aadhaar Act, 2016. [CONFIRM with counsel before publishing.]
Eligibility
You must be of legal age and competent to register on behalf of a child, and agree to comply with applicable laws.
Payment gateway
Payments are processed via [INSERT: gateway name], governed by their own terms; applicable fees may apply.
Donations
Donations support subsidized/free screenings and other Foundation activities. Donations are non-refundable except where required by law or in case of a verified processing error (request within [INSERT TIMEFRAME] to [INSERT CONTACT EMAIL]). 80G tax-benefit eligibility: [CONFIRM registration status before publishing this clause].
Personal Health Record (PHR)
- Maintained for 12 months at no extra cost after services are provided, via password-protected, per-child credentials.
- Renewal extends retention by 12 months; otherwise, account is suspended and PHR erased after reminder notices from month 10 (up to 6 total).
- Offline copies downloadable at any time during the 12 months; you are responsible for their safety and distribution.
- Deletion may be requested at any time within the 12 months; once deleted, records cannot be recreated.
Mobile application terms
- Push notifications relate to screening reminders, appointments, and educational content; disable via device settings.
- App permissions are requested only as needed and explained at the time of request.
- Use of the App is additionally subject to the relevant app store’s terms.
- Continued use after an App update constitutes acceptance of any revised bundled terms.
Research use of data
Anonymized data may be used for research, public health surveillance, or development of new digital health tools, only with separate, affirmative consent distinct from consent to receive Services. Declining this does not affect access to core Qavach services.
Content
Platform content is either ours or third-party provided; we make no guarantees about third-party content accuracy. Content is copyrighted; no reuse without written consent. We may suspend accounts submitting false or offensive content.
Indemnity
You agree to indemnify the Company and its officers/employees from claims arising from your breach of these Terms or misuse of the Platform. [CONFIRM with counsel: limitation-of-liability language should be reviewed against health-service liability standards specifically.]
Termination
We may terminate or restrict access at any time, without notice, to protect Platform integrity or other Users. Obligations expressed to survive termination remain in effect.
Communication
By registering, you consent to receive emails/SMS/push notifications related to your account and Services. Report discrepancies to [INSERT CONTACT EMAIL].
User obligations
You agree to provide accurate information, maintain account confidentiality, not copy/scrape/redistribute Platform content, not impersonate any party, not attempt to breach security, and comply with applicable laws. We may use submitted data for service personalization and optimization, excluding behavioural advertising targeted at children.
Suspension of access
We may suspend or terminate access without notice for breach of these Terms, false information, or risk of harm to other Users or the Company.
Intellectual property
Trademarks, logos, and Platform-created content belong to us or the respective rights holder. User-generated content’s IP remains with its original owner.
Force majeure
We are not liable for delays caused by events beyond our control, including natural disasters, internet outages, technical failures, or cyberattacks.
Dispute resolution and jurisdiction
Disputes are first addressed through mediation administered by the Centre for Online Resolution of Disputes (CORD), then arbitration administered by CORD with a sole arbitrator, seated in Hyderabad, India, in English. Governed by Indian law.
Miscellaneous
- Entire agreement: These Terms and the Privacy Policy form the complete agreement.
- Waiver: Failure to enforce a provision doesn’t waive future enforcement.
- Severability: Invalid provisions don’t affect the rest of the agreement.
- Contact us: [INSERT CONTACT EMAIL] or write to:
M/S Swastify Foundation, J-002, NCC Urban Nagarjuna Residency, Telecom Nagar, Gachibowli, Hyderabad – 500032, India
