These Mobile App Terms and Conditions (“Terms”) govern your access to and use of the Oasis Fertility mobile application (the “App”), owned and operated by Sadguru Healthcare Pvt. Ltd. / Oasis Fertility (“Clinic”, “we”, “our”, or “us”). The App enables you, as a patient or authorized user, to track your treatment journey, manage appointments, access certain medical records and reports, avail tele-consultation services (where offered), receive reminders, and use other related features and services, including integration with our hospital management system, ARTis (“ARTis HMS”).

By downloading, installing, registering on, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Oasis Fertility Mobile App Privacy Policy (collectively, the “App Agreement”). If you do not agree to these Terms or the Privacy Policy, you must not use or access the App.

These Terms are in addition to, and shall be read together with: (a) any consent forms, treatment contracts, and notices executed with the Clinic (including those related to assisted reproductive technology (ART) under the Assisted Reproductive Technology (Regulation) Act, 2021 and Rules, 2022); and (b) our Data Retention & Deletion Policy, which sets out retention periods and deletion practices for personal data processed through our systems, including via the App.

To the extent there is any inconsistency between: (a) these Terms and any general website terms of use, these Terms shall prevail in relation to use of the App; and (b) these Terms and specific clinical consents or statutory obligations (for example, ART Act/Rules, Telemedicine Guidelines, DPDP Act, SPDI Rules), the latter shall prevail to the extent of the inconsistency.

The App is primarily intended for use by adults (patients and, as applicable, their spouses/partners) undergoing or intending to undergo fertility-related evaluation or treatment at the Clinic. While the website terms refer to a minimum age of 13 years, the App is designed for adult patients and their authorized representatives, given the nature of fertility treatment and related procedures.

By using the App, you represent and warrant that:

• You are competent to contract under the Indian Contract Act, 1872, and are not disqualified from contracting under any applicable law; and
• Where you use the App on behalf of a patient (for example, as spouse, legal guardian, or other authorized representative), you are duly authorized under applicable law and Clinic documentation to act on that person’s behalf in relation to App usage and data access.

If the App is used in respect of a child or minor, it shall be only through a parent or lawful guardian, and any personal data of such child will be processed in accordance with applicable child data requirements under the DPDP Act and other healthcare laws.

To use certain features of the App, you may be required to create an account and provide accurate, complete, and up-to-date information, including your name, contact details, and other registration information. Account credentials may include a login ID, password (stored in hashed form), and/or authentication tokens.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree:

• Not to share your username or password with any unauthorized person;
• To notify us immediately of any suspected unauthorized use of your account or any other breach of security; and
• To ensure that you always log out of the App after using it on shared or public devices.

The Clinic uses password protection and other technical measures to prevent unauthorized access to accounts and information; however, you understand that no system is entirely secure and that the Clinic cannot guarantee absolute security of electronic transmissions or mobile networks.

The App is a digital enablement tool and does not replace in-person medical consultation or emergency services. Unless expressly specified as a telemedicine consultation within the App:

• Information, educational content, reminders, and summaries provided via the App are for informational purposes only; and
• You must not rely solely on such information for making medical decisions; you must consult our treating doctors or other qualified healthcare professionals for diagnosis, treatment, and clinical judgment.

In the event of any discrepancy between information displayed on the App and your official medical records maintained at the Clinic/ARTis HMS, the latter shall prevail.

The App is not designed for medical emergencies. In case of any emergency, you should contact emergency services or visit the nearest emergency facility, rather than relying on the App.

Information relating to assisted reproductive technology (ART), including but not limited to embryology updates, laboratory findings, follicle development data, embryo grading, blastocyst status, or ART cycle milestones displayed on the App, is provided solely as a summary or reference view for your convenience. Such information does not constitute a clinical opinion, diagnosis, prognosis, assurance of success, or guarantee of treatment outcome. The interpretation, clinical relevance, and decision-making based on such information must be undertaken exclusively by the treating doctor and/or qualified embryologist in consultation with you. We expressly disclaim any liability arising from reliance placed by you or any authorized user on such information without appropriate clinical consultation.

Where the App enables tele-consultations, such consultations shall be provided in accordance with the Telemedicine Practice Guidelines, 2020, including requirements relating to doctor identification, patient consent, documentation, and prescribing norms.

Before or at the initiation of a tele-consultation, the App may:

• Display or otherwise provide the name and registration details of the consulting doctor;
• Specify the mode of telemedicine (audio, video, text/chat); and
• Request your explicit consent to proceed with tele-consultation (for example, via an in-App prompt or consent checkbox). Your continuation with the tele-consultation and/or affirmative action on such prompt constitutes your consent to receive care through telemedicine, which will be recorded in your medical records.

Telemedicine records (such as consultation notes, prescriptions, and, where maintained, chat transcripts or audio/video recordings) form part of your medical record and may be retained as required by the Telemedicine Guidelines, clinical standards, and our Data Retention & Deletion Policy.

You acknowledge that tele-consultations have inherent limitations compared to in-person consultations, including limited ability to perform physical examinations, and agree that the suitability of tele-consultation will be jointly assessed by you and the doctor.

The App integrates with ARTis HMS and other clinical systems to synchronize and display your clinical and administrative data, including:

• Appointments and visit history;
• Diagnostic and laboratory reports;
• Treatment plans and ART case records;
• Prescriptions and medication information; and
• Billing and payment information.

ARTis and other service providers act as processors/service providers on our instructions under written contracts that require confidentiality, security, processing only for authorized purposes, and compliance with applicable laws (including ART Act/Rules, DPDP Act, SPDI Rules).

The App may allow you to book, reschedule, or cancel appointments with the Clinic. Appointment confirmations, reminders, and updates may be sent via in-App notifications, SMS, phone calls, WhatsApp, email, or other electronic means, using the contact details you provide.

By providing your contact details and continuing to use the App, you expressly consent to receiving:

• Service-related communications (for example, appointment confirmations, clinical follow-ups, reminders, alerts); and
• Communications relating to our services, including updates and certain promotional information, subject to your right to opt out of non-essential/promotional communications as per the Mobile App Privacy Policy; such communications may be sent even if your number is registered on Do Not Disturb (DND) / National Customer Preference Register (NCPR), where permitted by applicable telecom and data-protection regulations.

Appointment and communication logs may be retained for operational, clinical documentation, and legal purposes, typically for at least three (3) years from the last interaction or for such longer period as may be required by law or internal policy.

Where the App provides payment functionality, payments for consultations, procedures, or other services may be processed via third-party payment gateways and financial institutions. Limited financial information (such as card type, masked card number, transaction IDs) may be collected and processed for payment processing, reconciliation, refunds, dispute resolution, and compliance with financial, tax, and anti-fraud requirements.

We do not store full payment instrument details (such as full card numbers or CVV) on the App; such details may be processed and stored by authorized payment gateways in compliance with applicable standards and laws.

Any refunds for services purchased through the App will be governed by the Clinic’s prevailing refund and cancellation policy (which may be set out separately on the Clinic’s website or in clinic-specific documentation). To the extent the website terms include a specific refund policy, such policy shall be deemed incorporated by reference and may be adapted for App payments, subject to clinical and regulatory constraints.

You agree to use the App only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the App by, any other person.

Without limiting the generality of the above, you must not:

• Use the App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App;
• Use the App in any way that is unlawful, fraudulent, harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity;
• Upload, transmit, or otherwise make available any content that is defamatory, obscene, discriminatory, or otherwise objectionable;
• Attempt to gain unauthorized access to the App, servers, or connected systems, or circumvent or compromise security or authentication measures;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any part thereof; or
• Use the App to advertise or promote third-party products or services without our prior written consent.

Unless otherwise stated, the Clinic or its licensors own all copyrights and other intellectual property rights in the App, its underlying software, text, graphics, logos, icons, images, user interface, and system outputs. All such rights are reserved.

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your compatible mobile device solely for your personal, non-commercial use in connection with your interactions with the Clinic, subject to these Terms.

You must not, except with our prior written consent:

• Republish material from the App;
• Sell, rent, or sub-license material from the App;
• Show any material from the App in public, except as part of lawful clinical or personal use;
• Reproduce, duplicate, copy, or otherwise exploit material on the App for any commercial purpose; or
• Redistribute material from the App.

Your use of the App involves the collection and processing of personal data (including sensitive personal data), as described in detail in the Oasis Fertility – Mobile App Privacy Policy. This includes, without limitation, health and treatment data, telemedicine records, financial data, technical and usage information, and communication logs.

By using the App, you acknowledge that you have read the Mobile App Privacy Policy and consent to the collection, storage, processing, disclosure, and cross-border transfer of your personal data in accordance with that Policy, the DPDP Act, the Information Technology Act, 2000 and SPDI Rules, the ART Act/Rules, the Telemedicine Guidelines, and other applicable laws.

Where the App permits access to your account, treatment data, reports, or related information by your spouse or partner (as declared by you), such access shall be deemed to have been expressly authorized by you. You acknowledge and agree that your spouse/partner may have visibility into treatment-related data, communications, and records available on the App.

We shall not be responsible or liable for any dispute, claim, or consequence arising between you and your spouse/partner in relation to access, viewing, interpretation, or use of such information, including any matrimonial, relational, or legal disputes. You remain solely responsible for managing and revoking such access in accordance with the App’s available controls, where applicable.

The App may contain links to third-party websites or may enable access to third-party services, including ARTis HMS portals, payment gateways, cloud providers, analytics services, and communication tools. These third-party websites or services are not under our control, and we are not responsible for their content, privacy practices, or terms of use.

Your use of third-party services (including any data you provide to them) will be governed by such third parties’ own terms and privacy policies. We encourage you to review the terms and privacy policies of each third party before using their services or providing personal data.

The App may use mobile software development kits (SDKs) and similar technologies for analytics, crash reporting, and push notifications. These function similarly to cookies on websites and may collect device and usage data as explained in the Mobile App Privacy Policy.

We implement reasonable security practices and procedures, including administrative, technical, and physical safeguards, in line with the DPDP Act, SPDI Rules (including standards notified under section 43A of the Information Technology Act, 2000), and healthcare best practices. These measures include, among others, access controls, password protection, encryption (where appropriate), secure development practices, and periodic security reviews.

While we strive to protect your information, you understand that the transmission of information over the internet and mobile networks is inherently insecure, and we cannot guarantee absolute security. We are not responsible for any unintended or unauthorized loss, disclosure, or access that is not directly attributable to our negligence or willful misconduct.

To the maximum extent permitted under applicable law, the Clinic, its directors, officers, employees, consultants, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or data, arising out of or in connection with:

• Your use of or inability to use the App;
• Any unauthorized access to or alteration of your transmissions or data not attributable to our negligence;
• Your reliance on any information obtained via the App that is not confirmed through appropriate clinical consultation; or
• Interruptions or errors in App availability due to factors beyond our reasonable control.

Nothing in these Terms limits or excludes any liability that cannot be excluded under applicable law, including liability for clinical negligence directly attributable to the Clinic’s personnel.

You agree to indemnify and hold harmless the Clinic from and against any claims, actions, demands, damages, losses, and expenses arising out of your breach of these Terms, misuse of the App, or violation of any applicable law or third-party rights.

We shall not be responsible or liable for any delay, disruption, inaccuracy, non-availability, or failure of access to the App or its features arising due to events beyond its reasonable control, including but not limited to internet or mobile network outages, cloud service disruptions, server failures, system crashes, cyber incidents, power failures, acts of government, natural disasters, epidemics, or other force majeure events. Temporary non-availability of the App or any data synchronization delays resulting from such events shall not be construed as a breach of these Terms, provided that we take reasonable steps to restore functionality.

The App is provided on an “as is” and “as available” basis. While we endeavor to ensure that the App functions reliably and is accessible at all times, we do not warrant or guarantee that:

• The App will be available uninterrupted, timely, secure, or error-free;
• Any defects, bugs, or errors will be corrected immediately; or
• Access to the App or its features will be free from delays, disruptions, or technical limitations.

Availability of the App and its features may be affected by factors beyond our reasonable control, including scheduled maintenance, system upgrades, internet or mobile network issues, device compatibility, third-party service interruptions, or unforeseen technical failures.

We reserve the right to modify, suspend, or temporarily discontinue the App or any part of its functionality, with or without notice, for operational, technical, security, or legal reasons. Such suspension or unavailability shall not affect the validity of your clinical relationship with the Clinic or your access to in-person medical services.

To the maximum extent permitted under applicable law, the Clinic disclaims all warranties, whether express or implied, in relation to the App, including implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement.

We may, at our discretion, suspend or terminate your access to the App (in whole or in part) with notice where required by law, including where:

• You breach these Terms or any applicable law;
• Your account has been inactive for a prolonged period;
• We reasonably believe that your use of the App poses a security risk or is fraudulent; or
• Operational, technical, or legal reasons make continued provision of the App impracticable.

Upon termination, your right to use the App shall cease. However, your clinical records and other personal data may continue to be retained in accordance with statutory and regulatory requirements (including the ART Act/Rules, which require ART records to be retained for at least 10 years) and our Data Retention & Deletion Policy.

The Clinic may transfer, assign, or otherwise deal with its rights and obligations under these Terms and the App Agreement without your prior consent, including in connection with any merger, acquisition, business transfer, or restructuring, provided that such transfer is compliant with applicable law.

You may not transfer, assign, or otherwise deal with your rights or obligations under these Terms without our prior written consent.

These Terms, together with the Mobile App Privacy Policy and any specific clinical consents executed with you, constitute the entire agreement between you and the Clinic in relation to your use of the App and supersede all prior understandings or agreements relating to the App.

These Terms shall be governed by and construed in accordance with the laws of India and the courts at Hyderabad, Telangana, shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms or your use of the App.

For any questions, grievances, or requests relating to the App, these Terms, or the processing of your personal data (including exercise of data protection rights), you may contact our Grievance Officer at the contact details notified in the Mobile App Privacy Policy and/or on our website.

We may update these Terms periodically to reflect changes in our services, technology, or legal requirements. Material changes will be notified via the App (for example, by way of an in-App notification), and the “Last Updated” or “Effective Date” will be revised accordingly. Your continued use of the App after such changes become effective constitutes your acceptance of the revised Terms.