Terms and Conditions

Last updated: April 13, 2026

1. Nature and Applicability of Terms

Please carefully go through these terms & conditions and the privacy policy before you decide to access the application or avail the services made available on the application by OPLive. These terms & conditions and the privacy policy together constitute a legal agreement ("Agreement") between you and OPLive in connection with your usage of the application and its services.

The Agreement applies to you whether you are:

• A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the application, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
• A patient, his/her representatives or affiliates, searching for Practitioners through the application ("End-User", "you" or "User"); or
• Otherwise a user of the application ("you" or "User").

This Agreement applies to those services made available by OPLive on the application ("Services"), including but not limited to the following:

• For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the application;
• For other Users: Facility to (i) create and maintain 'Health Accounts', (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by OPLive, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of OPLive, and the Agreement will apply to your visit to and your use of the application to avail the Service, as well as to all information provided by you on the application at any given point in time.

By downloading or accessing the application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the application to avail the Services.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. If you do not agree with any part of the Agreement, please do not use the application or avail any Services.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• The Indian Contract Act, 1872;
• The (Indian) Information Technology Act, 2000; and
• The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 (the "IG Rules").

2. Conditions of Use

You must be 18 years of age or older to register, use the Services, or visit or use the application in any manner. By registering, visiting and using the application or accepting this Agreement, you represent and warrant to OPLive that you are 18 years of age or older, and that you have the right, authority and capacity to use the application and the Services available through the application, and agree to and abide by this Agreement.

3. Terms of Use Applicable to All Users Other Than Practitioners

The terms in this Clause 3 are applicable only to Users other than Practitioners.

3.1 End-User Account and Data Privacy

3.1.1 The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 OPLive may by its Services, collect information relating to the devices through which you access the application, and anonymous data of your usage. The collected information will be used only for improving the quality of OPLive's services and to build new services.

3.1.3 The application allows OPLive to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

3.1.4 The Privacy Policy sets out, inter-alia: the type of information collected from Users, including sensitive personal data or information; the purpose, means and modes of usage of such information; how and to whom OPLive will disclose such information; and other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the name and address of the agency that is collecting the information and the agency that will retain the information.

3.1.6 OPLive shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to OPLive or to any other person acting on behalf of OPLive.

3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the application. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify OPLive of any actual or suspected unauthorized use of the User's account or password.

3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete, or OPLive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OPLive has the right to discontinue the Services to the User at its sole discretion.

3.1.9 OPLive may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10 Against every Practitioner listed in www.oplive.app, you may see a message or call option. When you choose this option, you choose to contact the practitioner through a free message or call service provided by OPLive, and the records of such communications are recorded and stored in OPLive's servers. Such communications will be recorded as per the Privacy Policy and may be accessed by OPLive for quality control and support related purposes.

3.2 Relevance Algorithm

OPLive's relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its application. These listings of Practitioners do not represent any fixed objective ranking or endorsement by OPLive. OPLive will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback.

3.3 Listing Content and Disseminating Information

3.3.1 OPLive collects, directly or indirectly, and displays on the application, relevant information regarding the profile and practice of the Practitioners listed on the application, such as their specialization, qualification, fees, location, visiting hours, and similar details. OPLive takes reasonable efforts to ensure that such information is updated at frequent intervals. Although OPLive screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2 The Services provided by OPLive or any of its licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). OPLive does not provide or make any representation, warranty or guarantee, express or implied about the application or the Services.

3.3.3 The application may be linked to the application of third parties, affiliates and business partners. OPLive has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such applications or made available by/through our application. User may use the links and these services at User's own risk.

3.3.4 OPLive assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the application or the downloading of any material, data, text, images, video content, or audio content from the application. If a User is dissatisfied with the application, User's sole remedy is to discontinue using the application.

3.3.5 If OPLive determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, OPLive reserves the right to immediately suspend your access to the application or any of your accounts with OPLive. You shall be liable to indemnify OPLive for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected OPLive or its Users.

3.4 Book Appointment and Call Facility

OPLive enables Users to connect with Practitioners through two methods: (a) Book facility that allows Users book an appointment through the application; (b) Value added telephonic services which connect Users directly to the Practitioner's profile provided on the application.

3.4.1 If a User has utilized the telephonic services, OPLive reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

3.4.2 The results of any search Users perform on the application for Practitioners should not be construed as an endorsement by OPLive of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

3.4.3 Without prejudice to the generality of the above, OPLive is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that OPLive will not be liable for:

• User interactions and associated issues User has with the Practitioner;
• The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
• Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
• Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
• Any misconduct or inappropriate behaviour by the Practitioner or the Practitioner's staff;
• Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

3.4.4 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law.

3.4.5 In case of a 'Patient-No-Show (P.N.S)', where the User does not show-up at the concerned Practitioner's clinic:

• User's account will be temporarily disabled from booking further online appointments on application for next four (4) months, in case of three (3) Valid PNS. However, the User can continue to call the clinic via application to get an appointment.
• Patient-No-Show (P.N.S) is defined as any instance where a User, who booked an appointment on the application using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance.
• OPLive reserves the right to make the final decision in case of a conflict. The total aggregate liability of OPLive with respect to any claims made herein shall be INR 200.

3.4.6 Cancellation and Refund Policy: In the event that the Practitioner with whom User has booked a paid appointment via the application has not been able to meet the User, User will need to write to us at support@oplive.app within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the application will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment. In case where the User does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded.

3.5 No Doctor-Patient Relationship; Not for Emergency Use

3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the application may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between OPLive and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

3.5.2 It is hereby expressly clarified that the Information that you obtain or receive from OPLive, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the application. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person's behalf), please contact an ambulance service or hospital directly.

3.6 Consult (Online Medical Teleconsultation)

OPLive is providing online medical teleconsultation services through its medical practitioners ("Practitioner") through the mobile application 'OPLive'. The Agreement applies to:

• A patient, his/her representatives or affiliates, seeking healthcare services including searching for Practitioners through the application ("End-User", "you" or "User"); or
• Otherwise, a user of the application ("you" or "User").

OPLive reserves the right to modify or terminate any portion of the Agreement for any reason and at any time. Your continued use of the Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872; the (Indian) Information Technology Act, 2000; and the Telemedicine Guidelines part of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002).

Definition: Consult is a Service provided by OPLive that allows Users to seek medical consultation by communicating with its registered Practitioners on the platform. The scope of this feature as detailed herein is collectively referred to as "Consult".

Terms for Users:

• The Users can choose the Practitioner of choice through the search options made available on the platform.
• In case any prescription is being provided to the User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
• The Users agree to use the advice from Practitioner subject to: an ongoing treatment with their medical practitioner; a condition which does not require emergency treatment, physical examination or medical attention; medical history available as records with them for reference; and consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
• The User agrees that by using Consult, the Practitioners will not be conducting physical examination of the Users. User acknowledges and agrees that he/she is aware of this limitation and agrees to assume the complete risk of this limitation.
• The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation.
• During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the application for access by the User.
• The User hereby agrees to OPLive's medical team carrying out an audit of his/her consultations with the Practitioner for the purpose of improving treatment quality, user experience, and other related processes.
• User shall refrain from raising any personal queries or seeking advice from Practitioner which are not related to a specific disease/medicine/medical condition.
• Users shall not use abusive language with the Practitioner. In the event of an abuse from the User is reported by a Practitioner, OPLive reserves the right to terminate the Service and shall not provide such Services in future.
• Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos.
• Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Website.
• For every paid consultation, the Users shall not obtain consultation for more than one User.
• Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Guidelines. The restricted drugs are: Medication for Medical Termination Pregnancy (MTP); Drugs under the following pharmaceutical classifications such as sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
• User understands and agrees to provide accurate information and will not use the Services for any acts that are considered to be illegal in nature.
• The User shall indemnify and hold harmless OPLive and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses arising due to or in relation to the use of the application by the User, by breach of the Terms or violation of any law, rules or regulations by the User.

Refund Policy for Users:

• In the event it is proved that the Practitioners have acted in contravention of any applicable laws, OPLive shall provide complete refund to the User, subject to investigation undertaken by OPLive.
• If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and OPLive shall be entitled to take any legal action.
• In case a Practitioner does not provide a consultation summary prescription for a particular consultation, then the User shall have the right to request for a refund.
• In case a Practitioner is unreasonably abrupt or quick to complete a particular consultation, then the User shall have the right to request for a refund. OPLive shall provide complete refund to the User, subject to investigation undertaken by OPLive.
• OPLive reserves the right to permanently block Users from future Services in the event OPLive receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of OPLive.
• Users are allowed a period of three (3) days to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter.
• After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved by OPLive.
• In all matters related to refund and settlement under this Agreement, OPLive shall decide so at its sole and absolute discretion after detailed review of the matter. The decision of OPLive shall be final in this regard.

Express Disclaimers: Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Consult is a mode available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with a medical practitioner.

3.7 Content Ownership and Copyright Conditions of Access

3.7.1 The contents listed on the application are (i) User generated content, or (ii) belong to OPLive. The information that is collected by OPLive directly or indirectly from the End-Users and the Practitioners shall belong to OPLive. Copying of the copyrighted content published by OPLive on the application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and OPLive reserves its rights under applicable law accordingly.

3.7.2 OPLive authorizes the User to view and access the content available on or from the application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the application (collectively, "OPLive Content"), are the property of OPLive and are protected under copyright, trademark and other laws. User shall not modify the OPLive Content or reproduce, display, publicly perform, distribute, or otherwise use the OPLive Content in any way for any public or commercial purpose or for personal gain.

3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.8 Records

OPLive may provide End-Users with a free facility of records on its mobile application 'OPLive'. Information available in your records is of two types:

• User-created: Information uploaded by you or information generated during your interaction with OPLive ecosystem, e.g.: appointment, medicine order placed by you.
• Practice-created: Health Records generated by your interaction with a Practitioner who uses 'OPLive Ray' or other Services of OPLive software.

The specific terms relating to such Health Account are as below:

• 3.8.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
• 3.8.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and OPLive does not validate the said information and makes no representation in connection therewith.
• 3.8.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, OPLive is not liable for any interruption that may be caused to your access of the Services.
• 3.8.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In case you do not wish to receive the reminders, you can switch it off through the OPLive app.
• 3.8.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records.
• 3.8.6 OPLive uses industry-level security and encryption to your Health Records. However, OPLive does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised.
• 3.8.7 If you access your dependents' Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records.
• 3.8.8 In case you want to delete your Records, you can do so by contacting our service support team.
• 3.8.9 You may lose your "User created" record, if the data is not synced with the server.
• 3.8.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
• 3.8.11 OPLive is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
• 3.8.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. OPLive is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
• 3.8.13 OPLive is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us.
• 3.8.14 OPLive has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
• 3.8.15 OPLive will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
• 3.8.16 You agree and acknowledge that OPLive may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
• 3.8.17 You acknowledge that the Practitioners you are visiting may engage OPLive's software or third party software for the purposes of the functioning of the Practitioner's business and OPLive's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.

3.9 OPLive Medicine Information

OPLive Information System on medicines and other medicinal products is an information source that concentrates on providing information (critical or otherwise) required for understanding such information including but not limited to: the components or elements used in the manufacturing of such medicines; the side effects that may be caused or arise owing to the use of the medicines; the alternative medicines/medicinal products that may be used; and symptoms and associated medicines generally administered in such cases.

4. Terms of Use Applicable to Practitioners

The terms in this Clause 4 are applicable only to Practitioners.

4.1 Listing Policy

4.1.1 OPLive, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. OPLive reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner.

4.1.2 OPLive shall not be liable and responsible for the ranking of the Practitioners on external applications and search engines.

4.1.3 OPLive shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by OPLive, where the User has expressly or implicitly consented to the making of disclosures or publications by OPLive.

4.1.4 OPLive reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the application.

4.1.5 Practitioners explicitly agree that OPLive reserves the right to publish the Content provided by Practitioners to a third party including content platforms.

4.1.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and OPLive accepts no liability for the same.

4.2 Profile Ownership and Editing Rights

OPLive ensures easy access to the Practitioners by providing a tool to update your profile information. OPLive reserves the right of ownership of all the Practitioner's profile and photographs and to moderate the changes or updates requested by Practitioners. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using OPLive's services, and that no such content breaches any third party rights, including intellectual property rights.

4.3 Patient Stories Display Rights of OPLive

4.3.1 All Critical Content is content created by the Users of www.oplive.app and the clients of OPLive customers and Practitioners, including the End-Users. As a platform, OPLive does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000.

4.3.2 OPLive reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the application.

4.3.3 OPLive shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. OPLive shall not be liable for any effect on Practitioner's business due to Critical Content of a negative nature.

4.3.5 OPLive will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users.

4.3.6 If OPLive determines that you have provided inaccurate information or enabled fraudulent feedback, OPLive reserves the right to immediately suspend any of your accounts with OPLive.

4.4 Relevance Algorithm

OPLive has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. OPLive shall not be liable for any effect on the Practitioner's business interests due to the change in the Relevance Algorithm.

4.5 Independent Services

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by OPLive.

4.6 OPLive Reach Rights

OPLive reserves the rights to display sponsored ads on the application. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, OPLive will not be liable for the accuracy of information or the claims made in the Sponsored ads. OPLive does not encourage the Users to visit the Sponsored ads page or to avail any services from them.

4.7 OPLive Medicine Information

Please refer to Clause 3.9 above.

4.8 Book Appointment and Call Facility

4.8.1 As a valuable partner on our platform we want to ensure that the Practitioners experience on the OPLive booking platform is beneficial to both, Practitioners and their Users.

4.8.2 Practitioner understands that, OPLive shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking the feedback provided by Users shall be solely at the discretion of OPLive.

4.9 Practitioner Undertaking

The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/services being rendered.

4.10 Usage in Promotional & Marketing Materials

In recognition of the various offerings and services provided by OPLive to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow OPLive to include a brief description of the services provided to Practitioner in OPLive's marketing, promotional and advertising materials; (b) allow OPLive to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to OPLive's existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner's name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

5. Rights and Obligations Relating to Content

5.1 As mandated by Regulation 3(2) of the IG Rules, OPLive hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

• Belongs to another person and to which the User does not have any right to;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable;
• Harm minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Violates any law for the time being in force;
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonate another person;
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence.

5.2 Users are also prohibited from:

• Violating or attempting to violate the integrity or security of the application or any OPLive Content;
• Transmitting any information on or through the application that is disruptive or competitive to the provision of Services by OPLive;
• Intentionally submitting on the application any incomplete, false or inaccurate information;
• Making any unsolicited communications to other Users;
• Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the application;
• Attempting to decipher, decompile, disassemble or reverse engineer any part of the application;
• Copying or duplicating in any manner any of the OPLive Content or other information available from the application;
• Framing or hot linking or deep linking any OPLive Content;
• Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3 OPLive, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. OPLive shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, OPLive has the right to immediately terminate the access or usage rights of the User to the application and Services and to remove non-compliant information from the application.

5.5 OPLive may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. OPLive respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

6. Termination

6.1 OPLive reserves the right to suspend or terminate a User's access to the application and the Services with or without notice and to exercise any other remedy available under law, in cases where:

• Such User breaches any terms and conditions of the Agreement;
• A third party reports violation of any of its right as a result of your use of the Services;
• OPLive is unable to verify or authenticate any information provided to OPLive by a User;
• OPLive has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
• OPLive believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for OPLive or are contrary to the interests of the application.

6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the application by such User.

7. Limitation of Liability

In no event, including but not limited to negligence, shall OPLive, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the application or the content, materials and functions related thereto, the Services, User's provision of information via the application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• Provision of or failure to provide all or any service by Practitioners to End-Users contacted or managed through the application;
• Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the application;
• Any unauthorized access to or alteration of your transmissions or data; or
• Any other matter relating to the application or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8. Retention and Removal

OPLive may retain such information collected from Users from its application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

9. Applicable Law and Dispute Settlement

9.1 You agree that this Agreement and any contractual obligation between OPLive and User will be governed by the laws of India.

9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by OPLive. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the application or the Services or the information to which it gives access.

10. Contact Information / Grievance Officer

10.1 If a User has any questions concerning OPLive, the application, this Agreement, the Services, or anything related to any of the foregoing, OPLive customer support can be reached at the following email address: support@oplive.app

10.2 In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer through our Contact Us page. In the event you suffer as a result of access or usage of our application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

11. Severability

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

12. Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by OPLive. Any consent by OPLive to, or a waiver by OPLive of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.