Terms of Service

1. Agreement

These Terms of Service (“Terms”) constitute a binding agreement between you (“Client”, “you”, or “your”) and PhoneixRise Interactive Pvt. Ltd. (“we”, “us”, or “our”). By accessing or using our websites, digital services, or healthcare web solutions (collectively, the “Services”), you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.

2. Eligibility & Accounts

• You must be of legal age and capacity to form a binding contract in your jurisdiction.
• You agree to provide accurate and up-to-date information for registration, billing, and communications.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3. Scope of Services

We provide website design, development, hosting setup guidance, digital marketing, and related healthcare technology services. Specific deliverables, costs, and timelines will be defined in project proposals or Statements of Work (SOWs) agreed upon by both parties.

4. Client Responsibilities

• Provide timely feedback, content, and approvals necessary for project execution.
• Obtain all rights, licenses, and consents for materials you supply to us.
• Use our Services only in compliance with applicable laws, including healthcare regulations and patient data protection rules.
• Not to transmit or upload Protected Health Information (“PHI”) unless services are explicitly covered under a Business Associate Agreement (BAA).

5. Payments & Billing

Fees are outlined in our proposals or invoices. Unless otherwise stated, payments are due within 7 business days of invoice date. Late payments may incur interest at the maximum rate permitted by law. All taxes, levies, or duties are your responsibility.

6. Intellectual Property

All intellectual property rights in pre-existing materials, frameworks, and templates belong to PhoneixRise Interactive. Upon full payment, you receive a limited license or ownership transfer of project deliverables as defined in your agreement. Our trade names, marks, and code libraries remain our exclusive property.

7. Confidentiality

Each party agrees to protect the other’s confidential information and to use it solely for the purpose of fulfilling the contractual relationship. Confidentiality obligations survive termination of the project or agreement.

8. Data Protection & HIPAA

We process personal data per our Privacy Policy. For U.S. healthcare clients, a Business Associate Agreement (BAA) is required before we handle PHI. For Indian clients, we comply with the Digital Personal Data Protection (DPDP) Act, 2023. You are responsible for configuring and maintaining compliance for your systems, users, and patient-facing features.

9. Third-Party Services

We may integrate third-party tools (e.g., hosting providers, payment gateways, email platforms, analytics). These are governed by their own terms and privacy policies. We are not responsible for third-party service failures or misuse outside our control.

10. Warranties & Disclaimers

The Services are provided “as is” and “as available.” Except as expressly stated, we disclaim all warranties—express or implied—including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee rankings, conversions, or uninterrupted availability.

11. Limitation of Liability

To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability shall not exceed the total fees paid to us in the 12 months preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless PhoneixRise Interactive, its directors, and employees against claims, damages, or expenses arising from your content, misuse of our Services, or breach of these Terms or applicable law.

13. Termination

Either party may terminate the Services upon 30 days’ written notice or for material breach if not cured within that period. Upon termination, access to systems and deliverables will cease. Confidentiality, payment, and intellectual property clauses survive termination.

14. Governing Law & Dispute Resolution

For clients based in India, these Terms are governed by the laws of India, and disputes shall be subject to the exclusive jurisdiction of courts in Noida, Uttar Pradesh.
For U.S. clients, the governing law is the State of Delaware, and disputes shall be resolved in the courts of Delaware unless otherwise agreed in writing.

15. Changes to Terms

We may update these Terms from time to time. Continued use of our Services after changes become effective constitutes acceptance of the revised Terms. The latest version will always be available on this page.