Terms of Service

1. Agreement

By creating an account, signing in, or otherwise using DrPenDown (the "Service"), you agree to these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a clinic, hospital, or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy and Cookie Policy by reference.

2. Who can use DrPenDown

DrPenDown is built for licensed medical practitioners and the staff they authorise. By using the Service you represent and warrant that:

• You are at least 18 years old.
• You are a qualified medical practitioner (or an authorised member of a practitioner's staff) in the jurisdiction in which you practise.
• You hold any registration, licence, or permit required by law to record the clinical notes you enter into DrPenDown.
• The information you provide at signup is accurate and you will keep it up to date.

We do not target the Service at consumers or unlicensed individuals. We may at any time require evidence of your qualifications; failure to provide it is grounds for suspension.

3. Your account

• You are responsible for keeping your password secure and for everything that happens under your account.
• Use a strong, unique password and enable any additional security options we make available.
• Tell us promptly at security@drpendown.com if you suspect any unauthorised access to your account.
• You may not share your account credentials with anyone outside your authorised clinic team. If you need multiple doctors on the same data, subscribe a separate account for each — the 3-month plan supports a shared template library across accounts on the same device/browser.

4. Acceptable use

You agree not to use the Service to:

• Upload content that is unlawful in your jurisdiction, or that infringes any third party's rights (including privacy rights).
• Upload content you do not have a lawful basis to record — for example, patient identifiers you are not authorised to collect.
• Attempt to reverse-engineer, decompile, or extract the source code of the Service, except to the extent the law expressly permits it.
• Probe, scan, or test the vulnerability of the Service or any related system, except via our published security disclosure process.
• Interfere with or disrupt the Service, including by introducing malware, rate-limiting workarounds, or by using the Service in a manner that imposes a disproportionate load on our infrastructure.
• Use the Service to train, fine-tune, or otherwise improve any third-party AI model, large language model, or similar system.
• Resell, sublicense, or white-label the Service without our written agreement.

5. The medical disclaimer (please read this)

DrPenDown is a documentation and printing tool. It is not a medical device. It does not diagnose, treat, mitigate, cure, or prevent any disease or condition. It does not provide clinical decision support. It does not replace your professional judgement.

Specifically:

• All clinical content — diagnoses, prescriptions, investigations, follow-up plans, discharge summaries — is entered by you, the practitioner. DrPenDown does not diagnose, triage, or make treatment recommendations. Two software conveniences surface text as you type: text autocomplete, which draws from your own previous notes and from the dictionaries you have loaded; and dictation, which transcribes your speech and rewrites the transcript using your personal phrase library as grounding.
• The autocomplete feature is a typing aid that draws from your own previous notes and the dictionaries you have loaded. It is not a clinical validator. If a suggestion does not match your clinical intent, ignore it and keep typing.
• The dictation feature transcribes your speech through a sub-processor and rewrites the transcript using a language model grounded in your per-field phrase library (see our Privacy Policy). The model cannot generate clinical content from a generic drug dictionary; it can only rewrite words you said using phrases you have already used on the same field. The rewritten text is still your words, arranged by the model — not new clinical content invented by it. You are responsible for reading every rewrite before accepting it. If a rewrite drops, adds, or substitutes words, edit it or reject it before saving.
• You are solely responsible for the accuracy, completeness, and clinical appropriateness of every consultation you record, save, print, or share using DrPenDown.
• DrPenDown makes no representation about the suitability of the Service for any particular medical specialty, condition, or jurisdiction beyond what is stated on our landing page.
• If the Service behaves in a way that could affect patient safety — a missing field, a wrong patient, a duplicate consultation, a dictation rewrite that looks wrong — stop using it for that visit, verify everything against your own records, and tell us so we can investigate.

Nothing in these Terms is intended to override your professional, ethical, or legal duties as a registered medical practitioner. Where those duties conflict with these Terms, your professional duties prevail.

6. Subscriptions, billing, and free trial

DrPenDown is sold as a subscription per account (i.e. per doctor or per authorised staff user). The plans currently offered are the 1-month plan and the 3-month plan, each with the features listed on our pricing page. Prices are displayed in the currency that matches your region — Indian Rupees (₹) for visitors in India, US Dollars ($) for visitors elsewhere. If you sign up from a different country, the price is shown in your local currency at checkout where supported.

A 7-day free trial is available on first signup. A payment method is required to start the trial — you will be charged ₹0 today, and the plan auto-renews on day 8 unless you cancel from your Account page. If you choose to continue, you will be billed monthly in advance via our payment processor.

• Subscriptions renew automatically each month until cancelled.
• You may upgrade your plan at any time; the new price is pro-rated.
• You may downgrade your plan at the end of the current billing cycle; we do not refund the difference.
• Taxes (including GST in India, VAT in the EU, and any equivalent elsewhere) are added at checkout where applicable.
• If a payment fails, we retry over the following 7 days and notify you by email. After 14 days of non-payment, your account is moved to a read-only state; after 30 days, your account is suspended.

7. Refunds and cancellation

You may cancel your subscription at any time from inside the app or by emailing us. Cancellation takes effect at the end of the current billing cycle; you keep access until then.

We do not generally refund subscription fees for partial months. If you believe you were charged in error — for example, a duplicate charge or a billing date that surprised you — write to us within 14 days of the charge and we'll work it out in good faith.

Refunds, when granted, are processed to the original payment method within 10 business days.

8. Your data and your patients' data

You retain all rights, title, and interest in the clinical data you create using the Service. We claim no ownership over it. We process that data only on your documented instructions, as further described in our Privacy Policy.

You are the data controller for any patient personal data you enter. You are responsible for:

• Having a lawful basis to record that data (consent, medical-necessity, or another basis recognised by the law in your jurisdiction).
• Honouring the rights of your patients — including access, correction, and erasure — within the timeframes required by local law.
• Configuring your account, templates, and retention settings to comply with the medical-record-keeping rules that apply to you.

You may export your data as JSON or CSV at any time using the export feature inside the app, and you may delete individual records or your entire account. After cancellation, we retain your data for the grace period described in our Privacy Policy before permanently deleting it.

We may use aggregated, fully de-identified usage data (for example, "the average consultation length on the Solo plan is 90 seconds") to improve the Service. We will never use your patient clinical content for this purpose, and we will never sell or rent any data that could identify you or your patients.

9. Intellectual property

The Service — including its code, design, logos, brand, and documentation — is owned by the DrPenDown team and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.

Feedback you send us (suggestions, ideas, bug reports) is not confidential. We may use feedback without restriction or compensation to you, provided we do not name you without your permission.

10. Third-party services and content

The Service integrates with third-party infrastructure providers (Convex for the database, Cloudflare R2 for media, our payment processor, our email provider). We are not responsible for the availability, accuracy, or security of those third-party services, although we choose them with care and bind them with data-processing agreements.

The medicine autocomplete library is sourced from open and proprietary medical terminologies. We do our best to keep it current, but we make no warranty as to its accuracy or completeness. It is an aid, not an authority.

11. Suspension and termination

We may suspend or terminate your access to the Service at any time if we reasonably believe that:

• You have breached these Terms.
• Your use of the Service poses a security, legal, or reputational risk to us, to other users, or to third parties.
• We are required to do so by law or by a competent authority.
• Continued provision of the Service would be commercially unreasonable (for example, a discontinuation of the Service in your region).

Where reasonable, we will give you advance notice and an opportunity to export your data. In cases involving risk of harm or unlawful activity, we may act immediately and without notice.

You may terminate these Terms at any time by cancelling your subscription and closing your account. Sections that by their nature should survive termination — including those on data deletion, intellectual property, disclaimers, limitation of liability, and governing law — will survive.

12. Changes to the service and to these terms

We are continuously improving the Service and may add, change, or remove features from time to time. If a change materially reduces the functionality available on your plan, you may cancel and request a pro-rated refund for the unused portion of the current billing cycle.

We may update these Terms. The "Last updated at" date at the top will reflect the current version. For material changes — anything that materially expands our rights or limits yours — we will notify account holders by email and give at least 30 days' notice before the change takes effect. Continued use of the Service after that date constitutes acceptance of the new Terms.

13. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of any data or content produced by the Service.

Without limiting the above, we do not warrant that the Service will be uninterrupted, error-free, or free from data loss. You are responsible for maintaining your own backups of any data you cannot afford to lose; while we provide export tools and run provider-level backups, you should not treat DrPenDown as a substitute for your own clinical-record-keeping duties.

14. Limitation of liability

To the maximum extent permitted by law, our total cumulative liability to you for all claims arising out of or related to the Service in any 12-month period will not exceed the greater of (a) the amounts you paid us in that period or (b) one hundred US dollars (US$100).

Neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if the other party has been advised of the possibility of such damages.

Nothing in this section limits liability that cannot be excluded by applicable law — for example, liability for fraud, for death or personal injury caused by negligence, or for any other liability that applicable law says cannot be limited by contract.

15. Indemnification

You agree to indemnify and hold harmless the DrPenDown entity, its officers, directors, employees, and agents from any third-party claim arising out of (a) your breach of these Terms; (b) your use of the Service, including any clinical content you record; or (c) your violation of any law or any third party's rights.

16. Governing law and disputes

These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. The parties will first attempt to resolve any dispute through good-faith negotiation for at least 30 days. If a dispute is not resolved, it will be referred to arbitration before a sole arbitrator in Bengaluru, India, under the rules of the Indian Council of Arbitration. The arbitration will be in English. Judgment on the award may be entered in any court of competent jurisdiction.

Nothing in this section prevents either party from seeking interim or injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration.

If you are a consumer in a jurisdiction that gives you the right to bring proceedings in your local courts (for example, under EU consumer law), this section does not take that right away from you.

17. Miscellaneous

• Entire agreement. These Terms (plus the documents they reference) are the entire agreement between you and us about the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any right under these Terms does not waive that right.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all of our assets, subject to section 8 of these Terms.
• Notices. We may give you notices by email, by an in-app banner, or by posting on our website. You may give us notices by email to the address in section 18.

18. Contact

The DrPenDown team is the counterparty to these Terms. The fastest way to reach us is legal@drpendown.com. We aim to respond within two business days.