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1. Who We Are

Fertiva Pro is a product of HumanITech, a GST-registered sole proprietorship (GST: 33CELPM1393H1ZD) based in Coimbatore, Tamil Nadu, India. In this Policy, "we", "us", or "HumanITech" refers to the Data Fiduciary. "You" refers to the clinic administrator, treating physician, clinic staff, or authorised user of the Fertiva Pro platform.

2. Data We Collect

• Clinic Account Data: Business name, GST number, address, contact email, phone number, and billing information provided during registration.
• User Account Data: Name, role, email address, password hash, and access permissions of clinic staff.
• Patient Demographic Data: Name, date of birth, gender, contact number, address, and ABHA number (if provided), collected only with explicit DPDP-compliant patient consent.
• Clinical ART Data: Treatment cycle records, hormone assay results, embryology lab data, diagnosis, prescriptions, and consultation notes entered by authorised clinical staff.
• Voice Transcription Data: Audio processed in real time by Sarvam AI (MeitY/IndiaAI Mission empanelled) for clinical note generation. Audio is not stored after transcription.
• Billing Data: Invoice records and payment transaction IDs. Full card or bank details are processed exclusively by Razorpay and never stored by Fertiva Pro.
• Audit Logs: Platform access events, IP addresses, and RBAC audit trails for regulatory compliance.

3. How We Use Your Data

We use collected data to operate the Fertiva Pro platform, generate ICMR-compliant ART cycle records, process invoices and payment notifications, deliver AI-assisted clinical features, send account security notifications, maintain audit logs, and improve platform features using anonymised aggregated data only. We do not use patient clinical data for marketing or advertising.

4. Legal Basis for Processing

We process personal data under the DPDP Act 2023 on the basis of explicit consent for patient data, contractual necessity for clinic billing data, legitimate interest for audit and security logs, and legal obligation under the ICMR ART Act 2021 for clinical record retention.

5. Data Localisation

All personal data — including patient clinical records — is stored on VPS infrastructure physically located in India. No personal data is transferred to servers outside India. Sarvam AI voice transcription operates entirely within India.

6. Data Retention

• Patient clinical data: Minimum 10 years (ICMR ART Act 2021)
• Clinic account data: Duration of subscription plus 3 years post-termination
• Audit logs: 5 years
• Voice transcription audio: Not retained — processed in real time only

7. Your Rights as a Data Principal

Under the DPDP Act 2023, you may access, correct, or request erasure of your personal data, withdraw consent, and file grievances with our Grievance Officer or the Data Protection Board of India. Contact: hello@fertiva.pro

8. Security

We implement TLS 1.3 encryption for data in transit, with full-disk encryption at rest being deployed ahead of first clinic go-live, RBAC across 132+ governed API endpoints, and immutable audit logs for all data access and modification events.

9. Third-Party Services

• Sarvam AI (MeitY/IndiaAI Mission empanelled): Real-time voice transcription. Audio not retained.
• Razorpay: Payment processing. Card and bank details not stored by Fertiva Pro.

We do not share personal data with any third party for advertising or marketing purposes.

10. Grievance Officer

Grievances are acknowledged within 48 hours and resolved within 15 business days. Unresolved disputes may be escalated to the Data Protection Board of India at meity.gov.in.

11. Changes to This Policy

Registered users will be notified by email at least 7 days before material changes take effect.

1. Acceptance

By registering for or using Fertiva Pro, you agree to these Terms of Service. If you register on behalf of a clinic or organisation, you represent that you have authority to bind that organisation to these Terms.

2. Service Description

Fertiva Pro is a cloud-based clinic management platform for fertility clinics, providing 9 clinical modules, 19 AI-assisted features, Sarvam AI voice transcription in 22 Indian languages, ICMR ART record management, HRMS, and patient communication tools — all DPDP and ICMR compliant.

3. Account Registration

You must provide accurate clinic and contact information during registration. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Each staff member must have an individual login — credential sharing is not permitted.

4. Subscription Plans and Billing

Fertiva Pro is offered on monthly and annual subscription plans. Annual plans are billed upfront. Monthly plans renew automatically. Prices are as published on fertiva.pro at the time of subscription. We reserve the right to update pricing with 30 days' advance notice to existing subscribers.

5. Free Trial

All plans include a 14-day free trial with full feature access. No credit card is required to start. Your account will not be charged unless you actively subscribe to a paid plan after the trial.

6. Acceptable Use

You agree to use Fertiva Pro only for lawful clinical and administrative purposes. You must not attempt to reverse-engineer or decompile the platform, introduce malicious code, conduct automated attacks, access data of other clinics, or use the platform for purposes unrelated to fertility clinic operations.

7. Clinical Data Responsibility

You are responsible for the accuracy of clinical data entered into Fertiva Pro. AI features including risk predictors, protocol advisors, and outcome predictors are decision-support tools only and do not constitute medical advice. Treating physicians remain solely responsible for all clinical decisions.

8. Intellectual Property

All platform code, design, AI models, and branding are the intellectual property of HumanITech. Clinical data you enter remains your property. We claim no ownership over patient records or clinic data.

9. Service Availability

We target 99.5% monthly uptime. Scheduled maintenance is communicated at least 24 hours in advance. Downtime due to force majeure events is excluded from uptime calculations.

10. Limitation of Liability

To the maximum extent permitted by applicable law, HumanITech's aggregate liability for any claim arising from the use of Fertiva Pro shall not exceed the total subscription fees paid by you in the three months preceding the claim.

11. Termination

You may cancel your subscription at any time from your account settings. On cancellation, your data remains accessible for 90 days in read-only mode, after which it is permanently deleted. We may suspend or terminate accounts that violate these Terms, with 7 days' notice except in cases of serious breach.

12. Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Coimbatore, Tamil Nadu.

1. Free Trial — No Charge

All Fertiva Pro plans include a 14-day free trial with full feature access. No credit card is required to start. You will not be charged during this period under any circumstances.

2. First Month Satisfaction Guarantee

If you are not satisfied with Fertiva Pro within the first 14 days of your first paid subscription month, you are entitled to a full refund of that month's fee — no questions asked. Refund requests must be submitted to hello@fertiva.pro within 14 days of the first charge date.

3. Annual Plan Refunds

If you subscribed to an annual plan and request a refund after the 14-day satisfaction period, we will issue a pro-rata refund for unused complete months remaining on your subscription, minus a ₹500 processing fee.

4. Monthly Plan Refunds

Monthly subscription fees are not refundable after the 14-day satisfaction guarantee window for that billing cycle has passed.

5. Non-Refundable Scenarios

• Add-on message credits that have already been consumed
• Accounts suspended or terminated for violation of our Terms of Service
• Refund requests submitted after the applicable eligibility window

6. How to Request a Refund

Email hello@fertiva.pro with the subject line "Refund Request — [Your Clinic Name]" and include your registered email address and reason for the request. We will acknowledge within 24 hours and confirm eligibility within 2 business days.

7. Processing Time

Approved refunds are processed within 7 business days. Depending on your bank or card issuer, the credit may take an additional 3–5 business days to appear in your account.

1. Overview

Fertiva Pro is designed from the ground up to comply with the Digital Personal Data Protection (DPDP) Act, 2023 — India's comprehensive data protection legislation. This document outlines how we fulfil our obligations as a Data Fiduciary and protect the rights of Data Principals (patients, clinic staff, and administrators) whose data we process.

2. Our Role Under the DPDP Act

HumanITech (operating Fertiva Pro) acts as a Data Fiduciary under the DPDP Act with respect to clinic user and billing data. Fertility clinics using Fertiva Pro act as Data Fiduciaries with respect to their patients, with HumanITech acting as a Data Processor on their behalf.

3. Consent Architecture

• Dual Consent Model: Patient consent is collected through a V1 consent (basic demographic intake) and a V2 consent (full clinical ART data processing consent), both DPDP-compliant.
• Couple-Aware Consent: For IVF/ART procedures involving two partners, both individuals provide explicit, separate consent before any shared clinical data is processed.
• Consent Tokens: Each consent event is recorded with a timestamped, ULID-identified consent token stored immutably in our audit log.
• Withdrawal: Patients may withdraw consent at any time. Fertiva Pro supports consent withdrawal workflows that immediately restrict further processing of that patient's data.

4. Data Principal Rights

Under the DPDP Act, Data Principals have the right to access personal data held, request correction of inaccurate data, request erasure of data no longer necessary (subject to ICMR ART Act 2021 retention mandates), and file grievances with our Grievance Officer. To exercise these rights: hello@fertiva.pro

5. Data Localisation

All personal data — including patient clinical records, embryology lab data, and consultation notes — is stored on VPS infrastructure physically located within India. No personal data is processed or stored on servers outside India. Sarvam AI voice transcription is India-hosted and MeitY/IndiaAI Mission empanelled.

6. Security Safeguards

We process sensitive personal health data and apply heightened safeguards including:

• RBAC with 132+ granular, role-specific API endpoint controls
• Full-disk encryption at rest — being deployed ahead of first clinic go-live
• TLS 1.3 for all data in transit
• Immutable audit logs for all data access and modification events
• Automated daily encrypted backups stored in India

7. Data Breach Notification

In the event of a personal data breach, we will notify the Data Protection Board of India within 72 hours of becoming aware, notify affected clinics and patients as required by law, take immediate remediation steps, and publish a post-incident report.

8. Children's Data

Fertiva Pro processes birth records of children born through ART as required by ICMR ART Act 2021 regulations. Such records are handled with heightened security and accessible only by clinically authorised personnel. Children's data is never used for any secondary purpose.

9. Grievance Officer

Data Principals may submit grievances to our Grievance Officer at hello@fertiva.pro. We acknowledge within 48 hours and resolve within 15 business days. Unresolved disputes may be escalated to the Data Protection Board of India at meity.gov.in.

10. Policy Review

We review our DPDP compliance posture on a quarterly basis and update this document to reflect changes in applicable law or our data processing activities.