ViKavach
ViKavach
Legal Documentation

Terms & Conditions

Review the legal framework governing ViKavach high-precision sterilization hardware and digital monitoring ecosystems. Last updated: October 2024.

01. Introduction & Scope

These Terms & Conditions (“Terms”) govern the access, purchase, installation, and use of all products and services provided by ViKavach Hygiene Pvt Ltd (“ViKavach”, “Company”, “we”, “us”, “our”). This agreement constitutes a Business-to-Business (B2B) contract. By purchasing, accessing, or using any ViKavach product or platform, the hospital, clinic, or operating facility (“Customer”, “You”) agrees to be bound by these Terms.

This includes:

  • UV-C sterilization hardware
  • Digital Twin dashboard & SaaS subscriptions
  • Fleet management systems & AI-driven analytics
  • Installation, maintenance, and support services

02. Product Purpose & Usage

ViKavach systems are designed to support environmental hygiene management, sterilization workflows, and compliance visibility. ViKavach products are supplementary support systems and do not replace manual cleaning protocols, standard infection control procedures, hospital governance, or regulatory compliance requirements.

03. Safety, Authorized Use & Indemnification

UV-C radiation is hazardous if misused. The Customer agrees to:

  • Operate devices only through trained and authorized personnel.
  • Ensure absolute zero human or animal exposure during active sterilization cycles.
  • Maintain and never bypass door sensors, interlocks, PIR sensors, and safety systems.

Customer Indemnification: The Customer agrees to indemnify, defend, and hold harmless ViKavach, its officers, directors, and employees from and against any claims, damages, liabilities, lawsuits, or regulatory fines arising out of (a) the Customer's failure to follow safety protocols, (b) unauthorized modification of the hardware or software, (c) intentional or accidental bypass of safety sensors by hospital staff or third parties, or (d) regulatory violations by the hospital.

04. Hardware Warranty & Maintenance

ViKavach provides a 1-year limited warranty covering manufacturing defects under normal use.

Exclusions: The warranty does not cover physical damage, improper usage, electrical surges, safety bypasses, or relocation damage. Consumables (such as UV-C emitters/bulbs) have a defined operational lifespan (e.g., stated operational hours) and are excluded from the general hardware warranty once their stated hour-limit is reached.

Remedies: In case of valid defects, ViKavach reserves the right to repair, replace, or provide an equivalent unit at its discretion.

05. Performance, Sterilization Claims & Product Liability

Performance indicators, including microbial reduction rates (e.g., 99.99%), are based on controlled test environments and proper device usage. Actual results vary based on room geometry, shadowing, bio-loads, and operator compliance.

Strict Liability Limitation: ViKavach accepts no liability for hospital-acquired infections (HAIs), patient outcomes, or contamination events. ViKavach’s liability is strictly limited to proven manufacturing defects or willful misconduct by the Company.

06. Digital Twin Dashboard & SaaS Subscription

The Digital Twin platform is a licensed Software-as-a-Service (SaaS). Customers are granted a non-exclusive, non-transferable, revocable license to access the dashboard.

Service Availability: Access requires an active, paid subscription. ViKavach reserves the right to suspend access for payment defaults. While we strive for high uptime, the platform may experience downtime for maintenance or cloud provider outages, for which ViKavach assumes no liability.

Security: Users must maintain login confidentiality and restrict access to authorized personnel only.

07. AI & Automation Disclaimer

ViKavach AI features provide hygiene recommendations, energy optimization, and compliance projections. These are strictly advisory. AI does not replace human decision-making and does not autonomously initiate sterilization cycles. All scheduled or automated actions require human configuration and operational approval.

08. Compliance & Reporting

Compliance scores, dashboards, and analytics generated by ViKavach are internal operational indicators. They do not constitute official regulatory certifications (e.g., NABH, ISO, JCI) or legal compliance approvals. The Customer remains solely responsible for their own regulatory compliance.

09. Data Protection & Privacy Compliance (DPDP Act, 2023)

ViKavach complies with the Digital Personal Data Protection (DPDP) Act, 2023. We collect system logs, operator activity, and device usage data for operational monitoring, troubleshooting, and audit purposes.

  • All data is stored with industry-standard security safeguards.
  • The Customer is responsible for ensuring they have the right to provide any employee data (e.g., Operator IDs) entered into the system.

For comprehensive details on data retention, processing, and modification of policies, please refer to our separate Privacy Policy document.

10. Intellectual Property & Confidentiality

All technology, hardware designs, software algorithms, AI models, dashboard logic, and pricing terms remain the exclusive Intellectual Property and Confidential Information of ViKavach. The Customer agrees not to reverse engineer, copy, reproduce, or disclose this proprietary information or business data to any competitors or unauthorized third parties.

11. Refund Policy & B2B Separation

As this is a B2B enterprise product, all sales are final. Refunds or contract cancellations are only applicable if the product fundamentally fails to operate post-installation and ViKavach cannot resolve or replace the unit within thirty (30) business days of formal written notice.

12. Limitation of Liability

To the maximum extent permitted by law, ViKavach’s total aggregate liability arising out of or related to this agreement shall not exceed 75% of the purchase price of the specific affected hardware unit. Under no circumstances shall ViKavach be liable for indirect, incidental, or consequential losses, hospital downtime, loss of revenue, reputation damage, or third-party claims.

13. Force Majeure

ViKavach shall not be liable for any delay or failure to perform its obligations under these Terms if such delay is caused by events beyond its reasonable control. This includes, but is not limited to, Acts of God, natural disasters, pandemics, government lockdowns or restrictions, supply chain disruptions, internet or cloud outages, and power failures.

14. Issue Resolution & Dispute Conduct

Both parties agree to act in good faith. Customers must notify ViKavach of any issues and allow a minimum of 15 business days for investigation and resolution before public escalation, except in immediate safety-critical situations. Neither party shall knowingly publish false factual statements regarding the other.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India.

Arbitration: Any dispute, controversy, or claim arising out of or relating to this agreement shall first be attempted to be resolved through mutual discussion. If unresolved within 30 days, it shall be finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

Structure: The arbitration shall be conducted by a sole arbitrator appointed by mutual consent. The seat and venue of arbitration shall be Hyderabad, Telangana. The language of arbitration shall be English.

17. Updates to Terms

ViKavach reserves the right to update these Terms at any time. Continued use of the products and services constitutes acceptance of the updated Terms.