Terms of Use for “Health Imagined”
These Product Terms of Use (“Terms”) govern your access to and use of the healthcare application “Health Imagined” developed and operated by Xiom Healthcare LLC and Xiom Health Pvt. Ltd. (collectively, “Xiom Healthcare”). By registering for, accessing, or using Health Imagined, you agree to be bound by these Terms.
Applicability
These Terms apply to all users of the Health Imagined platform, including healthcare professionals, patients, and partners accessing the application through the web, desktop, or mobile interface.
Nature of the Product
Health Imagined is a clinical decision-support tool intended to assist licensed healthcare professionals by providing relevant insights, trends, and data to help inform their medical decision-making.
Health Imagined does not replace or supersede the professional judgment or clinical decisions of healthcare practitioners.
Xiom Healthcare disclaims any responsibility for medical decisions made by healthcare practitioners using the platform. The responsibility for diagnosis, treatment, and patient care rests solely with the practitioner.
Patient Consent and Data Sharing
By using Health Imagined:
Patients explicitly agree to share their medical history and health data with Xiom Healthcare for the purposes of supporting healthcare services, analytics, and improving patient outcomes unless the patient chooses “NO” at the time of registration.
Patients have the option to withhold data sharing by selecting “NO” during account creation or registration.
Healthcare Practitioner Prescription Responsibility
Healthcare professionals agree to provide prescription data of patients through such manual and/or automated means as may be applicable and mutually agreed upon with Xiom Healthcare.
This obligation is a condition for continued access to Health Imagined. Failure to comply with this requirement may result in immediate suspension or termination of the healthcare professional’s account, at the sole discretion of Xiom Healthcare.
Third-Party Products and Partner Integrations
Health Imagined may integrate or interact with third-party services and partner products:
Xiom Healthcare is not liable or responsible for the accuracy, legality, safety, or reliability of any third-party or partner-provided products, data, services, or content integrated with or accessible via Health Imagined.
Users agree to use such third-party services at their own risk and in accordance with the respective terms of such services.
License to Use
Xiom Healthcare grants you a limited, non-transferable, non-exclusive, revocable license to use Health Imagined for its intended purposes in accordance with these Terms. All intellectual property rights in the product remain the sole property of Xiom Healthcare or its licensors.
Prohibited Uses
Users agree not to:
Misuse the application in a way that violates applicable law or these Terms;
Use the product for commercial resale without authorization;
Attempt unauthorized access to any part of the platform or its systems.
Data Privacy and Security
Xiom Healthcare adheres to industry-standard data protection practices and applicable laws related to medical data and personal information. The use and storage of user data are governed by Xiom Healthcare’s Privacy Policy.
Data Retention and Deletion
Xiom Healthcare shall retain user and patient data only for as long as necessary to fulfill the purposes outlined in these Terms or as required by applicable law. Users may request deletion of their account and associated data by contacting Xiom Healthcare support. Xiom Healthcare will comply with such requests in accordance with legal obligations.
Explicit Consent Under Applicable Law
By using Health Imagined, users explicitly consent to the collection, processing, and storage of their personal and health-related data in accordance with applicable data protection laws, including the Information Technology Act, 2000 (India), and the Digital Personal Data Protection Act, 2023, where applicable. Users have the right to access, correct, or request deletion of their data, subject to legal and regulatory requirements.
Logging and Audit Trail
Xiom Healthcare may maintain logs of user activity, including login timestamps, data submissions, and platform interactions, for purposes of compliance, security, and internal quality review. These logs shall be managed and stored per applicable laws and Xiom Healthcare’s internal policies.
Security Incident Reporting
Users are encouraged to report any technical issues, data breaches, or suspected misuse by contacting Xiom Healthcare. Xiom Healthcare shall investigate such incidents and, if legally required, notify affected users or appropriate regulatory authorities in a timely manner.
Service Availability and Uptime
Xiom Healthcare strives to maintain service uptime for Health Imagined but does not guarantee uninterrupted availability. The platform may be temporarily inaccessible due to scheduled maintenance, upgrades, or unforeseen technical issues. Xiom Healthcare disclaims liability for any temporary unavailability or resulting data delays.
Limitation of Liability
To the fullest extent permitted by applicable law:
Xiom Healthcare disclaims all warranties related to Health Imagined, including but not limited to fitness for a particular purpose, reliability, or uninterrupted availability.
Xiom Healthcare shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use Health Imagined, including but not limited to loss of data, medical errors, or third-party claims.
Account Suspension and Termination
Xiom Healthcare reserves the right to suspend or terminate access to Health Imagined at its sole discretion, without notice, for violation of these Terms or misuse of the product. Users may appeal such suspensions or terminations by submitting a written explanation within fifteen (15) business days. Xiom Healthcare will review appeals in good faith and respond with a decision.
Dispute Resolution and Arbitration
The Parties agree that any dispute, controversy, or claim arising out of or relating to these Terms, the use of the Health Imagined platform, or the breach, termination, or validity thereof, shall be resolved as follows:
1. Amicable Resolution – The Parties shall first attempt in good faith to resolve the dispute through mutual discussions and negotiations. If no resolution is reached within thirty (30) calendar days from the date one Party notifies the other in writing of the dispute, the matter shall proceed to binding arbitration as set forth below.
2. Arbitration –
a. For Users in Asia – The dispute shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat and venue of arbitration shall be Delhi NCR, India. The arbitration shall be conducted by a sole arbitrator appointed jointly by the Parties, and in the absence of agreement, appointed in accordance with the said Act. The language of the arbitration shall be English.
b. For Users in All Other Regions – The dispute shall be referred to and finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The seat and venue of arbitration shall be in the State of New Jersey, USA. The arbitration shall be conducted by a sole arbitrator appointed in accordance with AAA rules. The language of the arbitration shall be English.
3. Final and Binding Award – The arbitral award shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction solely for the purposes of recognition or enforcement of the award.
4. Exclusion of Court Proceedings – Except for enforcement of an arbitral award or as required under applicable arbitration law, the Parties agree that no dispute shall be brought before any court or judicial authority.
Dispute Resolution and Arbitration
By using Health Imagined, you acknowledge that you have read, understood, and agree to these Product Terms of Use.
Website Terms and Conditions
Terms and Conditions
Agreement Between User and
Welcome to . The website or (the “Sites”) are operated by Xiom Healthcare LLC (“Xiom Healthcare”). Your use of the Sites constitutes your agreement to all terms, conditions, and notices (“Terms”). Please read these Terms carefully.
Website Purpose
These Sites are e-commerce platforms used to:
Provide information about Xiom Healthcare and its partners.
Offer monthly and yearly subscriptions for healthcare software.
Facilitate user registration and payments.
Enable communication and transactions with medical practitioners.
Privacy
Your use of the Sites is subject to Xiom Healthcare’s Privacy Policy. Please review it for details on how we collect and use data.
Electronic Communications
Using the Sites or communicating with us electronically constitutes consent to receive communications electronically, including legal notices and disclosures.
Account Responsibility
You are responsible for maintaining the confidentiality of your account and password. You may not transfer your account and must accept liability for all activities under your account.
Use Restrictions
You agree not to:
Use the Site for any unlawful purpose or in violation of any local, state, national, or international law.
Attempt to gain unauthorized access to any part of the Site.
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site.
Children Under Legal Age
Users under the age of 18, or the legal age in their country, may only use the Sites with permission from a parent or guardian.
Cancellation/Refund Policy (For Doctors)
Monthly subscriptions may be cancelled at any time, effective the 1st of the next month.
No refunds are provided.
Cancellation is finalized only after the return of Xiom Healthcare property and issuance of an NOC.
Practitioner Registration & Verification
Eligibility and Licensure: By registering, you confirm you are a licensed practitioner in your jurisdiction and provide accurate information.
Verification: Xiom may verify your credentials and identity. Access can be denied or revoked if information is inaccurate or unverifiable.
Compliance with Laws: You must comply with all applicable laws related to healthcare, including telemedicine regulations and patient data handling. Xiom is not liable for your non-compliance.
Liability Disclaimer: Xiom does not provide medical services. Any healthcare services or consultations offered via the platform are the sole responsibility of the practitioner.
Suspension and Termination: We may suspend or terminate access for any violation of law, ethical standards, or platform policies.
Legal Accountability: By registering as a practitioner, you agree that any legal proceedings or disputes arising out of your use of the platform will fall under the jurisdiction of courts located either in New Jersey, USA, or Delhi, India. For legal issues arising in the Asian region, arbitration or proceedings may be resolved in Delhi, India, subject to applicable laws.
Third-Party Links and Services
Our Sites may link to other websites. Xiom is not responsible for the content or practices of linked sites. Third-party service providers may receive data as necessary to provide features.
Intellectual Property
You receive a non-exclusive license to use the Sites in accordance with these Terms. All content is the property of Xiom or its suppliers and is protected by copyright and other laws. You may not exploit or modify any content without written permission.
International Use
You are responsible for compliance with local laws when using the Site outside the USA.
Indemnification
You agree to indemnify Xiom Healthcare from any loss or liability related to your use of the Site, services, or breach of these Terms.
Arbitration
Disputes will be resolved by binding arbitration under the Federal Arbitration Act, with the American Arbitration Association. Arbitration must be individual; no class actions are permitted. For legal matters arising in Asia, arbitration may be conducted in Delhi, India, in accordance with applicable Indian arbitration laws.
Class Action Waiver
You agree to resolve disputes only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.
Liability Disclaimer
All content and services on the Sites are provided “as is” without warranty. Xiom disclaims liability for any errors, interruptions, or damages arising from use of the Sites.
Termination/Access Restriction
We may terminate access at our discretion for any misconduct. Jurisdiction for users in the USA is New Jersey; for users in India, it is Delhi.
Entire Agreement
These Terms constitute the full agreement between the user and Xiom regarding the Sites, products, and any associated services. A printed version of this agreement is admissible in court.
Changes to Terms
We reserve the right to update these Terms at any time. The most current version will supersede all prior versions.
Contact Us
Xiom Healthcare LLC
55 Springfield Rd
North Brunswick, New Jersey 08902
Email: support@xiomhealthcare.com
Effective as of August, 2025
**No Indirect Liability:** To the maximum extent permitted by applicable law, Xiom Healthcare shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including without limitation loss of profits, business interruption, loss of data, or loss of goodwill, even if advised of the possibility of such damages. This limitation applies regardless of the cause of action and applies to all uses of Xiom Healthcare’s platforms, services, and integrations.
**Third-Party Products and Services Disclaimer:** Users acknowledge and agree that all third-party integrations, data, or services accessed through Health Imagined or any Xiom Healthcare platform are used at their sole risk. Xiom Healthcare assumes no responsibility and shall not be liable for any acts, omissions, errors, breaches, or failures of any third-party provider. Users agree to indemnify and hold harmless Xiom Healthcare against any claims or damages arising from the use of such third-party products or services.
**User Compliance with Local Laws:** Users are solely responsible for ensuring that their use of Xiom Healthcare’s platforms, including data collection, storage, and sharing, complies with all laws and regulations applicable in their jurisdiction. Xiom Healthcare disclaims all responsibility for any non-compliance by the user with local, national, or international regulations.
**Termination at Sole Discretion:** Xiom Healthcare may suspend or terminate any account or access to its services at its sole discretion, without liability, and without prior notice, for any reason including but not limited to breach of these terms, violation of laws, or protection of its business interests. Such termination shall not entitle the user to any compensation or damages.
**Limited Court Involvement for Arbitration Awards:** Court proceedings shall be limited solely to the recognition or enforcement of arbitration awards as required by applicable law, and shall not permit any reopening, review, or re-litigation of the dispute.
**Finality of Charges and Chargebacks:** All charges are final and non-refundable unless explicitly stated otherwise in writing by Xiom Healthcare. Users shall be responsible for any fees, costs, or penalties arising from payment disputes, chargebacks, or reversals initiated by the user.
**Clinical Responsibility Disclaimer:** Health Imagined is a clinical decision-support tool intended solely to assist qualified healthcare professionals. It does not replace professional judgment, diagnosis, or treatment decisions. All medical decisions remain the exclusive responsibility of the healthcare provider. Xiom Healthcare assumes no medical liability whatsoever for patient outcomes or treatment decisions influenced by the use of the platform.
**No Reverse Engineering & No Competing Use:** Users shall not copy, modify, reverse engineer, decompile, disassemble, translate, create derivative works from, or otherwise attempt to discover the source code, algorithms, or underlying structure of Health Imagined or any related platform. Users shall not use any Xiom Healthcare platform, content, or data to develop or offer a competing product or service.
**Force Majeure:** Xiom Healthcare shall not be held liable or deemed to be in default for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, civil unrest, government actions, labor disputes, pandemics, power outages, internet or telecommunications failures, or failures of third-party hosting services.
**Entire Agreement:** These Terms constitute the entire agreement between the user and Xiom Healthcare with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written.
**Severability:** If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
**Survival:** All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property rights, confidentiality obligations, indemnification, warranty disclaimers, and limitations of liability.
**Language & Governing Law Priority:** These Terms are drafted in the English language, which shall prevail over any translation in the event of any inconsistency or dispute over interpretation. The governing law provisions set forth herein shall apply to any dispute arising under or related to these Terms.