Terms and Conditions

1. Introduction and Acceptance of Terms

By using the Platform you accept these Terms in full. They apply to every visitor, registered user, and customer of EverQ. Please read them carefully before using any Service.

2. Definitions

• "Account" means a registered EverQ user profile created by a User on the Platform.
• "AI Analysis" means the automated analysis of facial images and related information using artificial intelligence and computer vision technologies to generate skin-health observations and skincare recommendations.
• "Applicable Law" means all laws, rules, regulations, guidelines, and governmental requirements in force in India, including the Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023 and rules thereunder; the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945; the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020; and the Telemedicine Practice Guidelines, 2020.
• "Healthcare Professional" or "HCP" means a Registered Medical Practitioner (RMP), dermatologist, or other qualified and duly licensed healthcare provider engaged, empanelled, or facilitated through the Platform.
• "Health Information" means information relating to an individual's physical or mental health, medical history, consultation records, symptoms, prescriptions, treatment plans, laboratory reports, or other health-related information processed through the Platform.
• "Prescription Drugs" means drugs and medicines that may be dispensed only against a valid prescription issued by a Registered Medical Practitioner under Applicable Law.
• "Services" means collectively, the AI Analysis, teleconsultation, electronic prescription, online pharmacy, product ordering, customer support, and other services made available through the Platform from time to time.

3. Eligibility

Use of the Platform is available only to persons who are (a) at least eighteen (18) years of age, and (b) competent to contract under the Indian Contract Act, 1872. Minors may use the Services only through, and under the supervision of, a parent or legal guardian who accepts these Terms on the minor's behalf and provides verifiable consent as required under Applicable Law, including the Digital Personal Data Protection Act, 2023.

By using the Platform, you represent and warrant that you satisfy the eligibility requirements and that all registration and profile information you provide is true, accurate, current, and complete.

4. Account Registration and Security

• You may be required to create an Account to access certain Services, providing your name, mobile number, email address, and other requested information.
• You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your Account.
• You must promptly notify EverQ of any unauthorized use of your Account or any other breach of security.
• EverQ reserves the right to suspend or terminate Accounts containing false, incomplete, or misleading information, or Accounts used in violation of these Terms.
• One-Time Passwords (OTPs) and verification codes are confidential and must not be shared with any person, including individuals claiming to represent EverQ.

5. Nature and Scope of Services

EverQ operates as a technology platform that facilitates access to skincare and dermatology-related services. Depending on the Service concerned, EverQ acts as: (a) a provider of AI-assisted skin analysis technology; (b) a facilitator/intermediary connecting Users with independent Healthcare Professionals for teleconsultations; and (c) a marketplace or seller (as identified at the point of sale) for skincare and healthcare products, with prescription medicines (if offered) dispensed only by duly licensed pharmacy partners against valid prescriptions.

EverQ does not itself practice medicine. Healthcare Professionals accessible through the Platform are independent practitioners solely responsible for the medical advice, diagnoses, treatment plans, and prescriptions they provide. EverQ makes reasonable efforts to verify the registration credentials of empanelled Healthcare Professionals but does not guarantee the outcome of any consultation or treatment.

6. AI-Assisted Skin Analysis - Important Disclaimer

• The AI Analysis is a wellness and decision-support tool intended to provide general skin-health observations and skincare guidance. It is NOT a medical device diagnosis, and its outputs do NOT constitute medical advice, diagnosis, or treatment.
• AI-generated outputs may be inaccurate, incomplete, or unsuitable for your specific condition. They must not be relied upon as a substitute for consultation with a qualified Healthcare Professional.
• Image quality, lighting, camera hardware, and the information you provide materially affect the reliability of AI outputs.
• Healthcare Professionals reviewing AI outputs retain full and independent clinical judgment; the AI system does not make autonomous medical decisions.
• You must consult a Registered Medical Practitioner before acting on any AI-generated insight, and immediately seek in-person medical care for any serious, worsening, or emergency condition.

7. Teleconsultation Services

Teleconsultations facilitated through the Platform are intended to be conducted in accordance with the Telemedicine Practice Guidelines, 2020 (issued under the Indian Medical Council Act / National Medical Commission framework) and applicable professional standards. You acknowledge and agree that:

• Teleconsultation has inherent limitations compared with in-person examination, and the Healthcare Professional may, at their discretion, decline to provide advice remotely and advise an in-person visit.
• You must provide accurate and complete information about your identity, age, medical history, symptoms, allergies, and current medications.
• The Healthcare Professional will exercise independent judgment on whether teleconsultation is appropriate and which medicines (if any) may be prescribed remotely, subject to the prohibited/restricted drug lists under the Telemedicine Practice Guidelines, 2020.
• Consultations may be documented, and consultation records maintained, as required by Applicable Law and professional norms.
• The Platform is NOT intended for medical emergencies. In an emergency, immediately contact local emergency services or proceed to the nearest hospital.

8. Electronic Prescriptions

• Electronic prescriptions may be issued only by the consulting Registered Medical Practitioner following a valid consultation, in the format and manner required by Applicable Law.
• Prescriptions are patient-specific and non-transferable, and must not be altered, reused beyond their validity, or shared for any unlawful purpose.
• Prescription Drugs will be dispensed only against a valid prescription by licensed pharmacy partners. EverQ reserves the right to verify prescriptions and to refuse or cancel any order that appears invalid, forged, expired, or inconsistent with Applicable Law.
• Schedule X drugs, narcotic and psychotropic substances, and other prohibited categories will not be prescribed or dispensed through the Platform.

9. Product Recommendations and Prescriptions by Healthcare Professionals

You acknowledge and agree that, in the course of a consultation, a Healthcare Professional may, in the exercise of their independent clinical judgment:

• EverQ Products: recommend or prescribe skincare, dermatological, or wellness products from the EverQ product range where the Healthcare Professional considers them clinically appropriate for your condition. For transparency, you are informed that such products are marketed and/or sold by EverQ or its affiliates, and EverQ may earn revenue from their sale.
• Third-Party Products: recommend or prescribe products, medicines, or formulations that are not manufactured, marketed, or sold by EverQ. EverQ does not stock, endorse, warrant, or assume responsibility for the quality, safety, efficacy, availability, or pricing of such third-party products, and you may purchase them from any pharmacy or retailer of your choice.

Healthcare Professionals on the Platform are not required, directed, or incentivized by EverQ to recommend or prescribe EverQ products, and all recommendations and prescriptions are made solely in the exercise of the Healthcare Professional's independent clinical judgment, in accordance with applicable professional ethics and conduct regulations. Any prescription issued through the Platform is portable: you are under no obligation to purchase recommended or prescribed products through EverQ and are free to obtain them from any licensed source. Where a recommended EverQ product is displayed or offered for purchase following a consultation, this does not constitute medical advice by EverQ, and product listings remain subject to Section 10 below.

10. Product Orders, Pricing, Delivery, Cancellations and Returns

• Orders: All orders are offers by you to purchase products, subject to acceptance and availability. EverQ may refuse or cancel orders for reasons including stock unavailability, pricing errors, suspected fraud, or regulatory restrictions.
• Pricing: Prices, taxes, and delivery charges are displayed at checkout. While we strive for accuracy, in case of a manifest pricing error EverQ may cancel the order and refund amounts paid.
• Delivery: Estimated delivery timelines are indicative. Risk in products passes on delivery. Certain products (including Prescription Drugs, where offered) may require identity or prescription verification at delivery.
• Cancellation: Orders may be cancelled before dispatch through the Platform, subject to the cancellation policy displayed at the time of purchase.
• Returns & Refunds: Given the nature of skincare and healthcare products, returns are accepted only for damaged, defective, expired, or incorrectly delivered products, reported within the window specified in the returns policy on the Platform, and subject to verification. Medicines and personal care items once opened or used are non-returnable except as required by Applicable Law. Approved refunds will be processed to the original payment method within a reasonable time.

11. Payments

• Payments are processed through authorized third-party payment gateways. EverQ does not store complete card information.
• You represent that you are duly authorized to use the payment instrument provided, and you agree to pay all charges, taxes, and fees applicable to your transactions.
• EverQ is not responsible for payment failures, declines, or delays attributable to payment providers, banks, or network issues, but will provide reasonable assistance in resolving such issues.

12. User Obligations and Prohibited Conduct

You agree that you shall not, directly or indirectly:

• Provide false, misleading, or fraudulent information, including impersonating any person or misrepresenting your medical history;
• Upload facial images or documents of any other person without lawful authority and their consent;
• Use the Platform to obtain medicines through invalid, forged, or duplicated prescriptions, or to abuse, resell, or divert medicines;
• Host, display, upload, modify, publish, transmit, or share any information that is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, harmful to children, misleading, or otherwise objectionable under Rule 3(1)(b) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Platform, other Accounts, or connected systems;
• Scrape, data-mine, reverse engineer, decompile, or create derivative works from the Platform or its AI systems, except as permitted by law;
• Use the Platform for any commercial purpose, competitive analysis, or benchmarking without EverQ's prior written consent; or
• Violate any Applicable Law in connection with your use of the Platform.

13. Medical Disclaimer and Emergency Notice

The content on the Platform, including AI outputs, articles, product descriptions, and general skincare guidance, is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Reliance on any such content is solely at your own risk. Never disregard or delay seeking professional medical advice because of something you have read or received on the Platform. THE PLATFORM IS NOT DESIGNED FOR AND MUST NOT BE USED IN MEDICAL EMERGENCIES.

14. Intellectual Property

All intellectual property in and to the Platform - including the EverQ name, logos, trademarks, software, AI models, algorithms, designs, text, graphics, images, and compilations - is owned by or licensed to HEALTH Q LIFESCIENCES PRIVATE LIMITED. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. No other rights are granted. Content you upload remains yours; however, you grant EverQ a limited licence to process such content solely to provide the Services and as described in the Privacy Policy.

15. Third-Party Links and Services

The Platform may contain links to third-party websites, applications, or services. EverQ does not control and is not responsible for the content, policies, or practices of such third parties. Your use of third-party services is at your own risk and subject to their respective terms and privacy policies.

16. Disclaimer of Warranties

The Platform and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by Applicable Law, EverQ disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. EverQ does not warrant the outcome of any AI Analysis, consultation, treatment, or product use.

17. Limitation of Liability

To the maximum extent permitted by Applicable Law: (a) EverQ shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, data, goodwill, or business opportunity, arising from or relating to the Platform or Services; (b) EverQ shall not be liable for the acts, omissions, advice, diagnoses, prescriptions, or treatment of independent Healthcare Professionals, or for products manufactured by third parties; and (c) EverQ's aggregate liability for all claims arising out of or relating to the Platform or these Terms shall not exceed the amounts actually paid by you to EverQ for the specific Service or order giving rise to the claim during the six (6) months preceding the claim, or INR 5,000 (Indian Rupees Five Thousand), whichever is higher. Nothing in these Terms limits liability that cannot be limited under Applicable Law, including under the Consumer Protection Act, 2019.

18. Indemnification

You agree to indemnify, defend, and hold harmless EverQ, its directors, officers, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or any Platform Policy; (b) your violation of Applicable Law or the rights of any third party; (c) any content or information you submit to the Platform; or (d) your misuse of the Services, including misuse of prescriptions or medicines.

19. Suspension and Termination

EverQ may, with or without notice, suspend or terminate your Account or access to the Platform if: (a) you breach these Terms or any Platform Policy; (b) required by Applicable Law or a governmental authority; (c) we detect fraud, abuse, or security risks; or (d) we discontinue the Platform or any Service. You may close your Account at any time through the Platform or by contacting customer support. Provisions which by their nature should survive termination (including Sections 13-18, 20, and 22) shall so survive. Data retention and deletion following termination are governed by the Privacy Policy and Applicable Law.

20. Grievance Redressal Mechanism

In accordance with the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection Act, 2023, EverQ has designated a Grievance Officer. Complaints regarding these Terms, Platform content, orders, or data protection may be addressed to:

• Grievance Officer: Bhisham Bhateja
• Email: grievance@everq.in
• Address: 8th floor, SPLENDOR SPECTRUM ONE, 806, Golf Course Ext Rd, Sector 58, Gurugram, Haryana 122098
• Acknowledgement: within forty-eight (48) hours of receipt; Resolution: within the timelines prescribed under Applicable Law (generally fifteen (15) days for intermediary grievances and one (1) month for consumer grievances).

21. Force Majeure

EverQ shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, epidemics, pandemics, natural disasters, war, civil unrest, strikes, governmental actions, regulatory changes, internet or telecommunications failures, or power outages.

22. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Subject to any mandatory consumer protection rights under Applicable Law, all disputes arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the competent courts having jurisdiction over the registered office of HEALTH Q LIFESCIENCES PRIVATE LIMITED. The parties may, by mutual agreement, refer disputes to arbitration under the Arbitration and Conciliation Act, 1996, seated at Gurgaon conducted in English by a sole arbitrator.

23. General Provisions

• Amendments: EverQ may modify these Terms at any time by publishing the revised version on the Platform with an updated "Last Updated" date. Continued use after changes constitutes acceptance. Material changes will be notified where required by law.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No failure or delay in exercising any right shall operate as a waiver of that right.
• Assignment: You may not assign your rights or obligations under these Terms. EverQ may assign these Terms in connection with a merger, acquisition, or transfer of business, subject to Applicable Law.
• Entire Agreement: These Terms, together with the Platform Policies, constitute the entire agreement between you and EverQ regarding the Platform.
• Communications: You consent to receive service-related communications from EverQ by SMS, email, WhatsApp, in-app notification, or telephone. Promotional communications will be sent only as permitted by law and may be opted out of at any time.