Welcome to Resculance India ("Company", "we", "us", or "our"). These Master Terms of Service ("Terms") strictly govern your access to and use of our website located at resculance.in, our mobile applications, our proprietary hardware (including IoT gateways, 5G routers, and cameras), and our cloud-based telemedicine and fleet management platforms (collectively, the "Service" or "Ecosystem").
By accessing, browsing, or utilizing the Service in any capacity, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms, alongside our Privacy Policy. If you are entering into these Terms on behalf of a hospital, government agency, fleet operator, or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with any provision of these Terms, you are expressly prohibited from using our Service.
1. Definitions and Interpretation
- "Hardware" refers to the physical devices, including but not limited to 5G routers, Edge AI processing units, PTZ cameras, multipara monitors, and IoT sensors installed within the ambulance chassis by Resculance.
- "Software" refers to the cloud-based Command Dashboard, TRP® Technology modules, e-PCR systems, and mobile applications provided by us.
- "Client" refers to the hospital, medical institution, or fleet operator that has procured our Hardware and Software for operational use.
- "Telemetry Data" refers to non-medical operational data generated by the Hardware, including GPS coordinates, vehicle speed, and network signal strength.
2. Account Registration and Security
2.1 Account Creation
To access specific functionalities of the Service, including the submission of Quote Requests, fleet tracking, and support ticketing, you must register for a user account. You agree to provide accurate, current, and complete information during the registration process and to continually update such information to maintain its accuracy.
2.2 Credential Confidentiality
You are solely responsible for safeguarding the confidentiality of your login credentials (passwords, OTPs, and API tokens). You agree not to disclose your password to any unauthorized third party. Resculance India shall not be liable for any loss or damage arising from your failure to protect your account information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Hardware, Software, and 5G Connectivity Services
3.1 Software License Grant
Subject to your compliance with these Terms and the payment of applicable subscription fees, Resculance grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Software strictly for your internal emergency response and hospital operations.
3.2 Connectivity and Network Limitations
Our Hardware utilizes dual-SIM 4G/5G cellular networks to transmit life-saving telemetry and video data. While our systems employ advanced bonded routing and failover protocols, cellular connectivity is inherently subject to external factors including geographic topography, weather conditions, and telecom carrier outages. Resculance does not guarantee 100% uninterrupted network connectivity. You acknowledge that temporary signal loss may occur in remote or heavily shielded areas.
3.3 Hardware Modifications
Clients are strictly prohibited from reverse-engineering, dismantling, tampering with, or attempting to bypass the encryption of the Hardware installed by Resculance. Any unauthorized modification to the electrical or networking configuration of the Hardware will immediately void all warranties and terminate your Software license.
4. Quote Requests and Purchasing
The Service allows users to submit detailed requests for fleet upgrades, retrofitting, and customized fabrication ("Quote Request"). By submitting a Quote Request, you consent to our engineering and sales teams analyzing your requirements to formulate a proposal.
A Quote Request, or the issuance of a digital quote by Resculance, does not constitute a legally binding contract or an obligation to purchase. All quotes are estimates based on provided specifications and are subject to hardware availability, supply chain fluctuations, and final physical vehicle inspections. Binding agreements are only formed upon the execution of a formal Master Service Agreement (MSA) and Purchase Order.
5. Acceptable Use Policy (AUP)
You agree not to use the Service in any manner that violates applicable local, state, national, or international laws, including HIPAA, DISHA, or the DPDP Act. Specifically, you agree NOT to:
- Transmit, store, or process any illicit, defamatory, or malicious content through our network infrastructure.
- Attempt to breach, probe, or test the vulnerability of the Resculance cloud infrastructure or circumvent any security or authentication measures.
- Utilize automated scripts, spiders, crawlers, or bots to scrape data, pricing, or proprietary content from the Service.
- Resell, sub-license, time-share, or otherwise commercially exploit the Software without explicit written authorization from Resculance India.
6. Intellectual Property Rights
The Service, encompassing its original content, underlying codebase, proprietary algorithms, AI triage logic, TRP® frameworks, UI/UX designs, trademarks, and logos, are the exclusive intellectual property of Resculance India and its licensors. These Terms do not convey any right, title, or interest in or to the Service, except for the limited usage rights expressly granted herein. Any unauthorized reproduction or distribution of our intellectual property will result in immediate legal action.
7. Service Level and Uptime
Resculance endeavors to provide a 99.99% uptime for our cloud-based Command Dashboard and data routing servers. However, the Service may be temporarily unavailable for scheduled maintenance, emergency security patching, or factors beyond our reasonable control (Force Majeure events). We will make commercially reasonable efforts to notify active Clients of scheduled downtime in advance.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESCULANCE INDIA, ITS FOUNDERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR PERSONAL INJURY/DEATH ARISING OUT OF:
- Your access to, use of, or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any unauthorized access, use, or alteration of your transmissions or patient data;
- Hardware failure, cellular network dropouts, or power management faults during critical emergency transit.
In no event shall Resculance India's aggregate liability for all claims relating to the Service exceed the total amount paid by you to Resculance India during the twelve (12) months immediately preceding the event giving rise to the liability.
9. Indemnification
You agree to defend, indemnify, and hold harmless Resculance India and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, b) a breach of these Terms, or c) any medical malpractice or negligence claims arising from your clinical staff's use of the Service.
10. Governing Law and Jurisdiction
These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of law provisions. You irrevocably consent that any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the competent courts located in Noida, Gautam Buddha Nagar, Uttar Pradesh, India.
11. Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12. Modifications to Terms
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time to reflect changes in technology, law, or our business operations. If a revision is material, we will provide at least 30 days' written notice to active account holders prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be legally bound by the revised terms.
13. Contact Information
For any legal inquiries, questions regarding these Terms, or to report a violation of our Acceptable Use Policy, please contact our legal department:
- Email: resculanceindia@gmail.com
- Phone: +917303052600
- Mailing Address: Legal Department, Resculance India, Noida, Uttar Pradesh, India.