Practo API Program – Terms and Conditions

These Practo Program Terms and Conditions (these “Terms”) constitute a legally binding agreement between Practo Technologies Private Limited (“Practo”, “we”, “us”, or “our”) and the entity executing an Agreement that incorporates these Terms by reference (the “Partner”, “you”, or “your”). These Terms govern your access to and use of Practo’s API and related Services. 

By executing the Agreement that references these Terms, you signify your unconditional acceptance of and agree to be bound by these Terms. 

  1. DEFINITIONS 

In these Terms, unless the context otherwise requires, the following capitalized terms shall have the meanings ascribed to them below: 

  • “Agreement” means the Practo API Services Agreement or any similar agreement executed between Practo and the Partner that incorporates these Terms. 
  • “API” means Practo’s proprietary Application Programming Interface, including all related documentation, code, tools, software, and access credentials provided by Practo to the Partner. 
  • “Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, order, or decree, including but not limited to the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and the Telemedicine Practice Guidelines, 2020, as amended from time to time. 
  • “Confidential Information” means all non-public information disclosed by one Party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. It includes, without limitation, the terms of the Agreement, business and marketing plans, technology and technical information, product plans and designs, and business processes. 
  • “Customer” means an end-user of the Partner’s Platform who avails the Services. 
  • “Intellectual Property Rights” means any and all rights, title, and interest in and to any and all patents, copyrights, trademarks, trade names, service marks, trade secrets, designs, and other proprietary rights, whether registered or unregistered, and all applications for the same, anywhere in the world. 
  • “Practo Content” means all data and content made available by Practo to the Partner via the API, including but not limited to healthcare provider profiles, clinic information, availability, consultation fees, and user-generated reviews. 
  • “Practo Marks” means the trademarks, service marks, trade names, and logos of Practo, including the “Powered by Practo” mark.
  • “Services” means the provision of access to Practo’s OPD network for the purpose of searching, booking, and managing physical OPD appointments via the API, as further detailed in the Agreement and its Annexures. 
  • “Healthcare Provider” means and includes any individual medical practitioner (including but not limited to a doctor, physician, or specialist in any field of medicine) or a medical establishment (including but not limited to a hospital, clinic, diagnostic center, nursing home, or polyclinic) that is listed on Practo’s Platform and made available to the Partner through the Services under this Agreement. 
  • “Wallet” means the pre-funded account established by the Partner with Practo, holding an advance, replenishable balance as detailed in Annexure B, used for the settlement of Processing Fees and other charges payable under the Agreement. 
  1. API LICENSE AND USAGE 

2.1 License Grant: Subject to your compliance with these Terms and the Agreement, Practo grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license during the Term to access and use the API solely to integrate the Services into your platform (“Partner’s Platform”) for use by your Customers. 

2.2 Usage Restrictions: You shall not, and shall not permit any third party to: a) Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the API or Practo’s Platform. 

  1. b) Copy, modify, or create derivative works of the API or Practo Content, except as strictly necessary for display on the Partner’s Platform in accordance with the Branding Guidelines. 
  2. c) Sell, sublicense, rent, lease, or otherwise transfer the API or Practo Content to any third party. 
  3. d) Use the Practo Content to build or populate any competing database or service. e) Use the API to make an unreasonable number of calls or in a manner that could damage, disable, or overburden Practo’s systems. 
  4. f) Circumvent any security measures or technical limitations of the API. g) Remove, obscure, or alter any Practo Marks or proprietary notices affixed to or contained within the API or Practo Content. 

2.3 API Keys: Practo will provide you with unique API credentials (“API Keys”). You are responsible for maintaining the security of your API Keys and for all activities that occur using them. You must immediately notify Practo of any unauthorized use. 

  1. INTELLECTUAL PROPERTY RIGHTS 

3.1 Practo’s Ownership: You acknowledge that Practo is and shall remain the sole and exclusive owner of all right, title, and interest in and to the Practo Platform, the API, Practo Content, and all associated Intellectual Property Rights. This Agreement does not grant you any rights of ownership.

3.2 User-Generated Content: Practo reserves the right to contact Customers post-consultation to collect feedback and reviews. You agree that all such data collected by Practo shall be the exclusive intellectual property of Practo. You shall ensure your terms of service with Customers grant Practo a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, and display any such feedback or review. 

3.3 Branding: You shall display the Practo Marks on the Partner’s Platform in strict compliance with the branding guidelines referenced in the Agreement (“Branding Guidelines”). Adherence to the Branding Guidelines is a material term of this Agreement. 

  1. DATA PROTECTION AND PRIVACY 

4.1 Compliance and Roles: Each Party shall comply with its respective obligations under Applicable Law, including the Digital Personal Data Protection Act, 2023. The Parties acknowledge that for the purpose of providing the Services, they may act as Joint Data Fiduciaries, with each Party being independently responsible for its compliance obligations. 

4.2 Partner’s Warranty for Consent: You represent and warrant that you will obtain valid, free, specific, and informed consent from each Customer prior to collecting and transferring their Personal Data (including any sensitive health information) to Practo for the purpose of availing the Services. You shall ensure your privacy policy is transparent about such data sharing with Practo and the healthcare providers. 

4.3 Use of Data: (a) To facilitate OPD appointments booking, the Partner will provide Ptracto with the Customer’s phone number, which will be used as a unique identifier for the transaction. (b) Practo will process Customer Personal Data only for the purposes of providing the Services, which includes facilitating bookings, communicating appointment status, processing payments, and collecting post-consultation feedback. 

4.4 Promotional Communication: Practo agree not to use the Customer data obtained through the Partner under this Agremenet for any any promotional or marketing communication. However this restriction shall not apply if the Customer is an existing user of Practo’s Platform at the time of the booking or the Customer subsequently registers as a user on Practo’s Platform or otherwise provides explicit consent directly to Practo. In such permitted cases, Practo may send promotional communications via channels such as SMS, WhatsApp, Email, and application notifications. 

4.5 Data Security: Each Party shall implement and maintain reasonable administrative, technical, and physical security safeguards to protect Personal Data from unauthorized access, use, or disclosure. 

  1. SERVICE LEVELS AND PERFORMANCE 

5.1 Availability: Practo will use commercially reasonable efforts to ensure the API is available and operational. However, you acknowledge that the Services may be subject

to temporary unavailability due to scheduled maintenance, system updates, or unforeseen technical failures. Practo disclaims all liability for unavailability caused by such events, and no service credits shall apply unless specifically agreed in a separate Service Level Agreement. 

5.2 Rate Limits: Practo may impose rate limits on API calls to ensure platform stability. You agree to adhere to such limits as communicated by Practo. 

5.3 Support: Practo will provide reasonable technical support for the API integration and ongoing service-related queries through designated channels. 

5.4 Consultation Fee Discrepancies: 

  1. a) Practo shall display consultation fees on its Platform based on the information provided by healthcare providers and will make commercially reasonable efforts to maintain rate parity. However, the Partner acknowledges that Practo does not guarantee the uniformity or accuracy of such pricing at all times. Practo’s obligation is strictly limited to processing payments for the consultation fee amount as listed on the Practo Platform at the time of booking. 
  2. b) In the event that a Customer is charged a consultation fee by a healthcare establishment that is different from the fee displayed on the Practo Platform, the following shall apply: (i) The Customer shall be responsible for settling any differential amount directly with the healthcare establishment. (ii) The Partner shall be solely responsible for addressing any reimbursement claims from the Customer for such differential amounts, which shall be governed by the Partner’s internal policies and terms of service with its Customers. 
  3. c) For the avoidance of doubt, Practo shall bear no financial or operational liability for any discrepancies between the consultation fees displayed on its Platform and the actual fees charged by the healthcare establishment. The Partner hereby agrees to indemnify and hold Practo harmless from any claims, disputes, or liabilities arising from such differential payments. 

5.5 Appointment Confirmation and Auto-Cancellation: 

  1. a) The Partner acknowledges that all OPD appointments booked through the Practo’s API are subject to confirmation by the respective Healthcare Provider. b) In instances where an immediate confirmation is not received from the Healthcare Provider, Practo will undertake commercially reasonable efforts to follow up and secure confirmation. 
  2. c) If an appointment remains unconfirmed despite Practo’s efforts, Practo reserves the right to automatically cancel the booking. Such auto-cancellation shall occur no later than two (2) hours prior to the scheduled appointment time, and the Customer will be notified of the cancellation. 
  3. d) For the avoidance of doubt, no Processing Fee or any other service charge shall be levied on the Partner for any appointment that is auto-cancelled by Practo due to a lack of confirmation from the Healthcare Provider.

5.6 Payment Authorization to enable cashless payment feature: 

  1. a) Practo shall only enable or process a cashless payment for a Customer upon receiving a specific authorization signal from the Partner via the designated API endpoint. 
  2. b) The Partner acknowledges and agrees that it is solely responsible for assessing and confirming the Customer’s eligibility for payment. This responsibility includes, but is not limited to, verifying the authenticity and compliance of any required documentation, such as medical bills and prescriptions, before sending the authorization signal to Practo. 
  3. c) Practo’s role is strictly limited to that of a technology facilitator acting upon the Partner’s payment authorization. Practo has no obligation to collect, review, or validate any documentation from the Customer or Healthcare Provider and bears no liability for payments processed based on the Partner’s authorization 

5.7 Cashless Payment failure protocol 

  1. a) In the event that a cashless payment is unsuccessful due to a suspected technical failure of the API or Practo’s payment processing system, the Partner shall immediately escalate the issue to Practo’s designated support team for resolution. 
  2. b) If the issue cannot be resolved in a timely manner, the Customer will be required to settle the consultation fee directly with the Healthcare Provider. 
  3. c) The Partner shall be solely responsible for reimbursing the Customer for any amount paid directly to the Healthcare Provider under such circumstances, in accordance with the Partner’s internal policies. For the avoidance of doubt, Practo shall have no liability to the Customer or the Partner for such payments. 
  4. DISCLAIMERS, INDEMNITY, AND LIABILITY 

6.1 Disclaimer of Warranties: EXCEPT AS EXPRESSLY STATED HEREIN, THE API AND SERVICES ARE PROVIDED “AS IS.” PRACTO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRACTO DOES NOT WARRANT THE ACCURACY OF PRACTO CONTENT (INCLUDING DOCTOR AVAILABILITY OR FEES) OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 

6.2 Disclaimer of transaction validity: (a) The Partner acknowledges that Practo’s role is limited to that of a technology facilitator providing services of doctor search, appointment booking, and cashless payment processing. Practo does not process or adjudicate claims. While Practo will use commercially reasonable efforts to ensure accuracy in its processes, it does not guarantee the prevention of all fraudulent transactions; (b) Practo shall not be held responsible or liable for any fraudulent or improper transactions, including but not limited to, instances where a Customer colludes with a Healthcare Provider to obtain a bill or prescription without a genuine OPD consultation; and (c ) For the avoidance of doubt, any appointment confirmed via

the API and not cancelled in accordance with the terms of the Agreement shall be deemed a fulfilled transaction for billing purposes, and the applicable Processing Fee shall remain payable, irrespective of any subsequent claim or discovery of fraudulent activity. 

6.3 Indemnification: You shall indemnify, defend and hold harmless Practo, its Affiliates, and their respective officers, directors, employees, and agents (“Practo Indemnitees”) from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) (“Losses”) arising out of or in connection with any third-party claim, demand, litigation, or proceeding (“Claim”) to the extent such Claim arises from or in relation to: (a) Partner’s breach of any representation, warranty, or covenant under the Agreement; (b) Partner’s failure to comply with any Applicable Laws, regulations, or governmental orders in the performance of the Agreement; (c) gross negligence or willful misconduct on the part of you or your employees in connection with this Agreement; (d) Partner’s infringement or misappropriation of any third party’s intellectual property rights, or unauthorized use or disclosure of Practo’s Content or IP; (e) any security breach, data leak, or unauthorized access to or use of the API or Practo’s Content caused by the Partner’s systems or by its failure to secure its credentials or comply with data protection obligations; or (f) any claim by a Customer or other third party arising from the Partner’s own services or actions, including but not limited to claims related to information provided (or not provided) to a Customer by the Partner, or incentives/promotions offered by the Partner, or any misuse of Customer data by Partner. 

6.4 Limitation of Liability: (a) Exclusion of Indirect Damages: NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCLUDING LOSS OF PROFITS OR REVENUE, ARISING OUT OF THE AGREEMENT; PRACTO’S TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO THE TOTAL PROCESSING FEES PAID BY YOU TO PRACTO IN THE SIX (06) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 

  1. SUSPENSION AND TERMINATION 

7.1 Suspension: Practo reserves the right to suspend your access to the API immediately, without notice, if we reasonably believe you are in breach of these Terms, particularly with respect to API usage restrictions, data security, or intellectual property. 

7.2 Termination: Either Party may terminate the Agreement as per the terms specified therein. Practo may terminate the Agreement immediately for your material breach of these Terms, including but not limited to a breach of Article 2 (API License and Usage), Article 3 (Intellectual Property), or Article 4 (Data Protection). 

7.3 Consequences of Termination: Upon termination, all licenses granted hereunder shall cease, and you shall immediately stop using the API and delete all Practo Content and

Confidential Information from your systems. Your obligation to pay any outstanding fees shall survive termination. 

  1. AUDIT AND COMPLIANCE

8.1 Audit Rights: Practo reserves the right to conduct, or have a third party conduct, an audit of your systems and records to verify compliance with these Terms, particularly with respect to data security, branding, and API usage. Such audits will be conducted with reasonable prior notice and during normal business hours. 

  1. GENERAL PROVISIONS

9.1 Modification of Terms: Practo reserves the right to modify these Terms at any time. We will provide you with at least seven (07) days’ notice of any material changes by posting the updated Terms on this page and/or by notifying you through your provided contact information. Your continued use of the Services after the effective date of such changes will constitute your acceptance of the new Terms. 

9.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. 

9.3 Force Majeure: Neither Party shall be liable for any failure to perform or delay in performing any of its obligations (except payment obligations) under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, strikes, labour disturbances, wars, riots, acts of terrorism, civil unrest, governmental regulations or orders, or failures of the internet or telecommunications (each, a “Force Majeure” event). The affected Party shall promptly notify the other Party of the occurrence of a Force Majeure event and make reasonable efforts to mitigate its effect and resume performance as soon as practicable. If a Force Majeure event continues for a period exceeding thirty (30) days, either Party may terminate the Agreement upon written notice to the other without further liability, provided that fees for Services actually rendered up to the date of termination shall remain payable.