Terms of Service

These Terms of Service (“Terms”) govern access to and use of the software platform and services branded as RAKT.IN / RAKT (the “Service”), provided by RAKT INNOVATIONS (OPC) PVT. LTD., a company incorporated under the Companies Act, 2013, CIN U72900DL2020OPC360414, GSTIN 07AAKCR0304B1Z0, having its registered office at AN-4D, AN Block, Shalimar Bagh, Delhi 110088, India (“RAKT”, “Company”, “we”, “us”, “our”). By creating an account, accepting a Quote or Order Form, or using the Service, you (“Customer”, “you”) agree to be bound by these Terms.

These Terms, together with the Privacy Policy, the Data Processing Addendum, the Refund Policy and any Order Form, form the entire agreement between you and RAKT. The Data Processing Addendum applies automatically to all processing of personal data under these Terms and does not require separate signature.

1. Definitions

1.1 “Account” means any user account created to access the Service.

1.2 “Authorised User” means an employee, contractor, or other person authorised by Customer to use the Service under Customer’s Account.

1.3 “Customer Data” means all data, records, text, files, information, documents, images, or other content submitted, stored, transmitted, processed, or displayed by Customer or Authorised Users through the Service, including any personal data.

1.4 “Personal Data” has the meaning assigned under applicable law, including the Digital Personal Data Protection Act, 2023, and includes health-related information and other sensitive personal data or information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

1.5 “Subscription” means Customer’s right to access and use the Service for the plan, term, users, modules, and scope purchased.

1.6 “Order Form” means any order, quote, proposal, invoice, plan selection, or written confirmation specifying Subscription details.

1.7 “Documentation” means user guides, help articles, onboarding materials, and technical documentation provided by RAKT.

1.8 “Third-Party Services” means third-party software, websites, services, APIs, integrations, telecom, hardware, hosting providers, and payment gateways not controlled by RAKT.

1.9 “DPA” means the Data Processing Addendum published at rakt.in, as amended from time to time.

2. Scope of Service

2.1 RAKT provides a cloud software platform intended to help organisations manage workflows, records, reporting, inventory, and operations related to blood bank or related institutional processes as offered within your plan.

2.2 No Medical Advice; No Clinical Decision-Making. The Service is an administrative and operational software tool. RAKT does not provide medical advice, clinical decision support, diagnosis, treatment recommendations, or medical services. You are solely responsible for all professional, clinical, regulatory, and operational decisions, including verification of blood group matching, screening, eligibility, donor and recipient suitability, labelling, storage, handling, transportation, and transfusion decisions.

2.3 Not a Medical Device. The Service is not offered, marketed, or intended as a medical device or as software as a medical device within the meaning of the Medical Devices Rules, 2017, and RAKT makes no claim of registration, licence, or approval from the Central Drugs Standard Control Organisation or any other regulatory authority in respect of the Service. Customer shall not use the Service as a substitute for any validated clinical or diagnostic system, nor deploy it for any purpose that would cause it to be regulated as a medical device, without RAKT’s prior written agreement.

2.4 Not a Government System. RAKT is not affiliated with or endorsed by any government authority unless expressly stated in writing. Any references to government portals, formats, or compliance workflows are for convenience only.

2.5 Right to Modify. We may modify, add, remove, or discontinue features of the Service, provided that we will not materially reduce core functionality of paid plans during an active paid term without commercially reasonable notice, except where required for security, legal compliance, or to prevent abuse.

3. Eligibility and Authority

3.1 You must be legally capable of entering into a binding contract under Indian law.

3.2 If Customer is an entity, the person accepting these Terms represents that they have authority to bind Customer.

4. Account, Access, and Security

4.1 Account Responsibility. Customer is responsible for all activity under its Account, including the acts and omissions of Authorised Users.

4.2 Credentials. You must keep login credentials confidential and implement appropriate access controls. Notify us promptly at support@rakt.in of unauthorised access or a suspected breach.

4.3 User Management. Customer must ensure access is limited to Authorised Users and promptly remove access for terminated personnel.

4.4 Minimum Security Practices. Customer shall implement reasonable administrative, physical, and technical safeguards, including secure endpoints, updated browsers, strong authentication, and not sharing credentials between individuals.

4.5 Audit Logs. The Service provides activity logs. Customer is responsible for reviewing logs and maintaining internal controls.

5. Acceptable Use

5.1 You agree not to, and not to allow anyone to: (a) use the Service in violation of any law, regulation, licence, or third-party right; (b) upload malware, viruses, or harmful code; (c) attempt to gain unauthorised access, or probe, scan, or test vulnerabilities; (d) interfere with the integrity, performance, or availability of the Service; (e) reverse engineer, decompile, or attempt to derive source code except to the extent permitted by applicable law; (f) copy, reproduce, sell, resell, rent, lease, sublicense, or time-share the Service; (g) use the Service for unlawful discrimination, harassment, or abusive conduct; (h) use the Service to store or transmit content that is illegal, infringing, obscene, defamatory, or violates privacy; (i) scrape, crawl, or harvest data from the Service without permission; or (j) bypass plan limits, usage controls, or technical restrictions.

5.2 We may suspend or restrict access for suspected violation, security risk, harm to the Service, or legal compliance needs, in accordance with Section 17.

6. Customer Obligations

6.1 Accuracy and Verification. Customer is solely responsible for the correctness, completeness, and legality of Customer Data; for verifying outputs, reports, labels, and exports; for ensuring records match real-world inventory and operations; and for maintaining required physical registers and statutory records where applicable.

6.2 Regulatory Compliance. Customer is solely responsible for compliance with all applicable laws and regulations, including the Drugs and Cosmetics Act and Rules, blood bank rules, biomedical and health regulations, data protection and privacy law, the Information Technology Act, 2000, directions issued by CERT-In, and sectoral guidelines.

6.3 Consents and Notices. Customer must obtain all required consents, authorisations, and notices from donors, recipients, staff, and any other data principals for the collection, processing, and sharing of Personal Data through the Service. Customer acts as the Data Fiduciary in respect of such Personal Data and RAKT acts as its Data Processor, as further set out in the DPA.

6.4 Permitted Data. Unless expressly agreed in writing, you must not store government-issued biometric identifiers, passwords in plain text, payment card numbers or verification codes, or any data prohibited by law.

6.5 Backups and Export. Customer is responsible for maintaining independent backups and exporting data periodically. Any optional backup or export tools provided by RAKT do not replace Customer’s own backup obligations.

7. Customer Regulatory Compliance; No Liability for Customer Non-Compliance

7.1 Customer’s Sole Compliance Responsibility. Customer acknowledges and agrees that Customer is solely and exclusively responsible for ensuring that its operations, licences, premises, staff, processes, documentation, records, testing, storage, issue, transport, disposal, reporting, and overall conduct of blood bank and related activities are fully compliant with all applicable laws, rules, regulations, standards, circulars, and directions, including without limitation: (a) the requirements, directions, inspections, and audit expectations of the State Blood Transfusion Council, the National Blood Transfusion Council, and any other competent authority; (b) the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, and any amendments, notifications, guidance, schedules, and standards issued thereunder; and (c) any other applicable health, biomedical, quality, licensing, reporting, and record-keeping requirements, including local, state, and central rules and any standards applicable to blood banks, blood centres, hospitals, and allied establishments.

7.2 Software Tool Only; Not Compliance Assurance. Customer understands that the Service is a software tool intended to assist with administrative and operational management only. The Service and any features, including templates, workflows, reports, alerts, checklists, exports, or labels, do not constitute legal advice, compliance advice, or a guarantee of regulatory compliance, and may require configuration and validation by Customer based on Customer’s specific licensing conditions and regulatory obligations.

7.3 No Responsibility for Customer Wrongdoing. To the maximum extent permitted by law, RAKT shall not be responsible or liable for any act, omission, violation, non-compliance, misconduct, negligence, fraud, misrepresentation, inaccurate record entry, improper issuance, handling, storage or testing, breach of standard operating procedures, breach of licensing conditions, breach of patient or donor rights, or any other wrongdoing by Customer or its Authorised Users, whether or not such act or omission occurs while using or relying upon the Service.

7.4 Regulatory Actions and Penalties. Without limiting the foregoing, RAKT shall have no liability for any regulatory notice, show-cause, suspension, cancellation, penalty, prosecution, seizure, adverse audit finding, or other action initiated by any authority against Customer, and Customer remains solely responsible for responding to and resolving such actions.

7.5 Indemnity for Compliance Failures. Customer shall defend, indemnify, and hold harmless RAKT and its directors, officers, employees, agents, and contractors from and against any and all claims, damages, liabilities, penalties, fines, losses, and expenses, including reasonable legal fees, arising out of or relating to Customer’s failure to comply with the requirements referred to in Section 7.1 or any applicable law or regulation, including any claim brought by regulators, patients, donors, recipients, hospitals, or third parties.

8. Subscriptions, Trials, Fees, and Taxes

8.1 Plans and Limits. Access is subject to plan limits, including users, modules, storage, API calls, locations, and devices. Exceeding limits may require an upgrade or additional fees.

8.2 Trials. Trial access, if offered, is provided “as is”, may be terminated at any time, and may include limited features or support.

8.3 Fees. Fees are as stated in the Order Form or invoice. Fees are non-refundable except as required by law, as expressly stated in these Terms, or as provided in the Refund Policy, which forms part of these Terms and governs where a refund is claimed.

8.4 Taxes. Fees exclude taxes. Customer will pay applicable Goods and Services Tax and any other taxes, duties, or levies, excluding taxes on RAKT’s income. Customer shall provide valid GST details where applicable.

8.5 Payment Terms. Unless stated otherwise, invoices are due immediately or within the invoice period. Late payment may result in suspension under Section 17 and may incur interest or late fees to the maximum extent permitted by law.

8.6 No Set-Off. Customer may not withhold or set off payments on account of a dispute unless required by law.

9. Support, Maintenance, and Availability

9.1 Support. Support scope depends on plan. Support may be provided by email, phone, WhatsApp, ticketing, or other channels.

9.2 Maintenance and Downtime. We may conduct maintenance that causes downtime. We will use commercially reasonable efforts to schedule planned maintenance and minimise disruption. Emergency maintenance may occur without notice.

9.3 No Guaranteed Service Level Unless Stated. Unless your Order Form includes a written service level agreement, the Service is provided without guaranteed uptime, service credits, or performance commitments.

9.4 Performance Depends on Third Parties. Availability can be affected by internet connectivity, devices, networks, cloud hosting, and Third-Party Services.

10. Data Processing, Privacy, and Security

10.1 Customer Data Ownership. As between the parties, Customer retains ownership of Customer Data. RAKT does not own Customer Data.

10.2 Licence to Process Customer Data. Customer grants RAKT a limited licence to host, copy, transmit, display, and process Customer Data solely to provide, secure, and maintain the Service, to comply with law, and to enforce these Terms.

10.3 Privacy Policy and DPA. Processing of Personal Data is governed by our Privacy Policy and the Data Processing Addendum, which is incorporated into these Terms by reference and applies without separate signature. A separately executed copy is available on request to support@rakt.in. If there is a conflict between these Terms and the DPA, the DPA controls in respect of the processing of Personal Data.

10.4 Security Measures. We implement the technical and organisational measures described in the Privacy Policy and in the schedule to the DPA. No system can be made completely secure, and Customer acknowledges the risks inherent in electronic storage and transmission.

10.5 Customer Responsibilities. Customer is responsible for access control, user permissions, internal approvals, endpoint security, and ensuring there is a lawful basis for any data uploaded.

10.6 Security Incidents. We will notify Customer of a confirmed security incident affecting Customer Data in accordance with the timelines set out in the DPA, and will provide the information reasonably required for Customer to meet its own reporting obligations, including to CERT-In and the Data Protection Board of India.

10.7 Location of Processing and Sub-processors. Customer Data is stored and backed up on infrastructure located in India. Certain sub-processors, including those providing email delivery, messaging, error monitoring, and optional artificial intelligence features, process limited data outside India. The current list is published at rakt.in/subprocessors/ and Customer authorises those sub-processors for the purpose of providing the Service. If Customer requires data residency restrictions beyond those published, they must be agreed in writing.

11. Intellectual Property

11.1 RAKT Intellectual Property. The Service, Documentation, software, interfaces, workflows, templates, trade marks, and all related intellectual property are owned by RAKT or its licensors.

11.2 Licence to Customer. Subject to these Terms and to payment, RAKT grants Customer a limited, non-exclusive, non-transferable, revocable licence during the Subscription term to access and use the Service for its internal business purposes.

11.3 Restrictions. Customer shall not copy, modify, create derivative works of, or remove proprietary notices from the Service.

11.4 Feedback. Any suggestions or feedback you provide may be used by RAKT without obligation or compensation, and you grant RAKT a perpetual, worldwide, royalty-free licence to use it.

12. Third-Party Services and Integrations

12.1 The Service may integrate with Third-Party Services. RAKT does not control them and is not responsible for their availability, security, legality, accuracy, or terms.

12.2 Your use of Third-Party Services is governed by their terms. You are responsible for reviewing and complying with them.

12.3 We may disable or change integrations at any time where required for security, legal, or operational reasons.

13. Confidentiality

13.1 Confidential Information includes non-public business, technical, product, pricing, security, and customer information disclosed by either party, and includes Customer Data.

13.2 Each party shall protect the other’s Confidential Information with reasonable care, using no less care than it applies to its own confidential information of like importance, and shall use it only to perform its obligations under these Terms.

13.3 Exclusions. Information that is or becomes public through no breach of these Terms, is independently developed without use of the other party’s Confidential Information, is rightfully obtained from a third party without breach, or is required to be disclosed by law, with notice to the disclosing party where permitted.

13.4 Obligations in respect of Personal Data are additionally governed by the DPA, which applies in addition to and not in substitution for this Section.

14. Warranties and Disclaimers

14.1 Customer Warranty. Customer represents and warrants that it has all rights and consents required to provide Customer Data; that Customer Data and its use of the Service will not violate any law or third-party right; and that it will comply with applicable regulations and maintain all required licences.

14.2 RAKT Warranty. RAKT warrants that it will provide the Service with reasonable skill and care, and that to its knowledge the Service does not contain any malicious code intended to damage or disable Customer Data. Customer must notify RAKT promptly in writing of any non-conformity and provide a reasonable opportunity to remedy it.

14.3 Disclaimer. To the maximum extent permitted by law, and except as expressly stated in Section 14.2, the Service is provided “as is” and “as available”. RAKT disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, uninterrupted availability, and error-free operation.

14.4 No Guarantee of Outcomes. RAKT does not guarantee specific results, compliance outcomes, audit success, operational accuracy, reduction in wastage, or availability of blood stock.

14.5 Data and Report Disclaimer. Reports, dashboards, analytics, and alerts are indicative and depend on Customer Data and configuration. Customer must verify them before acting.

15. Limitation of Liability

15.1 Indirect Damages Excluded. To the maximum extent permitted by law, RAKT will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, business interruption, data loss, or the cost of procuring substitute services, even if advised of the possibility.

15.2 Cap on Liability. Subject to Section 15.3, RAKT’s total aggregate liability arising out of or relating to the Service or these Terms shall not exceed the total fees actually paid by Customer to RAKT for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

15.3 Exclusions from the Cap. Nothing in these Terms limits or excludes either party’s liability for fraud or fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, infringement of the other party’s intellectual property, or any liability that cannot lawfully be limited or excluded under Indian law, including any monetary penalty imposed under the Digital Personal Data Protection Act, 2023. Customer’s obligation to pay fees due is not subject to the cap in Section 15.2.

15.4 High-Risk Use. Customer acknowledges that the Service is not fail-safe and must not be relied upon as the sole system of record or the sole control for life-critical decisions. Customer assumes responsibility for maintaining independent verification for high-impact operations.

15.5 Essential Basis. These limitations are a fundamental basis of the bargain between the parties and apply even if any remedy fails of its essential purpose.

16. Indemnity

16.1 Customer Indemnity. Customer shall defend, indemnify, and hold harmless RAKT and its directors, officers, employees, contractors, and agents from any claims, damages, liabilities, penalties, fines, losses, and expenses, including reasonable legal fees, arising from or relating to: (a) Customer Data, including allegations of privacy violation, incorrect data, or unlawful processing; (b) Customer’s or its Authorised Users’ use of the Service in violation of law or these Terms; (c) Customer’s regulatory non-compliance, licensing issues, audits, penalties, or notices; (d) misuse of reports, labels, alerts, or exports; (e) any dispute between Customer and its staff, patients, donors, recipients, suppliers, or regulators; and (f) use of Third-Party Services or integrations.

16.2 RAKT Indemnity. RAKT shall defend Customer against any third-party claim that Customer’s permitted use of the Service infringes an Indian patent, copyright, or trade secret, and shall pay damages finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, from modification of the Service by anyone other than RAKT, or from use of the Service outside the scope of these Terms.

16.3 Process. The indemnified party shall give prompt written notice of a claim, allow the indemnifying party to control the defence and settlement, and provide reasonable cooperation at the indemnifying party’s expense. The indemnified party may participate with its own counsel at its own cost. No settlement that imposes any obligation or admission on the indemnified party may be made without its consent.

17. Suspension and Termination

17.1 Suspension. We may suspend access, with notice where practicable, if: (a) required by law or by a regulator; (b) there is a suspected security incident, malware, or breach; (c) fees are unpaid; (d) these Terms are violated; or (e) usage threatens the Service or other customers. We will use commercially reasonable efforts to give at least twelve (12) hours’ notice before a suspension unless a shorter or contemporaneous notice is necessary to protect the Service, RAKT, or other customers.

17.2 Termination by Customer. Customer may terminate in accordance with its Order Form, and in the absence of a stated term, on written notice to support@rakt.in. Fees paid are non-refundable except as required by law or as provided in the Refund Policy.

17.3 Termination by RAKT. We may terminate: (a) for Customer’s material breach not cured within seven (7) days of notice, or immediately for a severe breach; (b) for non-payment persisting more than fourteen (14) days after the due date; (c) if continuing to provide the Service would violate law or create a security risk; or (d) if Customer uses the Service for unlawful purposes.

17.4 Effect of Termination. Access ends and Customer must stop using the Service. Customer remains responsible for all fees accrued. On request made within thirty (30) days after termination, RAKT will provide a reasonable export of Customer Data in a standard machine-readable format at no additional charge. After that export window, RAKT will delete Customer Data from its live systems in accordance with the Privacy Policy, unless legally required to retain it.

17.5 Deletion. Customer acknowledges that deletion is irreversible and that RAKT is not liable for deletion carried out after the export window has closed. Residual copies may persist in encrypted backups until they age out on the backup retention cycle described in the Privacy Policy.

17.6 Survival. Sections 1, 7, 10, 11, 13, 14.3, 15, 16, 17.4 to 17.6, 20, 21, and 24 survive termination.

18. Data Retention and Recordkeeping

18.1 Customer is responsible for determining the retention periods required under applicable law and for its own audits, including retention of blood bank records under the Drugs and Cosmetics Rules, 1945.

18.2 Unless otherwise agreed in writing, RAKT does not guarantee indefinite retention of Customer Data.

18.3 If Customer requires extended retention, archival, immutable logs, or compliance-grade storage, that must be contracted separately.

19. Changes to Terms

We may update these Terms from time to time. Each version carries a version number and effective date shown at the top of this page. Where a change is material, we will give reasonable prior notice through the Service, by email, or by posting on rakt.in. Continued use after the effective date constitutes acceptance. If you do not agree to a material change, you may terminate in accordance with Section 17.2 before it takes effect.

20. Notices

20.1 To Customer. Notices may be sent to the email address associated with your Account or given through the Service.

20.2 To RAKT. Notices must be sent to support@rakt.in and, for any notice of dispute, breach, or legal proceeding, also to the registered office set out in Section 27, marked “Legal Notice”.

21. Governing Law and Dispute Resolution

21.1 Governing Law. These Terms are governed by and construed in accordance with the laws of India.

21.2 Escalation. Before commencing arbitration, the aggrieved party shall give written notice describing the dispute in reasonable detail, and a senior representative of each party shall meet, in person or by telephone, within ten (10) business days of that notice to attempt a resolution in good faith.

21.3 Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved under Section 21.2 shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator. The sole arbitrator shall be appointed by mutual agreement of the parties, and failing agreement within thirty (30) days of a written request to appoint, shall be appointed by the Delhi International Arbitration Centre in accordance with its rules, which shall also govern the conduct of the arbitration. The seat and venue of arbitration shall be New Delhi and the language shall be English. The award shall be final and binding on the parties.

21.4 Injunctive Relief. Either party may apply to a court of competent jurisdiction for interim or injunctive relief to protect its intellectual property or confidential information, or to prevent misuse of the Service, without waiving its obligation to arbitrate.

21.5 Courts. Subject to Section 21.3, the courts at New Delhi shall have exclusive jurisdiction.

22. Force Majeure

Neither party is liable for delay or failure to perform, other than an obligation to pay money, due to events beyond its reasonable control, including natural disasters, power or internet failure, telecommunications outages, strikes, war, terrorism, civil unrest, epidemics or pandemics, government action, hosting or provider failures, or cyberattacks not caused by that party’s own negligence.

23. Assignment

Customer may not assign or transfer these Terms without RAKT’s prior written consent. RAKT may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to Customer.

24. Severability, Waiver, and Entire Agreement

24.1 If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force.

24.2 A failure or delay in enforcing a right is not a waiver of that right.

24.3 These Terms, together with any Order Form, the Privacy Policy, the DPA, and the Refund Policy, constitute the entire agreement between the parties and supersede all prior discussions and representations on the same subject matter.

24.4 Where an Order Form signed by both parties expressly conflicts with these Terms, the Order Form prevails for that Subscription only.

25. Publicity

RAKT may identify Customer by name and logo as a customer reference on its website and in marketing materials. Customer may withdraw that permission at any time, and may decline it in advance, by emailing support@rakt.in, and RAKT will remove the reference within a reasonable period. Neither party acquires any other right in the other’s trade marks.

26. Special Terms for Government and Regulated Entities

If Customer is a government entity, a public sector organisation, or a regulated hospital network requiring special contractual provisions such as data residency, audit rights, service levels, or bespoke indemnities, those must be set out in a signed written agreement. In the absence of such an agreement, these Terms apply.

27. Contact Details

RAKT INNOVATIONS (OPC) PVT. LTD.
AN-4D, AN Block, Shalimar Bagh, Delhi 110088, India
CIN: U72900DL2020OPC360414  |  GSTIN: 07AAKCR0304B1Z0
Phone: +91 70427 21037, +91 99539 94941
Email: support@rakt.in