Cancellation and Refund Policy
For hospitals, clinics, and healthcare providers using the KareOS platform.
This Cancellation and Refund Policy (this “Policy”) explains how subscriptions and other paid services for Mykare AI’s AI‑powered healthcare automation platform, KareOS (the “Services”), may be cancelled, and when Fees are or are not refundable. It applies to the business relationship between the Company and its Customers (hospitals, clinics, healthcare groups, and similar organizations).
This Policy supplements, and is subject to, the SaaS Services Agreement between the Company and the Customer, including its Order Form, Terms and Conditions, and Exhibits A–D (the “Agreement”). Section references in this Policy (for example, “§5.2”) are to the Agreement. If anything in this Policy conflicts with the Agreement, the Agreement controls.
Contents
- Scope and Definitions
- Relationship to Your Agreement
- Fees, Billing, and Payment
- Cancellation and Non‑Renewal by the Customer
- Auto‑Renewal
- Termination for Material Breach
- Trials, Pilots, and Beta Features
- Effect of Cancellation or Termination
- Refunds — General Principle
- Non‑Refundable Fees
- Refunds and Credits That May Be Available
- How Refunds Are Calculated and Paid
- Service Levels and Performance
- Billing Disputes and Chargebacks
- Taxes
- Governing Law and Dispute Resolution
- Your Statutory Rights
- Changes to This Policy
- Contact Us
1. Scope and Definitions
This Policy applies to Fees paid by Customers to the Company for the Services. For purposes of this Policy:
- “Company”, “Mykare AI”, “we”, “us”, or “our” means MyKare Technologies Inc. (a Delaware corporation) and Justkare Technologies Private Limited (CIN: U85100KL2021PTC072723, incorporated under the laws of India), operating under the brand name mykare.ai, together the “Company” under the Agreement.
- “Customer” means the hospital, clinic, healthcare provider, or other organization that has entered into the Agreement.
- “Agreement” means the SaaS Services Agreement between the Company and the Customer, including the Order Form, the Terms and Conditions, and Exhibits A (Statement of Work), B (Service Level Agreement), C (Support Terms), and D (Subscription Charge).
- “Order Form” means the ordering document that sets out the Services, the Fees, the currency, the Initial Service Term, the Billing Cycle, and any Minimum Contract Period.
- “Initial Service Term” and “Term” have the meanings given in the Agreement; the Term renews as described in Section 5.
- “Minimum Contract Period” means the minimum commitment stated in the Order Form (Exhibit D).
- “Fees” means the fees described in the Order Form for the Services and Implementation Services, as defined in Section 4 of the Agreement, and includes Subscription Fees, Usage Fees, and One‑Time / Implementation Fees.
- “Subscription Fees” means recurring AI‑agent subscription or platform fees.
- “Usage Fees” means usage‑dependent fees (including voice/telephony minutes, SMS and other messaging, speech and translation processing, and AI processing) and any usage beyond the Service Capacity or included volumes set out in the Order Form.
- “One‑Time / Implementation Fees” means non‑recurring fees such as onboarding, setup, deployment, integration, configuration, data migration, custom development, bespoke reports, and training.
2. Relationship to Your Agreement
Commercial terms — including pricing, payment, currency, term length, and any Minimum Contract Period — are governed by the Agreement (and in particular the Order Form and Exhibit D), and not by this Policy or by general Website terms. This Policy supplements the Agreement and applies where it is silent.
Under the Agreement’s entire‑agreement provision (§9.3) and its preamble, the Agreement is the complete and exclusive statement of the parties’ understanding and supersedes prior agreements; no different terms of any purchase order or similar form have effect. If this Policy conflicts with the Agreement, the Agreement controls.
Handling, retention, and deletion of Customer Data follow the Agreement (§5.2) and any Business Associate Agreement or data‑processing terms the parties sign. Our Privacy Policy describes, more generally, how we handle personal data.
3. Fees, Billing, and Payment
- What you pay. Fees, billing frequency, currency, and any Minimum Contract Period are set out in the Order Form (Exhibit D). For example, the Services may be billed as a monthly Subscription Fee in advance, with Usage Fees and any overages billed in addition.
- Invoices and due date. Where the Company bills by invoice, full payment is due within thirty (30) days of the invoice mailing date (§4.2).
- Late payment. Unpaid amounts accrue a finance charge of 1.5% per month (or the maximum permitted by law, whichever is lower), plus all expenses of collection, and may result in immediate suspension or termination of the Services (§4.2).
- Fee changes. The Company may change the Fees or institute new charges at the end of the Initial Service Term or a then‑current renewal term, on thirty (30) days’ prior notice (which may be by email) (§4.1).
- Taxes. See Section 15.
Part A — Cancellation
4. Cancellation and Non‑Renewal by the Customer
The Agreement does not provide for cancellation for convenience during a term. A Customer may end the Services by declining renewal under Section 5, and either party may terminate the Agreement for material breach under Section 6.
4.1 Minimum Contract Period
Where the Order Form specifies a Minimum Contract Period (the standard Exhibit D states six (6) months), the Customer remains responsible for the Fees for that period, and Fees already paid for it are non‑refundable.
4.2 How to give notice
To decline renewal or otherwise communicate about cancellation, the Customer should give written notice to its Mykare AI account manager or to support@mykare.ai, identifying the Customer, the relevant Order Form, and the requested effective date. We will confirm receipt and the effective date in writing.
5. Auto‑Renewal
Under §5.1, the Initial Service Term renews automatically for successive periods of the same duration as the Initial Service Term, unless either party requests termination (that is, gives notice of non‑renewal) at least thirty (30) days before the end of the then‑current term. On valid non‑renewal, the Services continue until the end of the current term and are not billed for any further term. Renewal Fees may differ from the prior term, on thirty (30) days’ notice (§4.1).
6. Termination for Material Breach
Either party may terminate the Agreement on thirty (30) days’ notice if the other party materially breaches the Agreement (and, in the case of non‑payment, the Company may terminate without notice), as set out in §5.2 and §4.2.
On any termination, the Customer will pay in full for the Services up to and including the last day on which the Services are provided (§5.2). Except for the intellectual‑property‑infringement refund described in Section 11 and any adjustment or credit for a billing error, Fees are not refunded on termination.
The Company may also suspend or terminate the Services for security, integrity, or compliance risk, fraudulent or unlawful use, or other material breach, as provided in the Agreement.
7. Trials, Pilots, and Beta Features
Where an Order Form provides for a trial, pilot, proof of concept, preview, or beta feature, it is provided on an “as is” and “as available” basis and may be modified, suspended, or withdrawn at any time. Either party may end it on written notice. Any fixed pilot fee is non‑refundable once the pilot has commenced, unless the Order Form states otherwise. (Note that the standard Agreement’s Exhibit A describes a paid implementation and onboarding process rather than a free trial.)
8. Effect of Cancellation or Termination
- Access to the Services ends at the end of the paid term or on the agreed effective date of termination.
- All Fees accrued or payable through the last day on which the Services are provided, together with any Fees for the Minimum Contract Period, become due (§5.2).
- Customer Data. On any termination, the Company will make all Customer Data available to the Customer for electronic retrieval for a period of thirty (30) days, after which the Company will delete stored Customer Data (§5.2). Where a Business Associate Agreement or data‑processing agreement applies, its retention and deletion terms govern. The Customer is responsible for retrieving its data within the 30‑day window.
- Survival. Provisions that by their nature should survive termination — including accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability — survive termination (§5.2).
Part B — Refunds
9. Refunds — General Principle
Except as expressly set out in this Policy or the Agreement, or as required by applicable law, Fees paid to the Company are non‑refundable. Consistent with §5.2, on termination the Customer pays in full for the Services through the last day on which the Services are provided. The summary table below is provided for convenience only; Sections 3 to 13 govern in the event of any inconsistency.
| Scenario | Subscription Fees | One‑Time / Implementation & consumed Usage Fees |
|---|---|---|
| You decline renewal (notice ≥ 30 days before term end) | Service runs to end of term; no further billing | Non‑refundable |
| You wish to exit before the end of a term or Minimum Contract Period | Not available for convenience; Fees for the term and Minimum Contract Period remain due | Non‑refundable |
| Either party terminates for the other’s material breach | Pay in full through the last day of service; Fees not refunded | Non‑refundable |
| We suspend or terminate for your breach or non‑payment | No refund | Non‑refundable |
| Services found or believed infringing and we terminate (IP remedy, §7) | Refund of prepaid, unused Fees | Non‑refundable |
| Billing error (raised within 60 days, §4.1) | Adjustment or credit of the erroneous amount | |
| SLA / performance shortfall (Exhibit B) | No service credits; remedy is termination for material breach, subject to the liability limitation in §8 | |
10. Non‑Refundable Fees
The following are non‑refundable, except where Section 11 expressly provides otherwise or where a refund is required by applicable law:
- One‑Time / Implementation Fees (including onboarding, setup, deployment, integration, configuration, data migration, custom development, bespoke reports, and training) once the related work has begun.
- Usage Fees for Services already delivered or consumed (including voice/telephony minutes, SMS and messaging, speech and translation processing, and AI processing), and any overages already incurred.
- Fees for the Minimum Contract Period, and Fees for the Services provided up to and including the last day of service on termination (§5.2).
- Third‑party pass‑through charges already incurred on the Customer’s behalf.
- Discounts, credits, and promotional amounts, which carry no cash value.
- Marketing campaign work and other items treated as out of scope and billed separately under Exhibit D, once performed.
11. Refunds and Credits That May Be Available
Subject to the rest of this Policy and the Agreement, the following are the circumstances in which money may be returned or credited:
- Intellectual‑property remedy (§7). If the Services are held by a court of competent jurisdiction to be infringing, or are believed by the Company to be infringing, and the Company determines that replacing or modifying the Services or obtaining a license is not commercially practicable, the Company may terminate the Agreement and refund any prepaid, unused Fees for the Service.
- Billing errors (§4.1). If the Customer believes it has been billed incorrectly, it must contact the Company no later than sixty (60) days after the closing date on the first billing statement on which the error or problem appeared, in order to receive an adjustment or credit.
- Where required by law. Any refund required by applicable mandatory law.
All refunds and credits are net of amounts the Customer owes to the Company and net of the non‑refundable items in Section 10.
12. How Refunds Are Calculated and Paid
- Prepaid, unused Fees. Where the Company refunds prepaid, unused Fees (for example, under the intellectual‑property remedy in Section 11), the refund is calculated on the unused, unexpired portion of the then‑current Term, measured in whole days, and excludes One‑Time / Implementation Fees and consumed Usage Fees.
- Method and currency. Refunds and credits are issued by the Company to the original payment method or originating account, or by credit note, in the currency stated in the Order Form.
- Timing. Approved refunds are processed within thirty (30) days of approval, or sooner where required by applicable law or by the relevant payment provider’s standard timelines.
- Charges and exchange rates. Refunds exclude bank, payment‑gateway, and currency‑conversion charges, and the Customer bears any exchange‑rate difference on cross‑currency transactions.
13. Service Levels and Performance
The Service Level Agreement (Exhibit B) and Support Terms (Exhibit C) set out the Company’s service commitments — for example, a monthly uptime of at least 99.5% and an inbound voice agent answering 95% of calls within five seconds — together with the stated SLA exclusions. The Agreement does not provide service credits for failing to meet these commitments. A Customer’s remedy for a sustained, material performance failure is termination for material breach under Section 6, subject to the limitation of liability in §8. No refund is due for an SLA or performance shortfall except as the Agreement expressly provides.
The Company does not warrant that the Services will be uninterrupted or error‑free, and does not guarantee any clinical outcome, eligibility determination, coverage, visa decision, booking confirmation, payment, or revenue result. No refund or credit is available for a failure to meet such expectations (§6).
14. Billing Disputes and Chargebacks
If the Customer believes an amount has been charged in error, it should contact support@mykare.ai within the sixty (60)‑day window described in §4.1 so that the Company can review and resolve the matter. Initiating a chargeback, reversal, or payment dispute without first contacting the Company may be treated as a payment dispute and may result in suspension or termination of the Services under §4.2 and §5.2. The Customer remains responsible for all amounts validly owed.
15. Taxes
Fees are exclusive of taxes. The Customer is responsible for all taxes associated with the Services, other than taxes based on the Company’s net income (§4.2). Applicable taxes — including Goods and Services Tax (GST) where Justkare Technologies Private Limited is the invoicing entity — are charged in addition, as stated in Exhibit D. Where a refund is issued, it will be adjusted for taxes as required by applicable law, and any tax credit note or equivalent document required under the GST law or other applicable tax law will be issued accordingly.
16. Governing Law and Dispute Resolution
This Policy and the Agreement are governed by and construed in accordance with the laws of India, without giving effect to conflict‑of‑law rules (§9.6). Any dispute, controversy, or claim arising out of or in connection with the Agreement is referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Rules in force, with the seat and venue in Singapore, before a single arbitrator, in the English language (§9.7). Where a Customer has signed a different agreement, the governing‑law and dispute‑resolution terms of that agreement apply instead.
17. Your Statutory Rights
Nothing in this Policy excludes or limits any right that cannot be excluded or limited under applicable mandatory law. The Services are provided to business Customers, and certain consumer‑protection laws may not apply to a business Customer. Where mandatory law grants a Customer broader cancellation or refund rights than this Policy, those rights prevail to the extent of any inconsistency.
18. Changes to This Policy
This Policy is one of the Company’s standard published policies. We may update it from time to time, and will revise the “Effective as of” date above. As required by §2.2 of the Agreement, the Company will provide the Customer with prior notice of any material changes to its published policies. Changes to the Agreement itself follow the amendment procedure in the Agreement (§9.3).
19. Contact Us
For billing, cancellation, and refund requests, or any questions about this Policy, contact support@mykare.ai.
Wilmington, New Castle County,
Delaware 19808, USA
14/291 M, Suite 52A, 1st Floor, A Square,
Edathala P.O, Kuzhivelippady, Kochi, Kerala 683561, India
Tel: +91 77360 38889