Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Kaivo website at getkaivo.in and all related services ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Acceptance and eligibility
By using the Service, you represent and warrant that:
- You are at least 18 years old
- You are a resident of India
- You have the legal capacity to enter into a binding contract
- You are not barred from receiving services under any applicable law (including the Drugs and Cosmetics Act 1940 and Drugs and Magic Remedies (Objectionable Advertisements) Act 1954)
- You will use the Service only for your own personal medical care and not on behalf of any other person except where you are a duly authorised legal guardian for an adult
- All information you provide is true, accurate, complete, and current
If you do not meet these requirements, you must not use the Service.
2. Nature of the Service — what Kaivo is and is not
Kaivo is a technology intermediary under the Information Technology Act 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The Service:
- Helps you assess preliminary medical suitability for clinical weight-loss treatment
- Connects you with NMC-registered medical practitioners ("Practitioners") for teleconsultations
- Facilitates the issuance of prescriptions by those Practitioners where clinically appropriate
- Coordinates with licensed retail pharmacies ("Pharmacy Partners") for fulfilment of prescriptions
- Provides educational content and ongoing support tools
Kaivo expressly does NOT:
- Provide medical advice, diagnoses, or treatment
- Employ or supervise the Practitioners — they are independent licensed professionals
- Dispense or sell medication — that is done by Pharmacy Partners under their own licence
- Guarantee that any consultation will result in a prescription
- Guarantee any specific medical outcome, weight loss, or treatment efficacy
- Replace your primary care physician
- Provide emergency medical care (see Section 5)
3. NO DOCTOR-PATIENT RELATIONSHIP WITH KAIVO
Use of getkaivo.in, completion of the eligibility quiz, browsing of educational content, or any other interaction with the Service does NOT create a doctor-patient relationship between you and Kaivo. Kaivo is not a medical practitioner. A doctor-patient relationship is established only between you and the individual Practitioner who conducts your teleconsultation, and only at the time of that consultation.
Information available on the Service — including articles, FAQs, calculators, quiz results, descriptions of medications, clinical trial summaries (such as SURMOUNT-1 or STEP-1 references), and other educational content — is provided for general informational purposes only and is not medical advice, diagnosis, or treatment recommendation. Do not rely on it as such.
4. Eligibility assessment and consultations
The intake quiz is an initial screening tool only. It is not a medical diagnosis. The Practitioner makes the final determination of medical suitability and treatment plan during your consultation, based on their independent clinical judgement, in accordance with the Telemedicine Practice Guidelines 2020 issued by the National Medical Commission ("Telemedicine Guidelines").
The Practitioner may, in their sole clinical discretion:
- Decline to prescribe any treatment
- Refer you for in-person examination, laboratory testing, or imaging — which it is your responsibility to arrange and pay for
- Recommend lifestyle interventions instead of medication
- Prescribe a different medication or dosage than you may have expected
- End the consultation if you are providing false information, are intoxicated, are not at your own residence, or are otherwise not in a condition to receive telemedical care
Where the Practitioner adjudges that physical examination is required, it is your sole responsibility to obtain such in-person consultation. Kaivo bears no responsibility for arranging or funding such follow-up care.
5. NOT FOR EMERGENCY USE
The Service is not designed for emergencies and must not be used for emergency medical situations. If you are experiencing a medical emergency, including but not limited to chest pain, severe bleeding, shortness of breath, suicidal thoughts, severe allergic reaction, or any acute or life-threatening condition:
- Call 112 (India's national emergency number) immediately
- Or go to the nearest hospital emergency department
- Do not wait for a Kaivo doctor or rely on the Service for emergency care
6. Prescriptions, medications, and authorisation
6.1 Prescription independence
Any prescription issued via the Service is issued by the Practitioner in their personal professional capacity and is regulated by the Indian Medical Council Act and Telemedicine Guidelines. The decision to prescribe, the choice of medication, dosage, and duration is the Practitioner's alone.
6.2 Authorised agent for pharmacy coordination
By using the Service, you irrevocably authorise Kaivo and its affiliates to act as your agent for the limited purposes of: (a) transmitting your prescription to the Pharmacy Partner; (b) coordinating dispensing, packaging, and delivery; (c) handling payment to the Pharmacy Partner on your behalf; (d) communicating with you about your order status. This authorisation does not transfer medical or pharmacy responsibility to Kaivo.
6.3 Schedule H/H1 compliance
GLP-1 medications (including semaglutide and tirzepatide) are Schedule H or H1 drugs under the Drugs and Cosmetics Act 1940. They are dispensed only against a valid prescription, only to the prescribed patient, in accordance with applicable rules. You may be required to present government-issued photo ID at delivery.
6.4 Right to decline, substitute, or limit
Kaivo and its Pharmacy Partners reserve the right, in their absolute discretion and without liability to you, to: (a) decline any order; (b) limit quantities of any medication; (c) substitute a prescribed medication with a therapeutically equivalent product of equal or greater value where the originally prescribed product is unavailable, subject to your or the Practitioner's consent where required by law; (d) discontinue any plan or programme.
6.5 Your post-delivery responsibilities
After delivery, it is your sole responsibility to: store the medication as instructed (including refrigeration where required); use it only as prescribed; not share it with any other person; safely dispose of unused or expired medication; report adverse events to your Kaivo Practitioner and to the Pharmacovigilance Programme of India where appropriate.
7. Fees, payments, and auto-renewal
Current pricing is displayed on the Service. Pricing may change with notice. By placing an order, you agree to pay the fees displayed at the time of ordering, plus applicable GST and any logistics charges.
For subscription plans, you authorise Kaivo (and its payment processor) to charge the applicable fee at the start of each billing cycle until you cancel. You may cancel at any time as described in our Refund Policy.
All payments are processed by third-party payment processors (such as Razorpay). Kaivo does not store your card or UPI details. Failed payments may result in suspension of the Service until payment is made.
8. Cancellations, no-shows, and refunds
Refund eligibility is governed by our Refund and Cancellation Policy, which forms part of these Terms. In summary:
- No-show (failure to attend a scheduled consultation without prior cancellation) results in no refund of the consultation fee.
- Late cancellation (less than 4 hours before the slot) results in no refund.
- Practitioner running late, technical issues with the call, or you choosing not to wait do not entitle you to a refund, provided the consultation is rescheduled or completed within a reasonable time.
- Dispensed medication is non-refundable per the Drugs and Cosmetics Rules 1945, except in cases of damage, tampering, or our error.
9. Acceptable use and prohibited conduct
You agree NOT to:
- Provide false, misleading, or incomplete medical information
- Impersonate any person or misrepresent your identity, age, or relationship to another person
- Create more than one account, share your account, or transfer your account to anyone
- Use the Service on behalf of someone else (except as a duly authorised guardian)
- Use any robot, scraper, spider, crawler, or other automated means to access the Service
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Bypass, circumvent, or disable any security features of the Service
- Resell, redistribute, or commercially exploit any medications obtained via the Service
- Use the Service to obtain medication for any non-medical purpose, for resale, for export, or for any unlawful purpose
- Spam, harass, abuse, or threaten Kaivo personnel, Practitioners, or other users
- Upload or transmit any virus, malware, or harmful code
- Use the Service in any manner that violates Indian law or the law of any other applicable jurisdiction
- Make any defamatory, false, or misleading statement about Kaivo, the Practitioners, or the Service in any public forum
Violation of these provisions is grounds for immediate suspension or termination of your account and may be reported to law enforcement.
10. Intellectual property
All content on getkaivo.in — including the Kaivo name, logo, trademarks, text, graphics, photographs, videos, code, software, designs, and the look and feel of the Service — is owned by or licensed to Kaivo and protected by Indian Copyright Act 1957, Trade Marks Act 1999, and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial medical care. You may not copy, modify, distribute, sell, lease, sub-licence, or create derivative works of any part of the Service without our prior written consent.
11. User content and feedback
If you submit any reviews, testimonials, suggestions, feedback, photos, or other content to Kaivo, you grant Kaivo a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, publish, and distribute such content for any lawful business purpose (including marketing, with your separate consent where required for personal identifiers), and you represent that you own or have the right to grant such licence.
Kaivo has no obligation to publish, retain, or moderate user content and may remove any user content at its discretion.
12. Privacy
Our processing of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to such processing.
13. Third-party services and links
The Service may integrate with or link to third-party services (including Calendly, Razorpay, Google Analytics, and others). These are governed by the third party's own terms and privacy policies. Kaivo does not endorse and is not responsible for any third-party content, product, service, or representation. Your use of any third-party service is at your own risk.
14. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
KAIVO, ITS AFFILIATES, AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE
- WARRANTIES REGARDING ANY MEDICAL OUTCOME, WEIGHT LOSS RESULT, OR EFFICACY OF ANY TREATMENT
- WARRANTIES REGARDING THE CONDUCT OF ANY PRACTITIONER, PHARMACY PARTNER, OR THIRD PARTY
No advice or information, whether oral or written, obtained by you from Kaivo or through the Service shall create any warranty not expressly stated in these Terms.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(a) Excluded damages. IN NO EVENT SHALL KAIVO, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR PRACTITIONERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICE.
(b) Aggregate cap. KAIVO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU PAID TO KAIVO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) INR 10,000 (TEN THOUSAND RUPEES).
(c) Carve-outs. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, fraud, wilful misconduct, or death or personal injury caused by Kaivo's negligence.
(d) Practitioners and Pharmacies. The Practitioners and Pharmacy Partners are independent of Kaivo. Kaivo is not liable for any act, omission, error, negligence, or misconduct of any Practitioner or Pharmacy Partner. Your remedies for medical malpractice or pharmacy error are directly against the relevant Practitioner or Pharmacy Partner.
16. Indemnification
You agree to defend, indemnify, and hold harmless Kaivo, its affiliates, and its officers, directors, employees, agents, and suppliers from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your use or misuse of the Service; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property or privacy right; (e) any false or misleading information you provide; (f) any claim by a third party arising from your User Content; or (g) your misuse, sharing, or resale of any medication obtained via the Service.
17. Force majeure
Kaivo will not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond its reasonable control, including without limitation: acts of God, natural disasters, pandemics, epidemics, war, civil unrest, government action, regulatory change, internet outages, telecommunications failures, power outages, cyberattacks, strikes, or supply chain disruptions.
18. Suspension and termination
Kaivo may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including without limitation if Kaivo reasonably believes that: (a) you have violated these Terms; (b) you have provided false or misleading information; (c) you are misusing the Service; (d) your continued use poses a risk to you, Kaivo, or other users; or (e) Kaivo is required to do so by law or regulation.
You may stop using the Service at any time. To delete your account, contact us. Termination does not affect any rights or obligations that have accrued before termination, including any payment obligations.
19. Governing law, jurisdiction, and dispute resolution
19.1 Governing law
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
19.2 Grievance escalation first
Before initiating any formal legal action, you agree to first contact our Grievance Officer (details below) and give Kaivo thirty (30) days to investigate and respond. Most disputes can be resolved at this stage.
19.3 Arbitration
If the dispute is not resolved through grievance escalation, both parties agree to resolve the dispute through binding arbitration in accordance with the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement, or failing agreement, in accordance with the Act. The seat and venue of arbitration shall be Mumbai, India. The language of arbitration shall be English.
19.4 Jurisdiction
Subject to the arbitration clause, the courts at Mumbai, India shall have exclusive jurisdiction over any matter arising out of these Terms.
19.5 Time limit
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action arises, or be permanently barred. This provision does not apply to any claim that, under applicable law, cannot be subject to a contractual limitation period.
20. Modifications to these Terms
Kaivo reserves the right to modify these Terms at any time. Material changes will be notified to you via email or a prominent notice on the Service. Your continued use of the Service after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
21. Notices
Any notice to Kaivo under these Terms must be sent in writing to To be updated. For now, contact us via email. with a copy to legal@getkaivo.in. Notice from Kaivo to you may be given by email to the address associated with your account, by SMS to your registered phone number, or by a prominent notice on the Service.
22. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and other policies referenced herein, constitute the entire agreement between you and Kaivo regarding the Service.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- No waiver. Kaivo's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment. You may not assign these Terms or your rights under them. Kaivo may assign these Terms to any successor or affiliate without your consent.
- Headings. Section headings are for convenience only and do not affect interpretation.
- Survival. Sections 3 (No Doctor-Patient Relationship), 10 (IP), 11 (User Content), 14 (Disclaimers), 15 (Liability), 16 (Indemnity), 19 (Disputes), and 22 (Miscellaneous) shall survive termination.
- Language. These Terms are executed in English, which shall be the controlling language for all interpretations.
- Independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and Kaivo.
Questions or concerns about this document?
Email us at support@getkaivo.in
Or reach our Grievance Officer:
The Kaivo Founders
grievance@getkaivo.in
We respond to grievances within 30 days of receipt, as required under the Digital Personal Data Protection Act 2023 and IT Rules 2011.