Reach 5.5M health-conscious shoppers on Truemeds

This Self-Serve Advertising Platform Terms and Conditions Agreement (“Agreement”) is entered into between Intellihealth Solutions Private Limited, owning the Truemeds platform (“Truemeds”), and the person or entity accepting this Agreement and/or using the Platform for advertising purposes (“Advertiser”). Where an advertising agency, media buyer or other intermediary uses the Platform on behalf of a principal, both the intermediary and such principal shall be deemed “Advertiser” for purposes of this Agreement and shall be jointly and severally liable hereunder.

By clicking “I Agree”, creating or accessing an advertiser account, transferring funds to the advertiser wallet, creating or submitting any campaign, or continuing to use the Platform after being presented with this Agreement, the Advertiser agrees to be bound by this Agreement and the policies, specifications and guidelines made available by Truemeds from time to time, including any advertising, restricted category, billing, attribution, creative, disclosure or takedown policies (collectively, “Policies”).

1. Scope

1.1 Truemeds makes available a self-serve advertising platform and related tools, dashboards, reporting interfaces and on-platform inventory for eligible advertising on Truemeds owned or controlled properties including but not limited to websites, apps, search placements, listings, widgets and related digital surfaces (“Platform”).

1.2 The Platform does not include off-platform media buying.

1.3 Self-serve access is intended primarily for visibility-led placements, including sponsored listings, product listing ads, search placements and widget-based placements made available by Truemeds from time to time.

1.4 Banner, display, rich media, endorsement-led or other creative-intensive inventory may be subject to prior internal review, approval, modification, restriction or managed-service handling by Truemeds notwithstanding availability through the advertiser interface.

2. Eligibility and Registration

2.1 The Advertiser represents and warrants that it is duly organised, validly existing and competent to enter into this Agreement, and that the individual accepting this Agreement is duly authorised to bind the Advertiser.

2.2 As a condition to registration, onboarding and continued access, the Advertiser shall provide accurate and complete information and such documents as Truemeds may require, including but not limited to billing entity GSTIN, PAN, CIN, trademark ownership details and, where applicable, agency or brand authorisation documents.

2.3 The Advertiser shall promptly update any change in its legal name, address, tax details, authorisations or other material onboarding information.

2A. Account Security and Authorised Users

2A.1 The Advertiser shall be solely responsible for maintaining the confidentiality and security of all usernames, passwords, OTPs, API keys and other credentials used to access the Platform.

2A.2 The Advertiser shall ensure that only duly authorised personnel, employees, contractors or representatives’ access and use the Platform on its behalf.

2A.3 All actions taken through the Advertiser’s account shall be deemed authorised acts of the Advertiser unless and until Truemeds receives written notice of unauthorised access and has had a reasonable opportunity to act.

2A.4 The Advertiser shall promptly notify Truemeds of any suspected unauthorised use, security breach or compromise of credentials.

3. Permitted and Prohibited Advertising

3.1 The Advertiser may use the Platform only for lawful advertising of products and services permitted by Truemeds and in accordance with this Agreement and the Policies.

3.2 Advertising of prescription products through self-serve is strictly prohibited.

3.3 Advertising containing disease-treatment, cure, mitigation, prevention, diagnosis, superiority or other sensitive health claims shall not be permitted through self-serve and may, if at all accepted by Truemeds, be subject to separate review, approval, substantiation, documentation, disclosures and managed-service controls.

3.4 The Advertiser shall not upload, publish, target, promote or distribute any content that:

(a) is false, misleading, deceptive, unsubstantiated or unfair;

(b) violates applicable law, regulation, code or guideline;

(c) infringes any intellectual property, privacy, publicity or other proprietary right;

(d) contains prohibited medical, health or product claims;

(e) impersonates any person or misrepresents affiliation, approval or endorsement; or

(f) otherwise violates the Policies or is reasonably determined by Truemeds to present legal, regulatory, reputational, safety or platform-integrity risk.

3A. Privacy, Data Use and Targeting

3A.1 The Advertiser shall comply with all applicable privacy, data protection and marketing laws.

3A.2 The Advertiser shall not upload, share or otherwise process through the Platform any personal data, sensitive personal data, health data, customer lists or identifiers unless expressly permitted by Truemeds and lawfully obtained with all required notices and consents.

3A.3 The Advertiser shall not use the Platform to target users based on restricted health conditions, diagnoses, prescriptions or other prohibited sensitive categories.

3A.4 Truemeds may use campaign data, usage data and performance information in aggregated, anonymised or de-identified form for analytics, optimisation, fraud prevention and service improvement.

3B. Healthcare and Advertising Compliance

3B.1 The Advertiser shall ensure compliance with all applicable advertising, pharmaceutical, healthcare, consumer protection and e-commerce laws, regulations and self-regulatory codes.

3B.2 Truemeds may require substantiation, licences, registrations, approvals, test reports, declarations or supporting evidence for any product or claim.

4. Review and Platform Discretion

4.1 Truemeds may at any time, with or without notice, review, reject, suspend, remove, edit for technical formatting, require modification of, restrict, reclassify, de-prioritise or refuse any campaign, keyword, asset, creative, landing destination, advertiser account or category.

4.2 Truemeds may require additional documents, substantiation, licences, approvals, disclaimers or declarations before accepting or continuing any campaign.

4.3 Truemeds shall have no obligation to publish, continue or restore any advertising and shall not be liable for any such decision made in good faith for business, legal, regulatory, quality, user experience, platform integrity or risk-management reasons.

5. Wallet, Fees, Taxes and Billing

5.1 Funds transferred or credited to the advertiser account wallet may be used toward campaign spend, platform charges, taxes, adjustments and other amounts payable under this Agreement.

5.2 All fees are exclusive of GST and other applicable taxes, which shall be charged additionally unless expressly stated otherwise.

5.3 Use of the wallet, creation of campaigns, continuation of campaigns or continued use of the Platform following transfer of funds shall constitute acceptance of this Agreement and the Policies.

5.4 Truemeds may determine spend recognition, delivery, measurement, attribution and billing based on its records, logs, dashboards and systems, which shall be final and binding save in case of manifest error determined by Truemeds.

5.5 Except where required by law or where Truemeds determines a duplicate payment, technical error or billing discrepancy, funds transferred to the wallet are non-refundable.

5A. Chargebacks and Failed Payments

5A.1 If any payment is reversed, charged back, declined or not successfully settled, Truemeds may suspend campaigns, restrict wallet usage or suspend account access.

5A.2 The Advertiser remains liable for valid campaign credits transferred and reasonable recovery costs.

5A.3 Truemeds may offset unpaid amounts against wallet balances, credits or future payments.

6. Reporting, Measurement and No Guarantee

6.1 Campaign delivery shall depend on bid, budget, relevance, ranking logic, inventory availability, user behaviour, policy checks, pacing controls, system constraints and other factors determined by Truemeds.

6.2 Truemeds does not guarantee impressions, clicks, conversions, ranking, reach, traffic, revenue, return on ad spend, share of voice, campaign continuity or availability of any inventory.

6.3 Truemeds may modify its measurement, attribution, reporting, dashboard presentation and billing logic from time to time.

7. Representations, Warranties and Covenants

The Advertiser represents, warrants and covenants that:

(a) it has all rights, licences, approvals, consents and authorisations necessary for the advertising, use and publication of all ad materials;

(b) all claims are accurate, lawful and adequately substantiated;

(c) all ad materials and promoted products/services comply with applicable law and the Policies;

(d) no prescription product advertising shall be carried out through self-serve;

(e) any agency using the Platform has valid authority from the relevant brand owner or Advertiser; and

(f) The Advertiser acknowledges and agrees that Truemeds acts only as a platform provider for advertising inventory and tools, and does not manufacture or verify the Advertiser’s products, services or claims.

8. Intellectual Property

8.1 The Advertiser retains ownership in its ad materials.

8.2 The Advertiser grants Truemeds a non-exclusive, worldwide, royalty-free, sublicensable right during the term to host, store, reproduce, adapt for technical formatting, display, distribute and publish ad materials on the Platform and Truemeds properties for campaign delivery, moderation, compliance review, reporting and related operations.

9. Endorsements and Sensitive Creative

Any creative featuring doctors, medical experts, influencers, testimonials or endorsements may only be used where expressly permitted by Truemeds, subject to prior approval, mandatory disclosures, adequate substantiation and such further conditions as Truemeds may prescribe.

10. Indemnity

The Advertiser shall defend, indemnify and hold harmless Truemeds, its affiliates and their respective directors, officers, employees and agents from and against all claims, actions, notices, proceedings, losses, liabilities, damages, penalties, costs and expenses arising out of or relating to:

(a) ad materials or promoted products/services;

(b) product claims, health claims or misleading advertisements;

(c) breach of this Agreement or the Policies;

(d) infringement or alleged infringement of third-party intellectual property rights;

(e) lack of authority, approval or brand authorisation; or

(f) acts or omissions of the Advertiser, its agency, vendors or representatives.

11. Limitation of Liability

11.1 Truemeds shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, or for any loss of profit, revenue, business, goodwill, opportunity or data, or for any platform downtime, delay, interruption or inventory unavailability.

11.2 To the maximum extent permitted by law, the aggregate liability of Truemeds arising out of or in connection with this Agreement, the Platform or any campaign shall not exceed the lesser of:

(a) the total fees actually received by Truemeds from the Advertiser during the three (3) months immediately preceding the first event giving rise to the claim; or

(b) INR 50,000.

11.3 Any claim by the Advertiser must be brought within one (1) year from the date the cause of action first arose, failing which such claim shall be permanently barred to the extent permitted by law.

12. Suspension, Termination and Survival

12.1 Truemeds may suspend or terminate the Advertiser’s access or any campaign immediately for breach, non-payment, suspected fraud, legal or regulatory risk, reputational risk or violation of Policies.

12.2 The Advertiser may stop using the Platform at any time, but all accrued obligations shall survive.

12.3 Clauses relating to payments, taxes, reporting finality, IP, indemnity, limitation of liability, dispute resolution and record retention shall survive termination.

12A. Force Majeure

Truemeds shall not be liable for delay, interruption or failure caused by events beyond its reasonable control, including natural disasters, epidemic, pandemic, war, riot, cyberattack, telecom failure, governmental action or third-party service outages.

13. Electronic Records, Amendments and Governing Law

13.1 The Advertiser consents to contract formation, notices, records and communications in electronic form. Truemeds may retain logs and records of acceptance, access, campaigns and communications as evidence.

13.2 Truemeds may amend this Agreement or the Policies from time to time by publishing updated versions on the Platform or otherwise notifying the Advertiser. Continued use after such update shall constitute acceptance.

13.3 This Agreement shall be governed by the laws of India. Courts at Mumbai shall have exclusive jurisdiction.

13A. Separate Agreements

If the parties have separately executed a written master services agreement, insertion order or other signed commercial agreement, that agreement shall prevail solely to the extent of direct inconsistency with this Agreement.

13B. Entire Agreement

This Agreement together with the Policies and any applicable signed written agreement constitutes the entire agreement between the parties relating to the Platform.

13C. Severability

If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13D. Waiver

Failure or delay to exercise any right shall not constitute a waiver.

13E. Electronic Acceptance

The Advertiser agrees that clicking acceptance buttons, checking boxes, digitally confirming consent, creating an account, funding the wallet, creating campaigns or otherwise using the Platform after notice of these terms constitutes valid and binding electronic acceptance of this Agreement.