Terms and Conditions

1. ACCEPTANCE OF TERMS

1.1 These Terms and Conditions ("Terms") govern your access to and use of the eLupihaler mobile application ("App"), the associated cloud platform, and any related services (collectively, the "Services") provided by Lupin Limited ("Lupin", "we" "us", or "our").
1.2 By downloading, installing, registering for, or using the App, you ("User", "you", or "your") confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
1.3 If you do not agree to these Terms, you must immediately uninstall the App and discontinue use of the Services.
1.4 These Terms apply to all categories of users, including patients and caregivers (as defined below).

2. DEFINITIONS

2.1 "App" means the eLupihaler mobile application available on Android (version 7.0 and above) and Apple iOS (version 16.0 and above).
2.2 "Device" means the eLupihaler smart dry powder inhaler (DPI) hardware device, including its electronic monitoring module, that pairs with the App via Bluetooth.
2.3 "Patient" means an individual who uses the Device and/or the App to manage their own inhaler usage and medication schedule.
2.4 "Caregiver" means a healthcare professional, family member or other authorized individual who is granted access by a Patient to remotely monitor the Patient's inhalation data and usage reports.
2.5 "Health Data" means any data generated through use of the Device and the App, including inhalation flow rate, inhalation duration, medication usage records, dosage schedules, and usage reports.
2.6 "Cloud Platform" means the cloud-based server infrastructure (hosted on Amazon Web Services) used to store, process, and transmit Health Data and to provide the web-based dashboard.
2.7 "Dashboard" means the web-based portal accessible to authorized Lupin personnel displaying anonymized, aggregated usage data for analytics and business insights.
2.8 "Personal Information" means any information that identifies or can reasonably identify you, including your name, mobile number, gender, and Health Data.

3. ELIGIBILITY AND REGISTRATION ON THE APP

3.1 Age Requirement. You must be at least 18 years of age to register for and use the App independently. Minors may use the App only under the supervision of a parent, legal guardian, or authorized Caregiver who accepts these Terms on their behalf.
3.2 Registration. To access the App, you must register using a valid mobile number. You will receive a one-time password (OTP) for verification. You agree to provide accurate, current and complete information during registration and to update such information as is necessary from time to time.
3.3 Role Selection. During registration, you must select your role as either a Patient or a Caregiver. You are responsible for selecting the correct role and for all activities conducted for the role selected by You under your account.
3.4 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Lupin immediately of any unauthorized use of your account.
3.5 One Account Per User. Each individual shall maintain only one active account. Lupin reserves the right to terminate duplicate accounts.

4. DESCRIPTION OF SERVICES

4.1 Inhalation Monitoring. The App connects to the Device via Bluetooth to capture, display, and analyze peak inhalation flow rate and inhalation duration in real time, providing feedback on inhalation technique.
4.2 Medication Reminders. The App sends push notifications and reminders to help Patients adhere to their prescribed medication schedule.
4.3 Usage Reports. The App generates daily, weekly, and monthly usage reports to help Patients and Caregivers track DPI usage and inhalation technique over time.
4.4 Environmental Alerts. Based on your location, the App provides real-time updates on air quality index (AQI), temperature, and humidity.
4.5 Caregiver Access. Patients may invite Caregivers to access their Health Data remotely through the App and Cloud Platform. Caregivers may review usage data, provide feedback, and suggest corrective actions.
4.6 Cloud Backup. Health Data is automatically and securely backed up to the Cloud Platform to enable long-term access, analysis and Caregiver monitoring.
4.7 Anonymized Dashboard. Aggregated and anonymized data may be made accessible to authorized Lupin personnel through the Dashboard for business analytics and healthcare insights. Individual Patient data will not be identifiable through the Dashboard.
4.8 Out of Scope. The App does not include automated chat support or AI-driven diagnostic features. The App is not a substitute for professional medical advice, diagnosis or treatment.

5. DEVICE REQUIREMENTS AND PERMISSIONS

5.1 Compatible Devices. The App is compatible with Android smartphones running OS version 7.0 or above and Apple iPhones running iOS version 16.0 or above. Lupin does not guarantee performance on all device models or OS versions.
5.2 Bluetooth Permission. The App requires Bluetooth access to communicate with the eLupihaler Device. You must grant Bluetooth permissions for the App to function correctly.
5.3 Location Permission. The App requires access to your device's location to provide accurate air quality and environmental data for your current location. Location data is used solely for this purpose and is not stored beyond what is necessary to deliver the service.
5.4 Notification Permission. The App requires permission to send push notifications to deliver medication reminders and alerts.
5.5 Internet Connectivity. An active internet connection is required to sync Health Data to the Cloud Platform, receive environmental updates, and access usage reports.

6. HEALTH AND MEDICAL DISCLAIMER

6.1 Not a Medical Device (Software). The App is a digital health support tool designed to assist with medication adherence and inhalation technique monitoring. It is intended to complement and not replace the professional medical advice and guidance of a qualified healthcare provider.
6.2 No Medical Advice. The information, feedback, and data provided through the App do not constitute medical advice, diagnosis or treatment recommendations. Always consult your doctor or healthcare provider regarding your medical condition and treatment plan.
6.3 Inhalation Data Accuracy. While the App and the Device are designed to accurately measure inhalation metrics, sensor readings may be affected by device calibration, hardware variability or user technique. Lupin does not warrant that inhalation data will be error-free or suitable for clinical decision-making.
6.4 Emergency Situations. The App is not designed for use in medical emergencies. In the event of a medical emergency, contact emergency services immediately.
6.5 Prescribed Regimen. The App supports adherence to your prescribed medication schedule but does not modify or override your healthcare provider’s prescription. Always follow your healthcare provider's instructions.

7. DATA PRIVACY AND PROTECTION

7.1 Data Collection. By using the App, you consent to the collection, processing and storage of your Personal Information and Health Data as described in our Privacy Policy and these Terms.
7.2 Data Storage. Your Health Data is stored on the Cloud Platform. Lupin and its technology partner (iCaltech) implement appropriate technical and organizational measures to protect your data.
7.3 Encryption. All data transmitted between the App, the Device and the Cloud Platform is protected using end-to-end encryption. Data at rest on the Cloud Platform and mobile device is also encrypted.
7.4 Caregiver Data Sharing. By adding a Caregiver, you expressly consent to sharing your Health Data with that Caregiver. You may revoke Caregiver access at any time through the App settings. Lupin is not responsible for how Caregivers use data, including Personal Information and Health Data, once access is granted.
7.5 Anonymized Data. Lupin may use anonymized and aggregated Health Data for internal analytics, product improvement and healthcare research. Such data will not identify you personally.
7.6 Data Retention. Lupin will retain your Personal Information and Health Data for as long s your account is active or as required by Applicable Law (defined hereinafter). You may request deletion of your data by contacting us
7.7 Applicable Law. Data processing is conducted in compliance with applicable Indian data protection laws, including the Digital Personal Data Protection Act, 2023 ("DPDPA") and rules made thereunder, and, where applicable, other relevant data protection laws and regulations. The App is intended for use within India.
7.8 Third-Party Data. The App integrates with third-party services for weather and air quality data. Such third parties have their own privacy policies, and Lupin is not responsible for their data practices.

8. USER OBLIGATIONS

8.1 You agree to:

Use the App and the Device only for their intended purpose of managing inhaler usage and medication adherence;
Provide accurate and truthful information during registration and profile setup;
Follow all instructions provided in the App and the eLupihaler Instruction Manual;
Keep your account credentials confidential and not share them with unauthorized persons;
Ensure that any Caregiver you add is a person you trust and authorize to access your Personal Information and Health Data;
Maintain your Device in accordance with the manufacturer's instructions;
Promptly report any technical issues, inaccuracies in data, or security concerns to Lupin; and
Comply with all Applicable Laws and regulations in connection with your use of the App.

8.2 You agree not to nor shall you:

Use the App for any unlawful, fraudulent or unauthorized purpose;
Attempt to reverse engineer, decompile, disassemble or tamper with the App or its underlying software;
Interfere with or disrupt the App, Cloud Platform or associated servers or networks;
Upload or transmit any malicious code, viruses or harmful content;
Attempt to gain unauthorized access to other users' accounts or data;
Use the App to collect or harvest data about other users without their consent; or
Misrepresent your identity or role (Patient or Caregiver) within the App.

9. CAREGIVER-SPECIFIC TERMS

9.1 Caregivers may only access a Patient's Health Data after the Patient has expressly invited and authorized them through the App.
9.2 Caregivers must use Health Data solely for the purpose of monitoring and supporting the Patient's medication adherence and inhalation technique.
9.3 Caregivers must not share, disclose or use a Patient's Health Data for any purpose other than as authorized by the Patient.
9.4 Caregivers are responsible for maintaining the confidentiality of any Health Data they access and for complying with all applicable privacy and data protection laws.
9.5 A Patient may revoke a Caregiver's access at any time. Upon revocation, the Caregiver must cease accessing the Patient's data and the App.

10. INTELLECTUAL PROPERTY

10.1 Ownership. The App, its content, features, functionality, software, design, trademarks, logos, and all related intellectual property rights are owned by Lupin and are protected under applicable intellectual property laws.
10.2 License Grant. Subject to your compliance with these Terms, Lupin grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal mobile device solely for your personal, non-commercial use in connection with the eLupihaler Device.
10.3 Restrictions. You shall not copy, modify, distribute, sell, sublicense, or create derivative works of the App or any part thereof without Lupin's prior written consent.
10.4 User Content. You retain ownership of any data you input into the App. By using the App, you grant Lupin a license to process and use your data as described in these Terms and the Privacy Policy.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 As-Is Basis. The App and Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
11.2 No Guarantee of Availability. Lupin does not warrant that the App will be uninterrupted, error-free, or free from viruses or other harmful components. Scheduled maintenance, updates, or unforeseen technical issues may result in temporary unavailability.
11.3 Limitation of Liability. To the maximum extent permitted by applicable law, Lupin, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the App or Services, including but not limited to loss of data, loss of health outcomes, or reliance on inhalation data.
11.5 Medical Outcomes. Lupin is not liable for any adverse health outcomes resulting from reliance on App data, inhalation feedback, or medication reminders. Users are solely responsible for following their prescribed medical treatment.

12. INDEMNIFICATION

12.1 You agree to indemnify, defend, and hold harmless Lupin and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your use or misuse of the App or Services;
Your violation of these Terms;
Your violation of any applicable laws or regulations;
Any data you submit through the App; or
Any unauthorized access to another user's account or data facilitated by you; or
Any act or omission or violation on part of the Caregiver.

13. UPDATES AND MODIFICATIONS

13.1 App Updates. Lupin may release updates, patches, or new versions of the App from time to time. Certain updates may be required for continued use of the App. Lupin is not responsible for any issues arising from your failure to install required updates.
13.2 Changes to Terms. Lupin reserves the right to modify these Terms at any time. We will notify you of material changes through the App or via your registered mobile number. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms.
13.3 App or Services Changes. Lupin reserves the right to modify, suspend or discontinue any feature or the entire App at any time, with or without notice, and without liability to you.

14. SUSPENSION OR TERMINATION

14.1 Suspension or Termination by Lupin. Lupin may suspend or terminate your access to the App immediately, without prior notice, if:

You breach any provision of these Terms;
Lupin is required to do so by law or regulatory authority;
Lupin discontinues the App or Services; or
Your account has been inactive for an extended period as determined by Lupin.

14.2 Effect of Suspension or Termination. Upon suspension or termination, your license to use the App ceases immediately. Lupin may retain your data as required by Applicable Law. Provisions of these Terms that by their nature should survive termination, shall so survive.

15. GOVERNING LAW

15.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
15.2 Jurisdiction. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

16. SECURITY

16.1 Lupin implements industry-standard security measures, including end-to-end encryption, multi-factor authentication, role-based access controls, secure API gateways (OAuth 2.0), firewalls, and intrusion detection systems to protect your data.
16.2 Notwithstanding the foregoing, no method of electronic transmission or storage is completely secure. Lupin cannot guarantee absolute security of your data and is not liable for unauthorized access resulting from circumstances beyond its reasonable control.
16.3 You are responsible for maintaining the security of your mobile device and for promptly reporting any suspected unauthorized access to your account.

17. GRIEVANCE REDRESSAL

17.1 At any time, in case you are experiencing any difficulty in accessing or using the App or need any clarity with respect to the Services available on the App, you may reach out to the customer care team (“Customer Care”)

18. GENERAL PROVISIONS

18.1 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.2 Waiver. Lupin's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without Lupin's prior written consent. Lupin may assign these Terms without any restriction.
18.4 Force Majeure. Lupin shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, government actions, internet outages or third-party service failures.
18.5 Language. These Terms are drafted in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.
18.6 Contact Us. For any questions, concerns, or support requests regarding these Terms or the App, please contact:

Lupin Limited
Kalina, Santacruz East, Mumbai - 400 098, Maharashtra, India
Email: https://www.lupin.com/

By clicking on “I Accept”, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.