Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and EzeHealth (Pty) Ltd ("EzeHealth", "we", "our", "us"), a company registered in the Republic of South Africa.

By accessing or using the EzeHealth platform, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" and "your" shall refer to that organisation.

2. Description of Service

EzeHealth is a cloud-based healthcare management platform designed for care facilities in South Africa. The Service provides tools for, but not limited to:

• Patient records management and care plan documentation
• Medication tracking and administration logging
• Staff management and shift scheduling
• Billing, invoicing, and financial reporting
• Vitals monitoring and health assessments
• Compliance reporting and document management

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable. We will endeavour to notify you of significant changes via email or through the platform.

3. Account Registration and Security

To access the Service, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that all users within your facility comply with these Terms
• Notifying us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that are found to contain inaccurate information or that are used in violation of these Terms.

4. User Obligations

By using the Service, you agree to:

• Use the Service only for lawful purposes and in accordance with these Terms
• Comply with all applicable South African laws and regulations, including the Protection of Personal Information Act (POPIA), the National Health Act, and any other relevant healthcare legislation
• Ensure that all data entered into the platform is accurate and that you have the necessary consent or legal authority to process such data
• Not attempt to gain unauthorised access to any part of the Service, other accounts, or systems connected to the Service
• Not use the Service to transmit any harmful code, malware, or content that is unlawful, threatening, abusive, or otherwise objectionable
• Not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission
• Maintain appropriate backups of your data as a precautionary measure

5. Subscription and Payment

Access to the Service is provided on a subscription basis. By subscribing, you agree to the following:

• Billing Cycle: Subscriptions are billed monthly in advance. All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated.
• Demo Access: Prospective clients may be granted access to a demonstration environment. Demo access is provided for evaluation purposes only and does not constitute a subscription.
• Plan Changes: You may upgrade or downgrade your plan at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the end of the current billing period.
• Late Payment: If payment is not received within 14 days of the due date, we reserve the right to suspend access to the Service until the outstanding amount is settled.
• Price Changes: We reserve the right to modify pricing with at least 30 days' written notice. Continued use of the Service after the price change constitutes acceptance of the new pricing.

6. Data Ownership and Processing

You retain all ownership rights to the data you enter into the platform ("Your Data"). We do not claim ownership of Your Data. By using the Service, you grant us a limited licence to host, store, process, and display Your Data solely for the purpose of providing the Service.

We process Your Data as a data operator on your behalf, as defined under POPIA. You remain the responsible party for all personal information processed through the platform. We will process Your Data in accordance with our Privacy Policy and any applicable data processing agreement.

Upon termination of your subscription, you may request an export of Your Data within 30 days. After this period, we will delete Your Data in accordance with our data retention policy, unless retention is required by law.

7. Intellectual Property

The Service, including all software, designs, text, graphics, logos, icons, and other content (collectively, "EzeHealth Materials"), is the property of EzeHealth (Pty) Ltd and is protected by South African and international intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription.

You may not copy, modify, distribute, sell, or lease any part of the EzeHealth Materials, nor may you reverse engineer or attempt to extract the source code of the software, except as permitted by law.

8. Limitation of Liability

To the maximum extent permitted by South African law:

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
• EzeHealth shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.
• Our total aggregate liability to you for any claims arising from the use of the Service shall not exceed the total amount paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including liability for fraud or gross negligence.

9. Indemnification

You agree to indemnify, defend, and hold harmless EzeHealth, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

10. Termination

Either party may terminate the subscription as follows:

• By You: You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation takes effect at the end of the current billing period.
• By Us: We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to make payment, or engage in conduct that we reasonably determine to be harmful to the Service or other users.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. Sections regarding data ownership, intellectual property, limitation of liability, indemnification, and governing law shall survive termination.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet disruptions, or strikes.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, with the Gauteng Division of the High Court, Pretoria, having jurisdiction.

13. Dispute Resolution

In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may:

• Refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA).
• If mediation is unsuccessful, refer the dispute to arbitration under AFSA rules. The arbitration shall take place in George, Western Cape, South Africa, and shall be conducted in English.
• The decision of the arbitrator shall be final and binding on both parties.

Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and EzeHealth with respect to the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Amendments: We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact Us

If you have any questions about these Terms, please contact us: