Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the DaktariHub practice management platform ("Service"), operated by DaktariHub ("we", "us", "our"), a technology company registered in Kenya.

By creating an account or using the Service, you ("you", "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Definitions

• "Service" means the DaktariHub web application, including all features, tools, and data storage provided through it.
• "Account" means the user account created to access the Service.
• "Clinic" means the healthcare practice, clinic, hospital, or medical facility registered on the platform.
• "User" means any individual authorised to access a Clinic's account, including owners, doctors, nurses, receptionists, and lab technicians.
• "Patient Data" means any personal, medical, or health-related information entered into the Service.
• "Subscription" means the paid plan that grants continued access to the Service.

3. Eligibility

The Service is designed for licensed healthcare professionals and medical facilities operating in Kenya. By registering, you represent that:

• You are at least 18 years of age.
• You are a qualified healthcare professional or are authorised to act on behalf of a registered medical facility.
• The information you provide during registration is accurate and complete.

4. Account Registration & Security

You are responsible for:

• Maintaining the confidentiality of your login credentials and OTP codes.
• All activity that occurs under your account.
• Notifying us immediately at [email protected] if you suspect unauthorised access.

We implement two-factor authentication (email OTP), session timeouts, and role-based access controls. However, we cannot guarantee absolute security and are not liable for breaches caused by your failure to safeguard your credentials.

5. Free Trial

• New clinics receive a 30-day free trial on the Standard plan with full access to all features.
• No credit card or payment is required to start the trial.
• At the end of the trial, you must subscribe to a paid plan to continue using the Service.
• If you do not subscribe, your account will be suspended. Your data will be preserved but you will not be able to create new records until you subscribe.

6. Subscription & Payments

• Subscriptions are billed monthly in Kenyan Shillings (KES).
• Payments are made via M-Pesa. You must send the exact subscription amount to our designated paybill number and enter the M-Pesa confirmation code to activate or renew your subscription.
• Upgrades take effect immediately. You pay the prorated difference for the remainder of your billing period.
• Downgrades take effect at the end of your current billing period. If your new plan has a lower staff limit, you must choose which staff members to keep before the downgrade is applied.
• Subscription fees are non-refundable once activated, except where required by applicable law.
• We reserve the right to change pricing with 30 days' notice via email. Existing subscriptions will honour the current price until the next renewal.

7. Suspension & Termination

• Non-payment: If your subscription expires and is not renewed, your account will be suspended after a grace period. During suspension, your data is preserved but read-only — you cannot add new records.
• Violation of Terms: We may suspend or terminate your account immediately if you breach these Terms, use the Service for unlawful purposes, or submit false payment information (e.g., fraudulent M-Pesa codes).
• Your right to terminate: You may stop using the Service at any time. Contact [email protected] to request account deletion.

8. Data Ownership & Your Responsibilities

• Your data remains yours. You retain all ownership rights to the Patient Data and other content you enter into the Service.
• You are responsible for the accuracy and legality of all data you enter.
• You must obtain all necessary consents from patients before entering their personal and medical information into the Service.
• You must comply with the Kenya Data Protection Act, 2019 and all applicable healthcare regulations.
• We will not sell, share, or use your Patient Data for any purpose other than providing the Service to you.

9. Data Security

We take the security of Patient Data seriously and implement the following measures:

• Encryption at rest: All sensitive patient fields (names, ID numbers, vitals, clinical notes, prescriptions, lab results) are encrypted before being stored.
• Encryption in transit: All connections to DaktariHub are secured with HTTPS.
• Two-factor authentication: A verification code is required on every login.
• Role-based access: Staff members only see data appropriate to their role.
• Regular backups: Database backups are encrypted and stored in secure offsite storage.
• Audit logging: Access to sensitive patient records is logged.

10. Acceptable Use

You agree not to:

• Use the Service for any purpose other than legitimate healthcare practice management.
• Share your login credentials or allow unauthorised access.
• Attempt to reverse-engineer, decompile, or extract the source code of the Service.
• Upload malicious code, viruses, or attempt to disrupt the Service.
• Submit false or fraudulent payment information, including invalid M-Pesa confirmation codes.
• Use the Service to store data that is not related to your medical practice.

11. Intellectual Property

The Service, including its design, code, branding, logos, and documentation, is the intellectual property of DaktariHub and is protected by Kenyan and international copyright laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for the duration of your subscription.

12. Limitation of Liability

• The Service is provided "as is" without warranties of any kind, express or implied.
• We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
• DaktariHub is a practice management tool, not a medical device. We are not responsible for clinical decisions made using information in the Service.
• To the maximum extent permitted by law, our total liability for any claim arising from the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages.

13. Indemnification

You agree to indemnify and hold harmless DaktariHub, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your breach of these Terms, or your violation of any applicable law.

14. Service Availability & Modifications

• We aim for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible.
• We may modify, update, or discontinue features of the Service at any time. Material changes will be communicated via email or in-app notice.

15. Governing Law & Dispute Resolution

• These Terms are governed by the laws of the Republic of Kenya.
• Any disputes shall first be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the courts of Nairobi, Kenya.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top and notify registered users via email. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

17. Contact Us

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

• Email: [email protected]
• Address: Nairobi, Kenya