Terms of Service

1. This agreement

These terms are between Hansel Technologies ([exact registered name and company registration number]), of 12th Floor, Westpark Towers, Mpesi Lane, Nairobi, Kenya (“we”, “us”), and the clinic that subscribes to AfyaIQ (“you”, “the Clinic”).

They apply together with the Privacy Policy, the Data Processing Agreement, and the order form or quotation recording your seats and fees. Where an order form conflicts with these terms, the order form wins.

By creating an account or using AfyaIQ, you accept these terms. The person accepting confirms they are authorised to bind the Clinic.

2. What AfyaIQ is

AfyaIQ is subscription software for running a clinic: patient records, visits, prescriptions, pharmacy stock, billing and M-Pesa payments, appointment and follow-up reminders, clinical registries, analytics, and AI-assisted decision support.

We provide it as a service over the internet. You do not receive a copy of the software and we grant no licence beyond the right to use it as described here for the duration of your subscription.

3. Accounts and seats

• Your subscription covers a stated number of named user seats. A seat is one person. Sharing a login between staff defeats the audit trail that protects both of us, and is not permitted.
• You are responsible for what happens under your accounts. Tell us promptly at info@hanseltechnologies.co.ke if you believe an account has been compromised.
• Your clinic administrator controls who has an account and what role they hold. Remove leavers promptly — we cannot know that someone has left your employment.
• You need extra seats to add users beyond your subscribed number.

4. Fees and payment

• Setup and subscription fees are those stated in your order form. Fees are in Kenya Shillings and exclusive of any applicable taxes.
• Setup fees are one-time and non-refundable once we have configured your clinic.
• Subscription fees are payable in advance for the agreed period.
• AI credits are prepaid, consumed per AI request, and expire as stated at purchase. They are non-refundable and non-transferable between clinics. When your balance reaches zero, AI features stop; the rest of AfyaIQ keeps working.
• If an invoice is more than 30 days overdue we may suspend access after giving you at least 14 days’ written notice. We will not delete your data for non-payment without following section 9.
• We may change fees for a renewal period on 60 days’ written notice before renewal. We will not change fees mid-period.

5. Your data belongs to you

• All patient records, clinical data and financial records you enter remain yours. We claim no ownership over them.
• You can export your data at any time while your subscription is active.
• We process your data only to provide the service, as set out in the Data Processing Agreement. We do not sell it, mine it for our own purposes, or use it to train AI models.
• You are responsible for the lawfulness of the data you put in — including having a lawful basis to hold each patient’s records and, where you enable AI features, recording that patient’s consent.

7. Availability and support

• We aim for high availability but do not commit to a guaranteed uptime percentage under these terms. We would rather state that plainly than promise a figure we do not yet measure. [Replace with a measured SLA once uptime monitoring is in place].
• We may take the service down for planned maintenance. Where we can, we will give notice and choose a time outside clinic hours.
• Support is available by email at info@hanseltechnologies.co.ke and by phone on +254 787 600 403 during business hours. [Confirm support hours and target response times].
• We back up the database. Backups are for our disaster recovery. They are not a substitute for exporting your own records.

8. Acceptable use

You must not:

• enter data about a person you have no lawful basis to hold;
• use AfyaIQ to attempt to access another clinic’s data;
• probe, scan or test the security of the service without our written permission;
• resell, sublicense or provide AfyaIQ to a third party as your own service;
• use the service to break Kenyan law, or to breach your professional obligations.

We may suspend an account immediately, without prior notice, where we reasonably believe it is being used to access patient data unlawfully. We will tell you why, in writing, as soon as we do.

9. Ending the agreement

• You may cancel at any time with 30 days’ written notice. Fees already paid for the current period are not refunded, and you keep access until that period ends.
• We may terminate for material breach that you have not fixed within 30 days of written notice, or immediately for the conduct in section 8.
• On termination, you have 90 days to export your data. During that window we keep it available on request. After 90 days we permanently delete it, and purge it from backups within a further 30 days.
• Export your records before that window closes. Your obligation to retain medical records under Kenyan law is yours, not ours, and once we delete, the data is gone.
• We will not hold your data hostage over a payment dispute. You can export your records during the 90-day window regardless of what you owe us.

10. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be limited.

Subject to that:

• Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or anticipated savings.
• Our total liability in any 12-month period is limited to the fees you paid us in that period.
• We are not liable for clinical decisions made by your staff, nor for loss arising from reliance on AI output that was not reviewed by a clinician as section 6 requires.
• We are not liable for failures of third-party networks or services outside our control — M-Pesa, SMS carriers, WhatsApp, or your own internet connection.

11. Changes to these terms

We may update these terms. For material changes we will give at least 30 days’ notice by email to your clinic administrator. If a change materially disadvantages you and you tell us within that period, you may terminate without penalty and we will refund the unused portion of your current period.

12. Governing law

These terms are governed by the laws of Kenya. The courts of Kenya have exclusive jurisdiction. Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion for 30 days.