Terms of Service

1. Who these terms apply to

These Terms of Service ("Terms") are an agreement between Medisphere ("we", "us") and the healthcare organization that registers an account ("the Clinic", "you"). The person who registers confirms that they are authorized to bind the Clinic. The Clinic's account owner accepts these Terms on behalf of the Clinic and everyone it invites; the Clinic makes sure its staff follow them.

The Privacy Policy, Acceptable Use Policy and Data Processing Agreement form part of these Terms.

2. The service

Medisphere provides software for running a clinic: patient registration, outpatient and inpatient care, laboratory, pharmacy, billing, inventory, HR and payroll, and the related reports. Features available to you depend on your plan and on the modules your organization enables.

3. Accounts and access

• The Clinic decides who receives an account and which permissions each staff member holds, and must remove access promptly when someone leaves.
• Each account is for one person. Sharing passwords or sessions is not allowed, because the audit trail must show who did what.
• You must keep credentials confidential and tell us at security@medisphere.com if you suspect an account has been compromised.

4. Clinical responsibility

Medisphere is a records and workflow tool. It does not diagnose, prescribe or give medical advice. Reference ranges, flags, alerts and reports are aids, and licensed professionals at the Clinic remain responsible for every clinical decision and for checking the information they rely on.

5. Your data

The Clinic owns the data it enters, including patient records ("Clinic Data"). For Clinic Data the Clinic is the data controller and we are its data processor under Law No. 058/2021 of 13/10/2021 relating to the protection of personal data and privacy. We process Clinic Data only to provide the service and as described in the Data Processing Agreement. We do not sell Clinic Data or use it for advertising.

The Clinic is responsible for having a lawful basis for the patient data it records, for informing patients how their data is used, and for recording patient consent where the law requires it. Medisphere provides consent records on each patient profile for this purpose.

6. Subscription, trial and payment

• A paid plan is needed to use the service. MEDISPHERE may offer an organization a free trial at its discretion.
• Fees are shown in the app before you subscribe and are billed in advance for each billing period.
• We send reminders before a subscription ends. If it ends without being renewed, the organization's staff lose access to the service until payment is received; they can still sign in to pay, and patients keep access to their own records through the patient portal. We will not delete Clinic Data because of late payment without the notice described in section 9.

7. Availability and support

We work to keep the service available and secure, take regular backups and announce planned maintenance in advance where possible. Because outages can happen, the Clinic should keep a fallback procedure, such as paper forms, for urgent care.

8. Acceptable use

You must use Medisphere in line with the Acceptable Use Policy. We may suspend an account that puts patients, other customers or the service at risk, and we will tell you why.

9. Ending the agreement

• The Clinic can cancel at any time from Settings. Cancellation takes effect at the end of the current billing period.
• After the account closes, Clinic Data is kept available for export for 90 days. After that we delete it, except where Rwandan law requires us to keep it longer.
• We may end these Terms for a serious breach that is not fixed within 30 days of written notice.

10. Liability

The service is provided with reasonable skill and care. To the extent the law allows, neither party is liable for indirect or consequential loss, and our total liability in any 12-month period is limited to the fees the Clinic paid us in that period. Nothing in these Terms limits liability that cannot be limited by law, including liability for gross negligence or wilful misconduct.

11. Changes to these Terms

When we change these Terms materially, we publish the new version here with a new effective date, notify the Clinic in advance, and ask the Clinic's account owner to accept the new version the next time they sign in.

12. Governing law and disputes

These Terms are governed by the laws of the Republic of Rwanda. The parties will first try to resolve any dispute in good faith. If that fails within 30 days, the dispute goes to the competent courts in Kigali.

13. Contact

Questions about these Terms: legal@medisphere.com.