1. Introduction

Welcome to AfiaSync, an Electronic Health Records (EHR) Software-as-a-Service (SaaS) platform designed for healthcare providers across Africa. These Terms of Use ("Terms") govern your use of the AfiaSync platform, including all software, services, and applications provided by AfiaSync LLC ("Company," "we," "us," or "our").

By accessing or using AfiaSync, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Service Description

AfiaSync is a cloud-based EHR platform that enables healthcare providers to:

• Manage patient records and medical information
• Schedule and track appointments
• Coordinate care between healthcare professionals
• Generate reports and analytics
• Maintain compliance with healthcare regulations

The platform is built on Microsoft Azure infrastructure, with data stored in the Azure South Africa North region to ensure data residency compliance.

3. Eligibility and Registration

3.1 Eligible Users

AfiaSync is intended for use by:

• Licensed healthcare providers
• Healthcare facilities and clinics
• Healthcare administrators and staff
• Authorized personnel acting on behalf of healthcare organizations

3.2 Account Registration

To use AfiaSync, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Ensure all users from your organization comply with these Terms

4. License and Usage Rights

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use AfiaSync solely for your legitimate healthcare operations.

4.2 Permitted Uses

You may use AfiaSync to:

• Store, manage, and access patient health information
• Generate reports for clinical and administrative purposes
• Facilitate communication between healthcare providers
• Comply with healthcare regulations and standards

4.3 Prohibited Uses

You may not:

• Use the platform for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to other users' data
• Reverse engineer, decompile, or disassemble the software
• Share your account credentials with unauthorized persons
• Use the platform to store non-healthcare related data
• Violate any applicable healthcare regulations or professional standards

5. Data Ownership and Responsibilities

5.1 Data Ownership

• Patient Data: You retain ownership of all patient data entered into AfiaSync
• Platform Data: We retain ownership of the AfiaSync software, technology, and infrastructure
• Aggregated Data: We may use anonymized, aggregated data for platform improvement and analytics

5.2 Your Responsibilities

You are responsible for:

• Ensuring the accuracy and completeness of data entered
• Obtaining necessary patient consents for data processing
• Complying with applicable healthcare regulations (HIPAA, POPIA, etc.)
• Implementing appropriate organizational safeguards
• Promptly reporting any suspected security incidents

5.3 Our Responsibilities

We are responsible for:

• Maintaining the security and availability of the platform
• Implementing technical safeguards to protect your data
• Providing backup and disaster recovery services
• Ensuring compliance with applicable data protection laws

6. Security and Compliance

6.1 Security Measures

We implement industry-standard security measures including:

• End-to-end encryption of data in transit and at rest
• Multi-factor authentication
• Role-based access controls
• Regular security audits and penetration testing
• Comprehensive audit logging

6.2 Compliance Standards

AfiaSync is designed to comply with:

• Health Insurance Portability and Accountability Act (HIPAA)
• Protection of Personal Information Act (POPIA)
• ISO 27001 information security standards
• Other applicable healthcare and data protection regulations

7. Service Availability and Support

7.1 Service Level

We strive to maintain 99.9% uptime for the AfiaSync platform. Planned maintenance will be communicated in advance whenever possible.

7.2 Support Services

We provide:

• Technical support during business hours (South African Standard Time)
• Online documentation and training resources
• Regular platform updates and feature enhancements

7.3 Service Limitations

We are not liable for service interruptions due to:

• Force majeure events
• Third-party service provider outages
• Scheduled maintenance
• Actions by you or your users that violate these Terms

8. Fees and Payment

8.1 Subscription Fees

Use of AfiaSync requires payment of subscription fees as outlined in your service agreement. Fees are billed in advance and are non-refundable except as required by law.

8.2 Payment Terms

• Payments are due according to your selected billing cycle
• Late payments may result in service suspension
• Price changes will be communicated 30 days in advance

9. Limitation of Liability

9.1 Disclaimer

9.2 Limitation

9.3 Exclusions

10. Termination

10.1 Termination by You

You may terminate your subscription at any time by providing 30 days' written notice.

10.2 Termination by Us

We may terminate your access immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in conduct that could harm the platform or other users

10.3 Effect of Termination

Upon termination:

• Your access to AfiaSync will cease
• You may export your data for 30 days after termination
• We will delete your data according to our data retention policy

11. Governing Law and Jurisdiction

These Terms are governed by the laws of South Africa. Any disputes arising from these Terms or your use of AfiaSync shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or platform notification at least 30 days before the effective date. Continued use of AfiaSync after changes become effective constitutes acceptance of the new Terms.

13. Contact Information

For questions about these Terms, please contact us: