Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between Riconets Ventures Limited (“Riconets,” “we,” “us,” or “our”) and the person or entity (“you,” “your,” or “Customer”) that accesses or uses AfyaFlow, including our website at www.afyaflow.org, cloud software, APIs where offered, demonstration environments, and related support or professional services we expressly agree to provide (collectively, the “Services”). By creating an account, subscribing, clicking to accept, or using the Services, you agree to these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.

1. Eligibility and registration

You must be at least eighteen (18) years old and capable of entering a binding contract. You agree to provide accurate, current, and complete registration information and to update it promptly. You are responsible for safeguarding credentials and for all activity under your account. Notify us immediately of any unauthorised use. We may refuse registration or suspend accounts that violate these Terms or present security or legal risk.

2. Description of the Services

AfyaFlow is a cloud-based platform designed to help licensed healthcare facilities manage clinical, operational, and financial workflows (for example, patient records, pharmacy, laboratory, billing, reporting, and optional modules enabled for your subscription). The Services are provided on an “as available” basis. Features may vary by plan, configuration, and jurisdiction. We may modify, enhance, or discontinue non-material aspects of the Services with reasonable notice where practicable; material adverse changes will be addressed in accordance with your subscription agreement or order form where one exists.

3. Demonstrations and evaluation access

We may offer time-limited demonstration or trial access at our discretion. Demo environments may contain sample data only. You must not use demo access for production clinical care, must not attempt to circumvent expiry or access controls, and must comply with any additional rules we communicate for such access.

4. Subscriptions, fees, and payment

Paid access to AfyaFlow requires an active subscription or other commercial arrangement confirmed by us. Fees, billing cycles, taxes, and currency are as stated at checkout, in your order, or in a separate agreement. Unless otherwise stated, fees are non-refundable except where mandatory law requires otherwise.

Payments may be processed through integrated channels (such as M-Pesa where enabled) or by other means we specify. Where in-application payment is temporarily unavailable, we may provide alternative instructions (for example, PayBill numbers and account references). You are responsible for providing correct payment details and retaining proof of payment. Late or failed payment may result in suspension or termination of access after notice where reasonable.

5. Customer data and your responsibilities

You retain ownership of data you or your authorised users submit to the Services (“Customer Data”), including patient-identifiable and health-related information. You grant Riconets a worldwide, non-exclusive licence to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and improve the Services and as required by law. You represent and warrant that you have all rights and lawful bases necessary to submit Customer Data and that your use of the Services complies with applicable healthcare privacy laws, professional standards, and licensing obligations in Kenya and elsewhere as relevant to your practice.

You must not use the Services for unlawful, harmful, or fraudulent purposes, including unauthorised access to systems or data, distribution of malware, harassment, or infringement of intellectual property. You are responsible for configuring user roles, backups where offered as a feature, and operational policies within your organisation.

6. Our intellectual property

Riconets and its licensors own all rights, title, and interest in the Services, software, documentation, branding, and related materials, excluding your Customer Data. Except for the limited rights expressly granted in these Terms, no licence is implied. You may not copy, modify, reverse engineer, decompile, or create derivative works from the Services except to the extent mandatory law permits and only after written notice to us.

7. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and use it only for purposes of these Terms. This obligation does not apply to information that is public through no fault of the receiver, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice where permitted).

8. Third-party services and integrations

The Services may interoperate with third-party products (for example, payment networks, SMS gateways, or diagnostic equipment interfaces). Those third parties are solely responsible for their offerings. Your use of integrations may be subject to additional fees or terms from the provider.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CLINICAL OUTCOMES WILL RESULT FROM USE OF THE SOFTWARE. AFYAFLOW IS A TOOL TO SUPPORT PROFESSIONAL JUDGMENT; IT DOES NOT REPLACE QUALIFIED MEDICAL ADVICE OR EMERGENCY SERVICES.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RICONETS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IN ANY TWELVE (12) MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO RICONETS FOR THE SERVICES DURING THAT PERIOD OR (B) WHERE NO FEES WERE PAID (FOR EXAMPLE, PURELY FREE EVALUATION), FIVE THOUSAND KENYA SHILLINGS (KES 5,000). THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH CAPS ARE DISALLOWED.

11. Indemnity

You will defend, indemnify, and hold harmless Riconets and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Customer Data, your use of the Services in breach of these Terms, or your violation of law or third-party rights. We may assume exclusive defence and control of any matter subject to indemnification at your expense, and you will cooperate fully.

12. Suspension and termination

We may suspend access immediately if we reasonably believe there is a security incident, breach of these Terms, risk to other customers, or legal requirement. Either party may terminate for material breach that remains uncured thirty (30) days after written notice, or immediately if the breach is not curable. Upon termination, your right to use the Services ceases. We will follow our data retention and export practices described in our Privacy Policy and any separate data-processing terms. Provisions that by nature should survive (including intellectual property, disclaimers, limitations, indemnity, and dispute resolution) will survive termination.

13. Export and sanctions compliance

You agree to comply with applicable export control and sanctions laws. You may not use or export the Services in violation of Kenyan law or other applicable restrictions.

14. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of law principles. Courts located in Kenya shall have exclusive jurisdiction over disputes, subject to any mandatory consumer protections that apply to you. Before initiating litigation, the parties agree to attempt good-faith resolution through direct negotiation and, if not resolved within thirty (30) days, mediation in Nakuru under a recognised mediation framework, unless you opt out by written notice within fourteen (14) days of first accepting these Terms (such opt-out will not affect other enforceable arbitration clauses in a signed enterprise agreement, if any).

15. General

• Entire agreement. These Terms, together with our Privacy Policy and any order form or data-processing addendum you sign, constitute the entire agreement on their subject matter.
• Assignment. You may not assign these Terms without our consent; we may assign in connection with a merger or sale of assets.
• No waiver. Failure to enforce a provision is not a waiver.
• Severability. If a provision is invalid, the remainder remains in effect.
• Force majeure. We are not liable for delays or failures due to events beyond reasonable control.
• Notices. We may send notices to the email associated with your account; you may send legal notices to the contact details below.

16. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms on this page and update the “Last updated” date. For material changes, we will provide additional notice where appropriate (for example, email or in-product alert). Continued use after the effective date constitutes acceptance where permitted by law. If you do not agree, you must stop using the Services and may request closure of your account subject to outstanding obligations.

17. Contact

Questions about these Terms should be directed to Riconets Ventures Limited:

• Email: afyaflow@riconets.com
• Phone / WhatsApp: +254 734 073 652
• Location: Nakuru, Kenya