Terms of Use and User Agreement

This Terms of Use and User Agreement is entered into by and between you ("you" or "your") and Afyaflow ("Company", "Afyaflow", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of Afyaflow's services via Afyaflow's mobile application ("Mobile App"), website (afyaflow.com), and telephone call, Whatsapp or SMS chat ("Other Channels").

Afyaflow's Services

Afyaflow's services include the following: (a) Clinical services via virtual and in person consultations, where as a medical professional you can deliver care or as a member you can talk with one of our medical professionals. These include doctors, nurses, nutritionists, physiotherapists, and mental health professionals ("Practitioners"). As a member, practitioners might give you a diagnosis, recommendation, or treatment. They may also prescribe medication to you, or refer you to a third party; (b) Care coordination services that give you health and lifestyle information through our trained and licensed health navigators; and (c) Such other services as may be introduced by Afyaflow from time to time.

Afyaflow's Services and the Mobile App and Other Channels used to access services are collectively referred to as the "Services".

Acceptance of Terms

Please read these Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE THE SERVICES.

License to Use Services

As a medical professional, Afyaflow hereby grants you a non-exclusive, non-transferrable, revocable, limited license to access and make use of the Services to manage your account and access health information and communicate with us in accordance with these Terms of Use.

As a member of the afya flow platform seeking medical services, Afyaflow hereby grants you a non-exclusive, non-transferrable, revocable, limited license to access and make use of the Services to manage your account and access health information and communicate with us in accordance with these Terms of Use.

This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the Services, making any derivative of the Services, and any data extraction or data mining whatsoever. This license may not be shared with, transferred to or sublicensed to any other party. We may terminate this license and your rights to use the Services for any reason at any time.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them on our Services and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Billing Services rendered to Member's Insurance

The Company will bill for certain Services rendered at the rates and terms agreed. Specifically, you agree for the Company to bill you for services rendered, including: SAAS, virtual and in person consultations, pharmacy & medication delivery, and chronic condition management services.

Appointments

When you have scheduled an appointment with Afyaflow, and in the event of foreseeable circumstances, you will try your best to give Afyaflow 24 hours' notice if you cannot attend your scheduled appointment.

Prescriptions

As a practitioner, you may give prescriptions, order labs or investigations based on your professional qualifications. The practitioners who are authorised and certified by the requisite authorities may prescribe medicines. We may refuse to prescribe medication or order further laboratory tests for you if we think it is not safe or legal to prescribe.

Third-Party Provider Referrals

There are some medical conditions for which we will not be able to help you through our consultation, and would therefore need to refer you to a third-party medical services provider. Afyaflow and its subsidiaries will always prioritize referring you to third-party providers that are covered by your health insurance, however some third-party medical services may not be covered by your insurance.

Limitations of Services

Our practitioners might have different opinions on some medical conditions or symptoms. This does not mean that our clinical services are at fault. It is normal for experts to have different views on medical cases from time to time.

Dependents

Make sure that you supervise your children when they use our services. If you or your Employer's or your commercial agreement with Afyaflow allows you to enroll your dependent(s) for Services, your acceptance of the Terms of Use, when you register your minor dependents (under 18 years old), implies and includes your acceptance of the Terms of Use and privacy policy on behalf of your minor dependent(s). Dependents who are 18 years old or more must access Services as independent adults.

PLEASE NOTE: FOR MINOR DEPENDENTS, YOU SHOULD EITHER USE THE SERVICES ON THEIR BEHALF, OR SUPERVISE THEIR USE OF THE SERVICES AT ALL TIMES.

Use of the Mobile App and Other Channels

The Mobile App and Other Channels are provided for you to communicate with our health care team and to access your personal health information. You understand that messages sent through the Mobile App and Other Channels will be reviewed by our Practitioners and other staff (including, health navigators, clinicians, and technology staff) to determine how to respond to your communication, and, as necessary, deliver the Services to you. You understand that communications may be made part of your permanent medical record at the discretion of your health care team.

You understand that you may receive messages, test results, and other communications from our health care team through the Mobile App and Other Channels. If you receive this information through the Mobile App and Other Channels, you will generally not receive separate written communication regarding this information from our health care team. You understand that your medical record may not appear in its entirety on the Mobile App and/or Other Channels. Posting of information is strictly at the discretion of your health care team.

All communications between you and your health care team, and access to your personal health information using the Mobile App are carried over a secure, encrypted connection. All communications between you and your health care team using Other Channels are outside of the control of Afyaflow and will be as secure as the respective service providers make them.

While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS MOBILE APP AND OTHER CHANNELS. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions, or best practices for using Other Channels. You are advised to always have anti-virus software installed on your phone or device at all times and to keep your phone and device firmware up to date.

Once your health data is received, it will be treated as confidential medical information and sensitive personal data subject to our privacy policy.

Please note however, that in the case where a user is deemed to pose danger to themselves or others and/or where it is noted that there is actual or potential abuse of vulnerable users of the Services, the Practitioners will take appropriate actions in the interest of the users or those others, guided by their professional ethical codes and Kenyan Law.

Accessing the Services and Information Security

We reserve the right to withdraw or amend Services at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict users' access to some parts or all of the Services entirely.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information, including health data. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. Access to and use of the Services is governed by our privacy policy which is incorporated herein by reference.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of said Services by allowing said third party to use your user name, password or other security information. You agree to notify Afyaflow immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public location or on a public network so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion and for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Afyaflow, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company's name, Afyaflow, the Company's logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans associated with delivery of Services are the trademarks of their respective owners.

Prohibited Uses

You may only use the Services for lawful purposes and in accordance with these Terms of Use.

ONLY USE THE SERVICES AS A MEDICAL PRACTITIONER OR FOR YOUR OWN OR YOUR DEPENDANTS' HEALTHCARE.

USING THE SERVICES WITH REGARD TO THE HEALTH ISSUES OF OTHERS COULD POTENTIALLY BE HARMFUL TO YOU OR SAID OTHERS AND VIOLATES THESE TERMS OF USE. AFYAFLOW IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF SUCH USE OF THE SERVICES.

You agree not to use the Services:

• In any way that violates any applicable law or regulation.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, robots, spiders, automatic devices or other materials which are malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
• Otherwise attempt to interfere with the proper working of the Services.

We do not tolerate any abusive or offensive behaviour towards any Afyaflow employees or Practitioners. If we think that this conduct is being perpetrated, we can terminate your consultation, or cancel your engagement with us.

Enforcement; Termination

We have the right to:

• Take appropriate legal action, including, without limitation, referral to legal authorities for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any reason, including, without limitation, any violation of these Terms of Use.

We may terminate our agreement with you if:

• We are unable to provide the Services for reasons outside our control
• You have put us in a position where we might break the law
• You, or the organization that purchased the service, do not pay us on time.

Third Party Health-Related Information

The Services may provide health-related information and resources, or other third-party content. Such information presented on or through the Services is made available solely for general information purposes. Making such information available does not mean that the Company or your healthcare provider necessarily agrees with or approves of such information.

We do not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

Further, the ways in which you can use the Mobile App may also be controlled by the Google Play or Apple Store's rules and policies, and Google Play's or Apple Store's rules and policies will apply instead of these terms where there are differences between the two.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that digital access to Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. We will not be liable for any loss or damage caused by technologically harmful material that may infect your equipment, devices, data or other proprietary material due to your use of the mobile app or any services or to your downloading of any material posted on it, or on any website linked to it.

Your use of the services is at your own risk. The services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under the applicable law.

Limitation of liability

Except for liability that would arise in respect of negligent performance of the services, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any law, arising out of, or in connection with your use of, or inability to use the services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data.

The foregoing does not affect any liability which cannot be excluded or limited under the applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services's content, services and products, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and any other documents incorporated herein by reference constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Governing Law and Jurisdiction

These Terms of Use shall be governed in accordance with the laws of Kenya and their validity of construction and effectiveness shall be governed and enforced pursuant to the substantive laws of Kenya. The parties agree that all legal proceedings in connection with the enforcement, construction, interpretation, breach or violation of this agreement shall be referred to arbitration by the Kenyan branch of the Chartered Institute of Arbitrators, in accordance with the provisions of the Arbitration Act, 1995 and or any other statutory modifications made thereto. The arbitration proceedings shall be done in Nairobi, Kenya.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: privacy@afyaflow.com