Terms of Use

Introduction

Welcome to Apex Tech Solutions! These Terms of Use (the “Terms”) govern your access to and use of our healthcare management platform, websites, and all associated services (collectively, the “Services”). Apex Tech Solutions is committed to delivering an innovative, efficient, and secure solution for healthcare providers and patients alike. By accessing, browsing, or otherwise using our Services, you agree to be legally bound by these Terms as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, please do not use our Services. Our Services are designed to support hospitals, laboratories, pharmacies, clinics, and other healthcare entities in managing patient information, billing, administrative tasks, and clinical operations. These Terms are intended to set forth the rights, responsibilities, and limitations that govern your use of the Services and to ensure that our platform is used in a secure, ethical, and legally compliant manner.

Acceptance of Terms

By subscribing to or using Apex Tech Solutions, whether as an individual, on behalf of a healthcare facility, or as a patient, you acknowledge that you have read, understood, and agreed to be bound by these Terms. This includes understanding that the platform’s functionalities, including but not limited to data processing, storage, and analytics, are subject to these Terms. If you are accessing our Services on behalf of a healthcare facility (the “Subscriber”), you represent and warrant that you are duly authorized to bind that entity to these Terms. Continued use of the Services following any updates or modifications to these Terms signifies your acceptance of those changes. We may notify you of updates by email or through the platform, and it is your responsibility to review these Terms periodically.

Definitions

For the purposes of these Terms, the following definitions apply:

• “Subscriber” refers to any healthcare facility (including hospitals, laboratories, pharmacies, clinics, etc.) that subscribes to and pays for access to the Apex Tech Solutions platform.
• “User” refers to any individual who accesses or uses the Services, including healthcare providers, administrative staff, and patients.
• “Patient Data” means all information, whether digital or physical, that pertains to an individual’s health, treatment, medical history, or other personal health information entered, uploaded, or otherwise collected through the Services.
• “Facility Data” refers to any operational, financial, or administrative information pertaining to the healthcare facility that is entered or generated within the Apex Tech Solutions platform.
• “Subscriber Data” is defined as all data, documents, images, records, and information that a Subscriber or its users provide to or generate within the course of using the Services. This includes, but is not limited to, patient records, billing information, appointment logs, and administrative documents.
• “Apex Tech Solutions” or “we” or “us” refers to Apex Tech Solutions Ltd, the provider of the Services, including its employees, contractors, and agents.
• “Third-Party Services” means any external services, software, or applications integrated with or used in conjunction with the Apex Tech Solutions platform.
• “Confidential Information” means any non-public information, whether oral or written, that is disclosed to or accessed by a Subscriber or User through the Services, including technical, business, and proprietary information.

Intellectual Property

Ownership of the Services

All intellectual property rights, including copyrights, trademarks, trade secrets, patents, and any other proprietary rights in and to the Services and all related content, software, documentation, designs, data compilations, and algorithms are the exclusive property of Apex Tech Solutions or its licensors. The structure, organization, and layout of the Services, including the underlying software and technology, are protected by intellectual property laws, and no part of the Services may be reproduced, reverse-engineered, or transmitted in any form without our prior written consent.

License to Use the Services

Subject to your compliance with these Terms, Apex Tech Solutions grants Subscribers and authorized Users a non-exclusive, non-transferable, revocable license to access and use the Services solely for their internal business purposes. This license does not permit the copying, distribution, public performance, modification, or creation of derivative works of the Services, nor does it authorize any use that may harm the integrity or security of the platform.

Restrictions

You agree not to engage in any activity that infringes on our intellectual property rights. This includes, but is not limited to, copying or duplicating any part of the software, creating derivative works, circumventing any security measures, or using the Services in any manner that is not expressly authorized in these Terms. Unauthorized use or reproduction of the Services may result in immediate termination of your access and legal action.

Subscribing to the Services

Subscription Model

Apex Tech Solutions is offered on a subscription basis, with plans tailored to the needs and size of different healthcare facilities. Subscribers are required to select a plan that best fits their operational requirements. Each subscription plan provides access to specific features and modules of the platform, ranging from patient management and billing to advanced clinical analytics and reporting. Detailed descriptions of each plan and pricing options are provided on our website and are subject to change.

Payment Terms

Subscriptions fees are billed on a monthly or annual basis in advance, as selected by the Subscriber at the time of registration. Payments are processed through approved payment methods, which may include credit/debit cards, bank transfers, or other electronic payment systems. It is the responsibility of the Subscriber to provide accurate billing information and to maintain a valid payment method. Late payments may result in suspension of services until outstanding balances are cleared. Any changes in subscription fees or billing cycles will be communicated in advance and will be effective from the start of the next billing period.

Cancellation and Refunds

Subscribers may cancel their subscription by providing a written notice at least 30 days prior to the intended termination date. Upon cancellation, access to the Services will be terminated at the end of the notice period; however, Subscribers will be provided with a data export option to retrieve Subscriber Data for their records. Fees paid are non-refundable except in cases where service interruptions have exceeded the guaranteed uptime as outlined in our Service Level Agreement (SLA). Requests for refunds must be submitted in writing within 30 days of the incident and will be reviewed on a case-by-case basis.

Subscriber Accounts

Account Creation and Management

Each Subscriber is required to designate an Account Owner who is responsible for managing the account and its associated user permissions. The Account Owner is the primary point of contact for all administrative matters including billing, account updates, and data management. When creating an account, accurate and complete information must be provided. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. In the event of unauthorized use or a suspected breach, the Subscriber must notify Apex Tech Solutions immediately.

User Access and Responsibilities

Subscribers may authorize multiple Users to access the Services under their account. It is the responsibility of the Account Owner to ensure that each User’s access is appropriate to their role within the organization. Subscribers must enforce policies that require Users to use strong, unique passwords and to follow best practices for online security. Apex Tech Solutions reserves the right to disable or terminate access for any User whose behavior is deemed to compromise the security or integrity of the platform.

Subscriber Data

Ownership and Joint Control

Subscriber Data, including Patient Data and Facility Data, remains the property of the Subscriber. However, in recognition of the role Apex Tech Solutions plays in managing and processing such data, Patient Data is jointly owned by both the healthcare facility and Apex Tech Solutions. This joint ownership model means that while the Subscriber is primarily responsible for ensuring the accuracy and legality of the data collected, Apex Tech Solutions also has the right to store, process, and analyze the data for service improvement, system analytics, and research purposes – all in compliance with applicable laws and regulations.

Data Security and Privacy

Apex Tech Solutions employs robust security measures, including state-of-the-art encryption, access controls, regular security audits, and compliance with international data protection standards to safeguard Subscriber Data. We implement both technical and administrative measures to prevent unauthorized access, disclosure, modification, or destruction of data. Nonetheless, Subscribers are encouraged to implement their own internal security protocols and to educate Users about safe data practices. In addition, Subscriber Data is managed in accordance with relevant privacy laws, including Kenya’s Data Protection Act, HIPAA (where applicable), and the GDPR for European users.

Data Retention and Export

Data will be retained for the duration of the active subscription and for a period thereafter as required for legal, regulatory, or operational purposes. In the event of termination, Subscribers will have a limited period (typically 90 days) during which they may export their data. After this period, data may be permanently deleted unless retention is required by applicable law. Subscribers should contact Apex Tech Solutions to discuss data export or deletion requests.

Acceptable Use Policy

General Conduct

All Users are expected to use the Services in a manner that is respectful, lawful, and consistent with good business practices. The platform is provided for the facilitation of healthcare management, and any use that undermines this purpose is strictly prohibited.

Prohibited Activities

The following activities are expressly forbidden:

• Unauthorized Access: Attempting to access or use any part of the platform without proper authorization, including any attempts to bypass security measures.
• Malware and Harmful Code: Transmitting or introducing viruses, malware, or other harmful code that could damage, disable, or impair the functioning of the Services.
• Disruption of Service: Engaging in activities that may overload or interfere with the normal operation of the platform, including distributed denial-of-service (DDoS) attacks or other forms of network interference.
• Data Harvesting: Scraping, harvesting, or collecting data from the platform in any manner that is not authorized by Apex Tech Solutions.
• Fraudulent or Illegal Activity: Using the Services for any fraudulent, deceptive, or otherwise unlawful purposes, including, but not limited to, the manipulation of data or impersonation of another individual or entity.
• Reverse Engineering: Attempting to decompile, disassemble, or otherwise reverse-engineer any aspect of the Services. Any violation of the Acceptable Use Policy may result in immediate suspension or termination of your account, in addition to any legal remedies available to Apex Tech Solutions.

Subscription and Payment Terms (Additional Details)

Billing and Invoicing

Subscribers will receive periodic invoices corresponding to their subscription plan. These invoices detail the fees due for the subscription period and any applicable taxes or additional charges. It is the Subscriber’s responsibility to review each invoice for accuracy and to ensure that payment is made in accordance with the agreed terms.

Automatic Renewal and Plan Changes

Subscriptions automatically renew at the end of each billing cycle unless cancelled by the Subscriber. Any changes to the subscription plan, including upgrades or downgrades, will be reflected in the upcoming billing cycle and may result in a prorated charge or credit. Subscribers will be notified of any such changes and will have the option to review their billing information prior to renewal.

Refund and Dispute Resolution for Billing

Refunds are generally not provided for subscription fees. However, in cases where there has been a significant service disruption that exceeds the guaranteed uptime as defined in our Service Level Agreement (SLA), Subscribers may request a refund or credit. All billing disputes should be submitted in writing within 30 days of the disputed charge. Apex Tech Solutions will review and resolve such disputes in a fair and timely manner.

Legal Limits and Disclaimers

Disclaimer of Warranties

The Services are provided “as is” and “as available” without any warranty or condition, express, implied, or statutory. Apex Tech Solutions expressly disclaims any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. While we strive to provide a reliable and secure platform, we do not guarantee that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

Limitation of Liability

In no event shall Apex Tech Solutions, its directors, officers, employees, or agents be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; or (c) unauthorized access, use, or alteration of your transmissions or content. Our aggregate liability, whether in contract, tort, or any other theory of liability, shall not exceed the total amount paid by the Subscriber to Apex Tech Solutions for the Services during the three (3) months preceding the claim.

No Medical Advice

Apex Tech Solutions is designed to facilitate healthcare management and improve operational efficiency. It is not intended to provide, nor should it be used as a substitute for, professional medical advice, diagnosis, or treatment. Healthcare providers using the platform remain solely responsible for their clinical decisions, and patients should always consult with a qualified healthcare professional regarding any medical concerns.

Termination

Termination by Subscriber

Subscribers may terminate their account by providing written notice at least 30 days in advance of the termination date. Upon termination, Subscribers will retain access to the Services until the end of the notice period, during which data export options will be made available. It is the Subscriber’s responsibility to back up or export any data they wish to retain prior to termination, as Apex Tech Solutions may eventually delete archived data in accordance with our retention policy.

Termination by Apex Tech Solutions

Apex Tech Solutions reserves the right to suspend or terminate access to the Services at any time, without prior notice, for any reason, including but not limited to:

• Non-payment or overdue subscription fees.
• Violation of these Terms, including any misuse or abuse of the Services.
• Security concerns or potential breaches that may affect the integrity of the platform.
• Changes in business circumstances or discontinuation of the Services. 

In cases of termination, the Subscriber remains liable for any outstanding fees incurred prior to the termination date. Upon termination, all rights granted to the Subscriber under these Terms will immediately cease, and the Subscriber will no longer be entitled to access the Services.

Third-Party Services

Apex Tech Solutions may integrate with third-party services, applications, or software to enhance the functionality of our platform. These integrations are provided for your convenience and may include payment processors, insurance claim processors, electronic health record systems, and other related services. Use of these third-party services is subject to the respective terms and conditions of those providers, and Apex Tech Solutions is not responsible for any issues, errors, or losses arising from such integrations. It is your responsibility to review and agree to the terms of any third-party service you elect to use.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya without regard to any conflict of law principles. Any disputes arising from or in connection with these Terms or the use of the Services shall be resolved primarily through good-faith negotiations between the parties. If a resolution cannot be reached within 60 days, the dispute shall be submitted to binding arbitration in Nairobi, Kenya, under the rules of the designated arbitration organization. By agreeing to these Terms, you waive any right to participate in a class-action lawsuit or class-wide arbitration againstApex Tech Solutions.

Updates to These Terms

Apex Tech Solutions reserves the right to modify or update these Terms at any time in its sole discretion. In the event of material changes to these Terms, Subscribers will be notified via email or through prominent notices on the Services at least 30 days prior to the effective date of such changes. Continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the modifications. It is your responsibility to review these Terms periodically to ensure compliance with any updates.

Confidentiality and Feedback

Confidentiality

Any non-public information, including but not limited to technical data, trade secrets, business strategies, and other proprietary information disclosed by Apex Tech Solutions or obtained through use of the Services, is considered Confidential Information. Both parties agree to treat such information as confidential and to use it only for the purpose of performing obligations under these Terms. Disclosure of Confidential Information is permitted only to the extent necessary for legal compliance or with the express written consent of the disclosing party.

Feedback and Contributions

We welcome and encourage you to provide feedback, suggestions, and other contributions (“Feedback”) to help us improve the Services. By submitting Feedback, you grant Apex Tech Solutions a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services. You acknowledge that any contributions provided under this provision are not confidential and may be used without any compensation to you.

Contact Information

For any questions, concerns, or clarifications regarding these Terms or your use of the Services, please contact us at:

Apex Tech Solutions
Email: info@apextechsolutions.co.ke
Phone: +254 748 70 70 94
Website: www.apextechsolutions.co.ke

By using Apex Tech Solutions, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as any future amendments and policies referenced herein.