Terms and Conditions

1. Definitions

DialyticFlow / we / us / our

Dialytic Flow (Pty) Ltd, a company incorporated in the Republic of South Africa.

Platform

The DialyticFlow web application, mobile application (iOS and Android), and associated backend services.

User

Any individual who accesses or uses the Platform, including Patients, Nurses, Unit Managers, Organisation Supervisors, and Global Administrators.

Patient

A registered end-user receiving dialysis treatment and using the Platform to manage bookings and sessions.

Healthcare Professional

A Nurse, Unit Manager, or Organisation Supervisor operating the Platform in a clinical or administrative capacity.

Organisation

A dialysis provider entity registered on the Platform.

Session

A scheduled dialysis treatment session managed through the Platform.

Personal Information

Information as defined under the Protection of Personal Information Act 4 of 2013 (POPIA).

Services

All features, functions, and content made available through the Platform.

2. Acceptance of Terms

2.1 Agreement

By downloading, installing, registering for, or using the Platform, you confirm that:

• You have read and understood these Terms in their entirety;
• You are at least 18 years of age, or you are accessing the Platform under the supervision of a parent, legal guardian, or authorised healthcare representative;
• You have the legal capacity to enter into a binding contract;
• Where you register on behalf of an Organisation, you have the authority to bind that Organisation to these Terms.

2.2 Amendments

We reserve the right to amend these Terms at any time. We will provide at least 14 days' notice of material changes by:

• Displaying a prominent notice within the Platform;
• Sending a notification to your registered email address.

Continued use of the Platform after the effective date of any amendment constitutes acceptance of the updated Terms.

3. Description of Services

DialyticFlow is a healthcare management platform designed specifically for dialysis providers and their patients. The Platform provides:

• Appointment and session booking management;
• Patient check-in via QR code;
• Meal and dietary preference recording;
• Bed and unit capacity management;
• Nurse shift scheduling and patient-nurse communication;
• Emergency alert functionality (SOS);
• Clinical session record management;
• Organisation and unit administration;
• Off-hours query management.

3.1 Not a Medical Device

3.2 Availability

We will make commercially reasonable efforts to ensure the Platform is available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access, and we are not liable for any loss resulting from scheduled or unscheduled downtime, maintenance, or technical failures.

4. User Accounts and Registration

4.1 Eligibility

• Patients may self-register or be registered by a Healthcare Professional on their behalf.
• Nurses register using an invitation code provided by their Organisation.
• Organisation Supervisors register and submit their Organisation for review and approval by DialyticFlow Global Administrators.
• Unit Managers and other roles are assigned by Organisation Supervisors within their Organisation.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities that occur under your account;
• Immediately notifying us of any unauthorised access to your account at support@dialyticflow.com.

You must not share your account credentials with any other person. We use Firebase Authentication for account management; by using the Platform you also agree to Google's terms applicable to Firebase services.

4.3 Accurate Information

You warrant that all information you provide during registration and throughout your use of the Platform is accurate, current, and complete. You agree to promptly update your information if it changes.

4.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account, without prior notice, if:

• You breach any provision of these Terms;
• Your account shows signs of fraudulent, abusive, or unlawful activity;
• An Organisation's approval is revoked or suspended;
• Continued access poses a risk to the security or integrity of the Platform or other Users.

5. Acceptable Use

5.1 Permitted Use

The Platform is licensed for lawful healthcare management purposes only. You agree to use the Platform solely in accordance with these Terms, applicable law, and any operational guidelines provided by your Organisation.

5.2 Prohibited Conduct

You must not:

• Use the Platform for any purpose other than legitimate healthcare management;
• Attempt to gain unauthorised access to any part of the Platform, other accounts, or systems connected to the Platform;
• Introduce malicious code, viruses, or any material that is harmful or disruptive;
• Scrape, harvest, or copy Platform content without our written permission;
• Impersonate any person, Organisation, or DialyticFlow;
• Use the Platform to transmit unsolicited communications;
• Circumvent any security measures, access controls, or rate limits;
• Enter false clinical or patient data;
• Attempt to reverse-engineer any part of the Platform;
• Access or process another patient's data without proper authorisation;
• Use the Platform in any manner that violates POPIA, the National Health Act 61 of 2003, or any other applicable South African law.

5.3 Emergency Use

The SOS / emergency alert feature is intended for use in genuine clinical emergencies. Misuse of the emergency alert function is a serious breach of these Terms and may result in immediate account termination.

6. Healthcare-Specific Obligations

6.1 Patient Consent

Healthcare Professionals must obtain valid, informed consent from each Patient before registering their Personal Information on the Platform. The Consent Record feature within the Platform facilitates recording of consent but does not substitute for the legal and ethical obligations of the treating institution.

6.2 Data Accuracy

Healthcare Professionals are responsible for ensuring that clinical data entered into the Platform (including session records, meal selections, and bed assignments) is accurate and up to date.

6.3 Regulatory Compliance

Healthcare Professionals and Organisations using the Platform are responsible for ensuring their use of the Platform complies with all applicable healthcare regulations, including the National Health Act 61 of 2003, Health Professions Act 56 of 1974, and any applicable provincial health regulations.

7. Intellectual Property

7.1 Platform Ownership

The Platform, including all software, design, text, graphics, icons, and other content, is the intellectual property of DialyticFlow and is protected by copyright, trademark, and other applicable intellectual property laws.

7.2 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended healthcare management purpose.

7.3 Restrictions

You may not copy, reproduce, distribute, adapt, modify, or create derivative works from any part of the Platform without our prior written consent.

8. Data and Privacy

Your use of the Platform is subject to our Privacy and Data Retention Policy, incorporated into these Terms by reference. Please read it carefully. By using the Platform, you acknowledge and consent to the processing of your Personal Information as described in that policy, to the extent permitted by POPIA.

As described in our Privacy and Data Retention Policy, DialyticFlow does not currently use any third-party AI service to process Personal Information. If this changes, the Privacy Policy will be updated in advance and your explicit consent obtained before any Personal Information is shared with or processed by a third-party AI provider; that updated disclosure applies automatically to your use of the Platform under this Section.

9. Third-Party Services

The Platform integrates with the following third-party service providers. Your use of these integrations is also subject to their respective terms:

We are not responsible for the availability, content, or practices of any third-party service.

10. Disclaimers and Limitation of Liability

10.1 Platform Provided “As Is”

The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 No Medical Liability

We expressly disclaim any liability for:

• Clinical outcomes, patient health deterioration, or adverse events;
• Errors or omissions in clinical data entered by Users;
• Reliance on Platform data as a substitute for independent clinical assessment;
• Failures arising from integration with external electronic health record systems.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party arising out of or in connection with the Platform shall not exceed R 10,000 (Ten Thousand South African Rand) or the amount you paid us in the 12 months preceding the event giving rise to the claim, whichever is greater. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or loss of business.

10.4 Statutory Rights

Nothing in these Terms limits or excludes any rights you have under the Consumer Protection Act 68 of 2008 or any other applicable South African law that cannot be contractually excluded.

11. Indemnification

You agree to indemnify and hold harmless DialyticFlow, its directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with:

• Your use of, or inability to use, the Platform;
• Your breach of these Terms;
• Any clinical or operational decisions made based on Platform data;
• Your violation of any applicable law or third-party rights.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion function within the Platform (Settings → Delete Account), or
• Contacting us at support@dialyticflow.com.

Deletion triggers POPIA-compliant pseudonymisation of your Personal Information. Audit logs and clinical records may be retained for the periods specified in our Privacy and Data Retention Policy in accordance with applicable law.

12.2 Effect of Termination

Upon termination:

• Your right to access the Platform ceases immediately;
• We may retain data for legally required periods as specified in our Privacy and Data Retention Policy;
• Provisions of these Terms that by their nature should survive termination will remain in effect.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@dialyticflow.com to attempt to resolve any dispute informally. We will respond within 10 business days.

13.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

13.3 Jurisdiction

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. General

14.1 Entire Agreement

These Terms, together with our Privacy and Data Retention Policy and any applicable Organisation-specific agreements, constitute the entire agreement between you and DialyticFlow with respect to the Platform.

14.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining provisions.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact Information