Swasps Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern access to and use of websites, digital services, platforms, software, applications, APIs, and other services provided by Swasps ("Swasps", "we", "us", or "our").

By accessing or using a Swasps service, you agree to these Terms.

If you do not agree to these Terms, you should not use the relevant service.

Certain Swasps products may have additional product-specific terms, customer agreements, subscription agreements, Data Processing Agreements, service-level agreements, or other contracts.

Where such an agreement applies, it may contain additional terms governing that product or relationship.

2. About Swasps

Swasps is a healthcare technology company building software infrastructure designed to connect healthcare operations, workflows, information, and patients.

Our services may include:

• Hospital OS;
• Health Wallet;
• The Hive;
• software applications;
• APIs;
• integrations;
• healthcare workflow tools;
• communication services;
• analytics and operational tools; and
• other products and services developed by Swasps.

Swasps may introduce additional products and services over time.

3. Hospital OS

Swasps Hospital OS is an AI-native healthcare operations platform designed to help hospitals and healthcare organizations coordinate and automate workflows across the healthcare journey.

Depending on configuration, Hospital OS may support:

• patient registration;
• appointments;
• patient access;
• triage;
• clinical information organization;
• documentation assistance;
• financial and billing workflows;
• laboratory workflows;
• imaging workflows;
• pharmacy workflows;
• referrals;
• admissions;
• capacity management;
• surgery workflows;
• discharge and follow-up;
• operational intelligence;
• workflow automation;
• integrations; and
• reporting and analytics.

Hospital OS functionality depends on the applicable subscription, configuration, implementation, integrations, enabled modules, and other applicable agreements.

4. Health Wallet

Swasps Health Wallet is a patient-facing digital healthcare platform designed to help individuals manage, access, organize, and interact with healthcare information and services.

Depending on the features available, Health Wallet may allow users to:

• establish a digital healthcare identity;
• access healthcare information;
• organize healthcare records;
• manage healthcare documents;
• view healthcare timelines;
• manage appointments;
• communicate with healthcare providers;
• discover healthcare services;
• receive care-related notifications;
• manage medication information;
• manage authorized family or dependent access;
• make eligible payments;
• connect with healthcare providers; and
• use AI-assisted functionality.

Availability of particular features may depend on location, participating healthcare providers, technical availability, integrations, permissions, applicable law, and the version of the service available at the time.

5. Swasps Is a Technology Provider

Swasps provides healthcare technology and infrastructure.

Unless expressly stated otherwise, Swasps is not:

• a hospital;
• a doctor;
• a laboratory;
• a pharmacy;
• an ambulance provider;
• a physiotherapist;
• a medical practitioner; or
• the healthcare provider responsible for your treatment.

Use of a Swasps service does not create a doctor-patient relationship between you and Swasps.

Healthcare organizations and healthcare professionals remain responsible for the healthcare services and professional decisions they provide.

6. AI and Automated Functionality

Certain Swasps services use artificial intelligence and automated technologies.

AI functionality may include:

• information organization;
• summarization;
• workflow automation;
• routing;
• prioritization;
• operational analysis;
• documentation assistance;
• decision-support functionality;
• recommendations;
• task generation; and
• other automated functions.

AI outputs may be incomplete, inaccurate, delayed, or inappropriate in particular circumstances.

AI functionality is not intended to replace qualified healthcare professionals or professional judgment.

Where clinical decisions are involved, appropriately qualified healthcare professionals remain responsible for reviewing information and making appropriate clinical decisions.

Users and healthcare organizations must not rely solely on AI-generated information where professional judgment is required.

7. Accounts and Access

Some Swasps services may require an account.

You agree to:

• provide accurate information;
• maintain accurate account information;
• protect your authentication credentials;
• keep your account secure;
• prevent unauthorized access;
• promptly notify Swasps of suspected unauthorized access; and
• use the service only as permitted by these Terms and applicable law.

You must not share authentication credentials with unauthorized individuals.

For organizational services such as Hospital OS, the customer is responsible for appropriately authorizing and managing its users.

8. Authorized Use

You agree to use Swasps services only for lawful and legitimate purposes.

You must not:

• use Swasps services unlawfully;
• access information without authorization;
• impersonate another person;
• use another person's credentials;
• interfere with service operation;
• attempt to bypass security controls;
• introduce malicious software;
• attempt unauthorized access to systems;
• reverse engineer Swasps software except where legally permitted;
• scrape or systematically extract information without authorization;
• use the service to violate another person's privacy;
• use the service to facilitate fraud;
• use AI outputs as a substitute for required professional judgment;
• attack, probe, or test Swasps systems without written authorization; or
• use the service in a way that could reasonably damage Swasps, its customers, patients, healthcare providers, or infrastructure.

9. Customer Data

For organizational products such as Hospital OS, customers may submit or provide information, records, documents, healthcare information, operational information, or other data to Swasps ("Customer Data").

Subject to applicable agreements, the customer retains its rights in Customer Data.

Swasps receives only the rights reasonably necessary to:

• provide the contracted service;
• process Customer Data according to authorized instructions;
• maintain and secure the service;
• provide support;
• perform integrations;
• prevent fraud and abuse;
• investigate security incidents;
• comply with law; and
• perform activities necessary to provide the contracted service.

Swasps does not acquire ownership of Customer Data merely because a customer uses Hospital OS.

10. Healthcare Information

Healthcare information is sensitive.

Where healthcare information is processed through Swasps services, access and processing may be subject to:

• applicable privacy laws;
• healthcare requirements;
• customer agreements;
• Data Processing Agreements;
• product-specific policies;
• user permissions; and
• technical access controls.

Users and organizations must ensure they have appropriate authorization to submit or access healthcare information through Swasps services.

11. Data Protection

The processing of personal information through Swasps services is governed by the applicable Swasps Privacy Policy and, where relevant, a product-specific privacy policy or Data Processing Agreement.

Where Swasps acts as a Data Processor for a customer, Swasps will process personal information according to applicable documented instructions, contractual requirements, and applicable law.

Where Swasps independently processes information as a Data Controller, the applicable Swasps Privacy Policy will govern that processing.

12. Healthcare Provider Responsibility

Healthcare organizations and professionals remain responsible for:

• patient care;
• clinical decisions;
• diagnoses;
• treatment decisions;
• medication decisions;
• emergency decisions;
• professional supervision;
• appropriate review of records;
• clinical documentation;
• regulatory compliance; and
• applicable professional standards.

Swasps provides technology intended to support these activities but does not assume responsibility for clinical decisions made by healthcare professionals or healthcare organizations.

13. Third-Party Services and Integrations

Swasps services may integrate with third-party systems, including:

• EHR and EMR systems;
• hospital information systems;
• laboratory systems;
• pharmacy systems;
• imaging systems;
• payment systems;
• communication services;
• identity services;
• cloud infrastructure; and
• other healthcare technologies.

Third-party services may have separate terms and privacy policies.

Swasps is not responsible for third-party services outside Swasps' reasonable control.

Customers and users are responsible for ensuring they have the necessary permissions to connect third-party systems to Swasps services.

14. Intellectual Property

Swasps and its licensors retain all rights, title, and interest in Swasps services and technology, including, where applicable:

• software;
• source code;
• architecture;
• interfaces;
• designs;
• workflows;
• documentation;
• trademarks;
• logos;
• agents;
• models;
• infrastructure;
• APIs; and
• underlying technology.

Except for rights expressly granted under applicable agreements, these Terms do not transfer ownership of Swasps intellectual property.

You may not copy, reproduce, distribute, sell, sublicense, or commercially exploit Swasps proprietary technology without authorization.

15. User Feedback

If you provide suggestions, ideas, recommendations, or feedback regarding Swasps services, you grant Swasps permission to use that feedback to improve or develop our products and services without obligation to compensate you, provided that doing so does not violate your confidentiality or applicable legal rights.

16. Availability

We aim to provide reliable services, but we do not guarantee that Swasps services will:

• always be available;
• operate without interruption;
• be error-free;
• be completely secure;
• be compatible with every third-party system; or
• remain unchanged.

Services may occasionally be unavailable because of:

• maintenance;
• upgrades;
• security incidents;
• infrastructure failures;
• third-party failures;
• connectivity issues;
• events outside our reasonable control; or
• other technical or operational circumstances.

Enterprise customers may receive additional availability commitments under a separate agreement or service-level agreement.

17. Changes to Services

Swasps may improve, modify, add, remove, suspend, or discontinue features from time to time.

Where material changes affect contracted services, the applicable customer agreement will govern how those changes are handled.

18. Fees and Payments

Certain Swasps services may require payment.

Where payment is required, applicable prices, billing periods, implementation fees, subscription fees, usage charges, taxes, refunds, and payment terms will be communicated through the relevant product, order form, subscription agreement, or customer agreement.

For organizational customers, payment obligations may be governed by a separate commercial agreement.

19. Suspension and Termination

Swasps may suspend or terminate access where reasonably necessary to:

• protect the security of the service;
• prevent abuse;
• investigate suspected unlawful activity;
• comply with legal obligations;
• address material violations of these Terms;
• protect other users or customers; or
• address circumstances that create significant risk to Swasps or its infrastructure.

Customers may have additional termination rights under their applicable agreements.

Upon termination, access to the relevant service may cease and data may be handled in accordance with the applicable agreement, retention requirements, and Privacy Policy.

20. Confidentiality

Confidential information exchanged between Swasps and customers may be protected under applicable confidentiality obligations or separate agreements.

Organizational customers may have additional confidentiality requirements under their customer agreements.

21. Disclaimers

To the maximum extent permitted by applicable law, Swasps services are provided subject to the limitations described in these Terms and applicable agreements.

Swasps does not guarantee:

• particular healthcare outcomes;
• particular clinical results;
• accuracy of every AI output;
• uninterrupted availability;
• complete availability of healthcare records;
• availability of third-party healthcare providers;
• appointment availability;
• accuracy of information supplied by third parties; or
• compatibility with every external system.

Nothing in these Terms excludes or limits rights or liabilities that cannot lawfully be excluded or limited.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Swasps will not be responsible for indirect, incidental, special, consequential, or punitive losses arising from use of the services where such limitation is legally permitted.

For organizational customers, liability may be further defined by the applicable customer agreement.

Nothing in these Terms limits liability where doing so would be prohibited by applicable law.

23. Indemnification

Where permitted by applicable law, users or customers may be responsible for losses, claims, liabilities, or expenses arising from:

• unlawful use of Swasps services;
• unauthorized access;
• violation of these Terms;
• infringement of third-party rights;
• misuse of Customer Data; or
• violation of applicable law.

Organizational customers may have additional indemnification obligations under their customer agreement.

24. Privacy

Your use of Swasps services is also subject to our Privacy Policy.

The Privacy Policy explains how Swasps handles personal information and health information.

You should read the Privacy Policy before using Swasps services.

25. Governing Law

These Terms are intended to operate consistently with the laws of Kenya, unless a separate written agreement provides otherwise.

Where a Swasps service is provided in another jurisdiction, additional legal requirements may apply.

26. Dispute Resolution

We encourage users and customers to contact Swasps first to attempt to resolve disputes informally.

Where a separate written agreement contains dispute-resolution procedures, those procedures will apply to the relevant relationship.

Otherwise, disputes will be handled in accordance with applicable Kenyan law and the jurisdiction of the competent courts.

27. Changes to These Terms

We may update these Terms from time to time.

Changes may be made to reflect:

• new services;
• changes in technology;
• legal or regulatory requirements;
• security improvements;
• changes to our business; or
• other operational requirements.

The "Last Updated" date will indicate when these Terms were most recently revised.

Where required, we will provide appropriate notice of material changes.

28. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

29. Entire Agreement

These Terms, together with applicable product terms, customer agreements, subscription agreements, Data Processing Agreements, and other agreements expressly incorporated into them, form the applicable agreement governing use of Swasps services.

Where a separate written agreement conflicts with these general Terms, the specific written agreement will prevail to the extent of the conflict.

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