Acceptance
By accessing or using Tiba's services—including the multi-tenant Hospital Management System (HMIS), AI-powered document digitization, voice transcription, clinical consultation, intelligent data retrieval, patient portal with consent management, and any APIs (including Scribe)—you agree to these Terms of Service. If you are using the services on behalf of a hospital or organization, you represent that you have authority to bind that entity to these Terms.
Eligibility & Accounts
You must be eligible to use healthcare software in your jurisdiction. Hospitals and organizations are responsible for ensuring that their users (staff, clinicians, administrators) use the platform in compliance with these Terms and applicable healthcare regulations. You are responsible for maintaining the confidentiality of your account credentials (including hospital-specific authentication where applicable), for all activity under your account, and for ensuring that patient data is accessed only in accordance with patient consent and your policies.
License & Acceptable Use
We grant you a non-exclusive, non-transferable right to use our services for your internal healthcare operations, subject to these Terms and your subscription or order form.
- Use the HMIS, AI tools, patient portal, and APIs only for lawful clinical and administrative purposes.
- Respect patient consent: access or share cross-facility patient data only where the patient has granted consent through the Tiba patient portal or as otherwise permitted by law.
- Comply with applicable laws and clinical data obligations (e.g local health data regulations) and do not use the services in any way that violates patient privacy or professional standards.
- Do not reverse engineer, scrape, resell, or sublicense the platform or APIs except as expressly permitted.
- Do not use the services for abusive, fraudulent, or illegal activities, or to attempt to gain unauthorized access to other tenants' data or systems.
Intellectual Property
Tiba retains all rights, title, and interest in and to our software, platform, AI models, algorithms, user interfaces, documentation, and any other materials we provide. Customer and patient data (including clinical records, consent settings, and data uploaded or generated through your use) remain the property of the customer or patient as applicable. We do not claim ownership of your data; our use of it is governed by our Data Protection & Security Policy.
Fees & Billing
Where applicable, fees, billing cycles, payment terms, and taxes are set out in your order form, subscription plan, or separate agreement. Multi-tenant and per-facility pricing may apply. You are responsible for any taxes due in your jurisdiction. Failure to pay may result in suspension or termination of access.
Disclaimers
The services are provided "as is" and "as available." To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Our AI-powered features (including OCR, transcription, clinical consultation, and search) are decision-support tools only; they do not replace professional clinical judgment. You are responsible for verifying outputs and for all clinical and operational decisions made using the platform.
Limitation of Liability
To the maximum extent permitted by law, Tiba and its affiliates, officers, directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of or inability to use the services. Our total liability for any claims arising under or in connection with these Terms or the services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or such other cap as may be set out in your contract.
Indemnification
You agree to indemnify, defend, and hold harmless Tiba and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use or misuse of the services; (b) your breach of these Terms or applicable law; (c) your violation of patient consent or privacy; (d) your data or content; or (e) any dispute between you and a patient, another tenant, or a third party relating to use of the platform.
Termination
We may suspend or terminate your access to the services for violation of these Terms, non-payment, or for any reason with notice where required. You may terminate your use in accordance with your agreement. Upon termination, your right to use the services ceases. Data handling after termination (including export and deletion) is governed by our Data Protection & Security Policy and any data processing or subscription agreement you have with us.
Governing Law
These Terms are governed by the laws specified in your order form or subscription agreement. If none is specified, the laws of the jurisdiction in which Tiba operates (or your jurisdiction, if required by local law) apply. Any disputes shall be resolved in the courts or arbitration fora specified in your agreement, or otherwise in a court of competent jurisdiction.
Changes
We may update these Terms from time to time. Material changes will be communicated via the product, email, or other reasonable means. Your continued use of the services after the effective date of the updated Terms constitutes acceptance. If you do not agree, you must stop using the services and may terminate in accordance with your agreement.
Contact
Questions about these Terms? Email legal@tiba.co.ke.