Terms and Conditions

4.1 Registration. To use certain parts of the Service, you may be required to create an Account and provide accurate, current, and complete information.

4.2 Credentials. You are responsible for maintaining the confidentiality of usernames, passwords, access keys, and other credentials used to access the Service.

4.3 Responsibility for Activity. You are responsible for all activities occurring under your Account or through your Authorized Users, whether or not specifically authorized by you.

4.4 Security Notification. You must promptly notify us if you become aware of any unauthorized access to your Account or any security incident affecting the Service.

4.5 Account Suspension. We may suspend access where reasonably necessary to protect the Service, other users, or our systems, including in cases of suspected fraud, security compromise, unlawful activity, or material breach of these Terms.

5.1 License Grant. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business operations.

5.2 Authorized Users. You may permit your Authorized Users to use the Service solely for your internal operations, and you remain responsible for their compliance with these Terms.

5.3 Restrictions. You must not, and must not allow any third party to:

• copy, modify, adapt, translate, or create derivative works of the Service, except as expressly permitted by law;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, or trade secrets of the Service, except to the limited extent such restriction is prohibited by applicable law;
• sell, resell, license, sublicense, lease, rent, distribute, or otherwise make the Service available to third parties other than Authorized Users;
• use the Service to build or support a competing product or service;
• interfere with, disrupt, or attempt unauthorized access to the Service or related systems;
• use the Service in violation of law, regulation, professional obligations, privacy obligations, or intellectual property rights of others;
• upload malicious code, malware, ransomware, or other harmful content.

6.1 Ownership. As between the parties, you retain all rights, title, and interest in and to Customer Data.

6.2 Limited Rights to Process. You authorize us to host, store, copy, transmit, retrieve, analyze, format, back up, and otherwise process Customer Data solely as necessary to provide, secure, maintain, support, improve, and comply with law in relation to the Service.

6.3 User Responsibility. You are responsible for the legality, accuracy, quality, and integrity of Customer Data and for ensuring that you have all rights, notices, consents, and lawful bases required to provide Customer Data to us and to permit its processing through the Service.

6.4 Backups. You remain responsible for maintaining appropriate backups and archival copies of Customer Data unless otherwise expressly agreed in writing.

7.1 Compliance with Privacy Laws. Each party shall comply with applicable data protection and privacy laws in connection with its performance under these Terms, including Thailand’s Personal Data Protection Act B.E. 2562 (2019), where applicable.

7.2 Roles of the Parties. Depending on the circumstances, you may act as a data controller and we may act as a data processor or service provider in relation to personal data processed through the Service. The parties may enter into a separate data processing agreement if required by law, customer policy, or contract.

7.3 Sensitive Personal Data. If the Service is used to process health information or other sensitive personal data, you must ensure that such processing is lawful and that all required notices, consents, exemptions, or other legal bases are in place before data is uploaded or processed through the Service.

7.4 Cross-Border Transfers. If personal data is transferred across borders through the Service or its infrastructure, the parties shall implement appropriate safeguards and documentation as required by applicable law.

7.5 Privacy Policy. Our collection and use of personal data relating to website visitors, users, and account contacts are described in our Privacy Policy.

8.1 We will implement reasonable administrative technical, and organizational safeguards designed to protect the Service and Customer Data against unauthorized access, destruction, loss, alteration, or disclosure.

8.2 No system can be guaranteed to be completely secure. You acknowledge that, despite reasonable safeguards, we cannot warrant absolute security.

8.3 You are responsible for configuring your own internal access controls, device security, user permissions, and operational safeguards for use of the Service.

9.1 The Service is intended to assist with operational, administrative, recordkeeping, coordination, reporting, or workflow functions and is not a substitute for professional medical, nursing, clinical, legal, or regulatory judgment.

9.2 You are solely responsible for:

• all diagnoses, treatment decisions, care decisions, medication decisions, and clinical judgments;
• verifying the completeness and accuracy of records and outputs generated through the Service;
• ensuring that the Service is used only by appropriately authorized personnel;
• complying with healthcare, medical record, privacy, cybersecurity, licensing, and professional requirements applicable to your organization.

9.3 We do not warrant that use of the Service will satisfy any specific accreditation, reimbursement, licensing, medical record retention, or regulatory requirement unless expressly agreed in writing.

The Service may interoperate with third-party platforms, infrastructure, hosting providers, payment processors, communication tools, APIs, or software applications. Your use of third-party services is subject to those third parties’ terms and privacy policies.

We are not responsible for third-party services, including their availability, security, or performance, except to the extent expressly stated in a written agreement.

11.1 Our IP. We and our licensors own all rights, title, and interest in and to the Service, Documentation, software, designs, interfaces, know-how, trademarks, logos, and related intellectual property, excluding Customer Data.

11.2 Feedback. If you provide suggestions, comments, enhancement requests, or feedback regarding the Service, we may use them without restriction or obligation, and without payment to you.

11.3 Reservation of Rights. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You must not use the Service to:

• violate law or regulation;
• infringe intellectual property or privacy rights;
• transmit unlawful, defamatory, fraudulent, abusive, obscene, or harmful material;
• distribute spam, phishing, or deceptive messages;
• introduce malicious code or disrupt the integrity or performance of the Service;
• test, scan, or probe vulnerabilities without authorization;
• engage in conduct that could damage our systems, reputation, or other users.

We may investigate violations and take appropriate action, including removing content, suspending access, terminating Accounts, or cooperating with lawful requests from competent authorities.

13.1 By You. You may stop using the Service at any time.

13.2 By Us. We may suspend or terminate your access upon notice if:

• you materially breach these Terms and fail to cure within the permitted cure period, if any;
• your use creates a security risk, legal risk, or material operational burden;
• we are required to do so by law or by order of a competent authority.

13.3 Effect of Termination. Upon termination:

• your right to access and use the Service ends;
• we may disable or delete access credentials;
• Customer Data may be deleted or returned in accordance with our retention practices, applicable law, and any written agreement between the parties.

13.4 Survival. Provisions that by nature should survive termination shall survive, including provisions on intellectual property, confidentiality, disclaimers, liability limits, indemnity, and dispute resolution.

14.1 Each party receiving non-public information from the other party (“Confidential Information”) shall:

• use it only as necessary to perform or exercise rights under these Terms; and
• protect it using reasonable care.

14.2 Confidential Information does not include information that:

• is or becomes public without breach;
• was already lawfully known to the receiving party;
• is lawfully received from a third party without confidentiality duty; or
• is independently developed without use of the disclosing party’s Confidential Information.

14.3 A receiving party may disclose Confidential Information if required by law, regulation, court order, or regulatory request, provided that it gives prior notice where legally permitted.

15.1 Mutual Authority. Each party warrants that it has authority to enter into these Terms.

15.2 Service Warranty. We warrant that the Service will materially conform to the applicable Documentation when used in accordance with these Terms.

15.3 Disclaimer. Except as expressly stated in these Terms, the Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, or error-free operation.

16.1 To the fullest extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or anticipated savings, even if advised of the possibility of such damages.

16.2 To the fullest extent permitted by applicable law, our aggregate liability arising out of or relating to the Service or these Terms shall not exceed the total fees paid or payable by you for the Service during the twelve (12) months preceding the event giving rise to the claim.

16.3 The limitations in this section do not exclude liability that cannot lawfully be excluded or limited under applicable law.

You shall indemnify and hold harmless the Company and its directors, officers, employees, and agents from and against third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• your breach of these Terms;
• your unlawful or unauthorized use of the Service;
• your Customer Data;
• your violation of law or third-party rights.

We may assume control of the defense and settlement of any claim subject to indemnification, and you shall cooperate as reasonably requested.

You agree that we may provide notices, disclosures, updates, and other communications electronically, including through email, in-app notice, dashboard notice, or website posting.

19.1 Service Changes. We may modify, update, enhance, or discontinue features of the Service from time to time.

19.2 Terms Changes. We may amend these Terms by posting an updated version or notifying you through the Service or by email. Material changes will take effect on the date stated in the notice. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms, unless applicable law requires a different mechanism.

20.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of Thailand.

20.2 Good Faith Discussion. Before commencing formal proceedings, the parties shall attempt in good faith to resolve any dispute through negotiations for at least 30 days after written notice of the dispute.

20.3 Courts. Unless otherwise agreed in writing, the courts of Bangkok, Thailand shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms.

21.1 Entire Agreement. These Terms, together with the Privacy Policy and any incorporated policies, constitute the entire agreement between the parties regarding the Service.

21.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.

21.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

21.4 No Waiver. Failure to enforce any provision is not a waiver of that provision.

21.5 Force Majeure. Neither party is liable for delay or failure resulting from causes beyond its reasonable control, including natural disasters, public health events, war, labor disputes, internet failure, utility failure, cyber incidents by third parties, or governmental actions.

21.6 Relationship of Parties. The parties are independent contractors. Nothing creates a partnership, joint venture, fiduciary relationship, or agency relationship.