Terms of Service

By creating an account, accessing, or using MedBiCare ("the Service", "the Platform"), you ("you", "User") enter into a binding agreement with MedBiCare ("we", "us", "our", "the Company"). If you do not agree to any part of these Terms, you must not use the Service.

If you use MedBiCare on behalf of an organization, hospital, or medical school, you represent and warrant that you have full authority to bind that organization to these Terms.

MedBiCare is an AI-powered clinical decision-support tool. It is NOT a medical device, NOT a diagnostic device, and does NOT provide medical advice, diagnosis, treatment, prescription, or any form of autonomous clinical decision-making.

The Service is intended solely to assist licensed medical professionals in their clinical reasoning. It does not, and cannot, replace the professional judgment, examination, or supervision of a licensed clinician.

MedBiCare has not been cleared, approved, certified, or registered as a medical device by any regulatory authority in Kenya, the United States, the European Union, or elsewhere, unless explicitly stated in writing by the Company.

ALL outputs generated by MedBiCare — including but not limited to differential diagnoses, suggested investigations, treatment recommendations, medication suggestions, clinical summaries, and any generated medical reports — MUST be independently reviewed, verified, validated, and approved by a licensed, qualified medical doctor before being acted upon, shared with a patient, entered into a medical record, or used to inform any clinical decision.

AI outputs are provisional suggestions only. They may be incomplete, inaccurate, outdated, biased, or clinically inappropriate. The treating clinician bears full and sole responsibility for verifying every output against the patient's actual clinical picture, examination findings, and applicable standards of care.

Students, non-clinicians, and any users who are not licensed medical practitioners must NEVER act on MedBiCare outputs without direct supervision and sign-off by a licensed doctor. Use by students is strictly for educational purposes.

You expressly acknowledge and agree that failure to have a qualified doctor review any output before clinical use is a material breach of these Terms and constitutes your assumption of all resulting risks.

The treating clinician retains full, exclusive, and non-delegable responsibility for: patient diagnosis; ordering and interpretation of investigations; prescribing; referral; treatment decisions; monitoring; documentation; obtaining informed consent; and all aspects of patient care.

MedBiCare does not establish a doctor–patient relationship between MedBiCare and any patient. No such relationship arises from use of the Service.

You agree to use MedBiCare only in a manner consistent with your professional licence, applicable clinical guidelines, hospital policy, and the laws of your jurisdiction.

The Doctor plan is available only to licensed medical practitioners. The Student plan is available to enrolled medical students, verified by institutional email or student ID. Institutional plans are governed by a separate order form or Master Services Agreement.

You are responsible for maintaining the accuracy of your professional credentials on the Platform. We may suspend accounts where credentials cannot be verified.

You will not: (a) use MedBiCare for any unlawful, harmful, or fraudulent purpose; (b) use the Service as the sole basis for any clinical decision without qualified clinician review; (c) attempt to reverse-engineer, decompile, or bypass safety, rate-limit, or security controls; (d) enter patient identifiers you are not authorized to process under applicable data-protection law; (e) resell, sublicense, or share account access without a written agreement; (f) use the Service to train, benchmark, or develop competing AI systems; (g) upload malware, illegal content, or content that infringes third-party rights.

Fees are billed monthly or annually according to your chosen plan. Free trials automatically convert to paid subscriptions unless cancelled before the trial ends. All fees are non-refundable except where required by mandatory local law.

Payment methods include M-Pesa, Visa, Mastercard, PayPal, and DPO. Institutional customers may pay by invoice. Late payments may result in immediate suspension.

We may suspend or terminate accounts, without notice and without refund, that violate these Terms, pose a security or clinical-safety risk, fail to pay, or misrepresent professional credentials.

You may cancel your subscription at any time; access continues to the end of the current billing period. Termination does not relieve you of obligations that by their nature survive, including Sections 3, 4, 9, 10, 11, 12, and 13.

MedBiCare and its underlying software, AI agents, models, prompts, workflows, brand, and content are owned by the Company and its licensors. All rights not expressly granted are reserved.

You retain ownership of the raw case inputs you enter. You grant us a worldwide, royalty-free, limited licence to process those inputs solely to deliver, secure, and improve the Service, and to produce de-identified, aggregated analytics.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, complete, current, or suitable for any specific clinical scenario. We make no warranty regarding the accuracy or completeness of any AI output.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEDBICARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY: (a) death, personal injury, illness, misdiagnosis, delayed diagnosis, wrong treatment, adverse drug event, or any clinical outcome; (b) indirect, incidental, special, consequential, exemplary, or punitive damages; (c) loss of profits, revenue, data, goodwill, or business opportunity; (d) claims by patients or third parties arising out of clinical use of the Service.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IS LIMITED TO THE LESSER OF (i) THE FEES YOU ACTUALLY PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain exclusions; in such cases the exclusions apply only to the extent permitted by law.

You acknowledge that clinical practice involves inherent risk and that the use of AI in clinical settings carries additional risks including hallucination, bias, and outdated knowledge. You knowingly and voluntarily assume all such risks.

You agree to defend, indemnify, and hold harmless MedBiCare, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) any clinical decision or action taken with reference to a MedBiCare output; (c) your breach of these Terms; (d) your violation of any law or third-party right, including any patient's rights; (e) any content you upload or enter.

Our processing of personal data is governed by our Privacy Policy, which forms part of these Terms. You are responsible for ensuring you have all necessary legal bases, patient consents, and authorizations before entering any personal or clinical data into the Service.

For institutional customers processing identifiable patient data, a Data Processing Agreement (DPA) is available on request.

We are not liable for any failure or delay caused by events beyond our reasonable control, including internet outages, cyber-attacks, third-party AI provider failures, power failures, natural disasters, pandemics, war, or governmental action.

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law principles. The parties will first attempt to resolve disputes through good-faith negotiation. Unresolved disputes will be submitted to arbitration in Nairobi under the Nairobi Centre for International Arbitration Rules, before a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction.

We may update these Terms from time to time. Material changes will be notified by email or in-product notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and MedBiCare. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

Questions about these Terms: legal@medbicare.com.