Terms of Service

“Customer” means the hospital or healthcare facility that has signed an MSA with ACOS to use the Service.

“Authorised User” means an employee, contractor, or agent of the Customer who has been granted access to the Service under the Customer’s account.

“Customer Data” means data provided to or generated within the Service by the Customer or its Authorised Users, including patient records and operational data.

Subject to the Customer’s payment of fees and compliance with these Terms and the MSA, ACOS grants the Customer a non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its internal hospital operations during the subscription term.

The Customer is responsible for the accuracy and lawfulness of Customer Data, for managing the access of Authorised Users, and for maintaining appropriate hospital-side security practices (including but not limited to: password discipline, device security, prompt offboarding of departed staff).

The Customer is responsible for compliance with healthcare and data protection laws applicable to its operation as a healthcare provider, including the Ghana Data Protection Act.

The Customer agrees not to:

• Use the Service to violate any law or regulation, including healthcare and data protection regulations.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use the Service to transmit malicious code, conduct security attacks, or interfere with other customers’ use of the Service.
• Resell, sublicense, or otherwise commercially redistribute access to the Service without explicit written permission.

Subscription fees are set out in the Customer’s MSA. Fees are payable in advance per the billing cycle agreed therein (typically monthly or annually). Late payment may result in suspension of the Service after appropriate notice.

We aim for 99.5% monthly uptime, excluding scheduled maintenance windows communicated at least 48 hours in advance and force-majeure events. Specific service-level commitments and remedies are defined in the MSA.

For incidents that block clinical care, our priority response SLA is one hour during business hours.

Customer Data is and remains the property of the Customer. ACOS processes Customer Data on the Customer’s behalf under the terms of the Data Processing Agreement (DPA) that accompanies the MSA.

Upon termination, the Customer may export all Customer Data in standard formats (CSV, JSON) within 60 days of termination. After 90 days, ACOS will permanently delete Customer Data unless a longer retention is required by law.

Each party agrees to keep confidential information received from the other in confidence, and to use it only for the purposes of the relationship. Customer Data is treated as the Customer’s confidential information at all times.

To the extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages. ACOS’s aggregate liability is limited to fees paid by the Customer in the 12 months preceding the claim.

Nothing in these Terms limits liability for: (a) gross negligence or willful misconduct; (b) breach of confidentiality obligations relating to patient data; (c) any liability that cannot be limited under applicable law.

Either party may terminate the relationship in accordance with the terms of the MSA. ACOS may suspend or terminate access for material breach of these Terms, including non-payment, after appropriate notice and opportunity to cure.

These Terms are governed by the laws of the Republic of Ghana. Disputes will be resolved in the courts of Ghana, unless the MSA specifies a different dispute-resolution forum.

We may update these Terms from time to time. Changes will be posted on this page with a revised effective date and communicated to active customers at least 30 days before taking effect.

Questions about these Terms or the MSA: support@africacos.com.