Terms of service

1. About these terms

1.1 These terms of service (the “Terms”) govern access to and use of Hospify Pro, a cloud software-as-a-service (SaaS) platform for hospitals, diagnostic centres, clinics, doctor chambers and pharmacies, together with the website hospify.pro, mobile and desktop applications, the Hospify Local Server, lab connectors, APIs and related support (together, the “Service”).

1.2 The Service is provided by Flexify Ltd, a company registered in England and Wales with company number 16871618 (“Flexify”, “we”, “us”), which also operates in Bangladesh through its Dhaka office.

1.3 By starting a free trial, creating an account, signing an order form, paying an invoice or using the Service, the organisation you represent (the “Customer”, “you”) agrees to these Terms. If you accept on behalf of an organisation, you confirm you have authority to bind it.

1.4 Business use only. The Service is supplied only to businesses, healthcare providers and professionals acting in the course of their trade or profession. It is not offered to consumers.

1.5 These Terms incorporate our Privacy Policy, Data Processing Agreement, Refund & Cancellation Policy and the plan and price information on our pricing page. If you have a signed order form or agreement with us, that document takes priority where it conflicts with these Terms.

2. Definitions

• “Customer Data” — all data, including personal data and health data of patients, staff and doctors, that you or your Users enter into, upload to or generate in the Service.
• “User” — an individual you authorise to use the Service under your account, such as a doctor, nurse, technologist, receptionist, cashier or manager.
• “Plan” — the subscription plan you choose (for example Chamber, Clinic, Diagnostic, Hospital, Enterprise or Pharmacy), including its user, branch and feature limits.
• “Fees” — subscription fees, setup and implementation fees, add-on fees, messaging and AI credits, hardware and any other charges for the Service.
• “Subscription Term” — the monthly or annual period you have paid for, and each renewal.
• “Third-Party Services” — services not provided by Flexify, including payment gateways, mobile network operators, WhatsApp and other messaging platforms, cloud hosting and storage providers, internet service providers, laboratory analysers and their software, and any integration you connect.

3. The service

3.1 Subject to these Terms and payment of the Fees, we grant you a non-exclusive, non-transferable, non-sublicensable right for your Users to access and use the Service during the Subscription Term, within the limits of your Plan, for your internal business purposes.

3.2 Free trial. Each Plan may be tried free for 14 days, with sample data or your own data, without a payment card. The trial is provided “as is” for evaluation. At the end of the trial the account is paused unless you subscribe. Data entered during a trial may be deleted 30 days after the trial ends if you do not subscribe.

3.3 Changes to the Service. We continuously improve the Service and may add, change or remove features. We will not materially reduce the core functionality of your Plan during a paid Subscription Term. Beta or preview features are provided without any commitment and may be withdrawn.

3.4 On-premise and Local Server. Where the Service or the Hospify Local Server runs on hardware you own or provide, you are responsible for that hardware, its power supply, physical security, network, operating environment and local backups.

4. Accounts and users

4.1 You must provide accurate account and billing information and keep it up to date.

4.2 You are responsible for all activity under your account, for creating and removing Users, for assigning appropriate roles and permissions, and for ensuring each User complies with these Terms.

4.3 Login credentials are personal. You must keep passwords and devices secure, enable two-factor authentication where available, and tell us immediately at [email protected] if you suspect unauthorised access. We are not responsible for any loss arising from credentials that are shared, weak, stolen, phished or otherwise compromised outside our systems.

5. Your responsibilities

You are responsible for:

• holding all licences, registrations and approvals required to operate your facility and to practise medicine, pharmacy or laboratory services;
• having a lawful basis and any required consents or notices for collecting and processing patient and staff data, including for sending reports and messages by WhatsApp and SMS;
• the accuracy, completeness and lawfulness of Customer Data, including test prices, reference ranges, drug information, templates, discounts and commission rules you configure;
• reviewing results, reports, bills and messages before relying on them or releasing them to patients;
• your own computers, phones, printers, barcode equipment, analysers, network, internet connection, antivirus and operating system updates;
• training your staff and keeping your processes (including paper fall-back procedures for emergencies) appropriate to your facility;
• keeping your own copies of any data you are legally required to retain, using the export tools provided.

6. Clinical responsibility and AI

6.1 Hospify Pro is administrative and clinical-workflow software. It is not a medical device and does not provide medical advice, diagnosis or treatment. All clinical decisions, prescriptions, report verification and patient care remain the sole responsibility of the qualified professionals at your facility.

6.2 Drug databases, templates, reference ranges, interaction checks, alerts, calculations and AI Assistant outputs (such as summaries, suggestions and plain-language explanations) are aids only. They may be incomplete or wrong and must be reviewed and confirmed by a qualified professional before use.

6.3 We are not liable for any clinical outcome, misdiagnosis, treatment decision or patient harm arising from the use of, or reliance on, the Service or its outputs.

7. Acceptable use

You and your Users must not:

• use the Service for any unlawful purpose or in breach of medical confidentiality or data protection law;
• send spam, unsolicited marketing or messages without the recipient’s permission through the messaging features;
• upload malware, or attempt to probe, scan, penetrate or test the vulnerability of the Service without our written permission;
• access another customer’s data, or attempt to bypass authentication, rate limits or plan limits;
• copy, resell, sublicense, frame or reverse engineer the Service, except as allowed by law or under a white-label agreement;
• use the Service to build a competing product, or scrape it by automated means;
• share User logins between multiple people.

We may suspend access immediately if we reasonably believe a breach of this section threatens the security, integrity or availability of the Service or other customers.

8. Fees, billing and taxes

8.1 Fees are as shown on our pricing page or your order form. Subscriptions are billed in advance, monthly or annually (annual billing: pay for 10 months, get 12).

8.2 Subscriptions renew automatically for the same period unless cancelled before the renewal date. Where you pay by a method that supports auto-renewal (for example bKash, card, Stripe or PayPal), you authorise us and our payment providers to charge the renewal Fees.

8.3 Add-ons are prorated when added mid-cycle. Upgrades take effect immediately and the difference is prorated. Downgrades and removals take effect at the next renewal.

8.4 Messaging and AI credits are prepaid, valid for 12 months from purchase, and are deducted for messages sent and completed AI requests; messages that fail to send are not charged. Unused credits expire and are not refundable or exchangeable for cash.

8.5 Setup, implementation, data migration, training and custom work are charged as quoted and are due before work starts unless agreed otherwise.

8.6 Fees exclude VAT, sales tax and other applicable taxes, duties and government charges, which you must pay in addition. Payment gateway, bank and currency conversion charges are your responsibility.

8.7 Price changes. We may change prices with at least 60 days’ notice. New prices apply from your next renewal after the notice period; your current paid Subscription Term is not affected.

9. No refunds

9.1 Because every Plan comes with a 14-day free trial, you can evaluate the Service before paying. We do not give refunds or credits for partial periods, unused Users, branches or features, downgrades, cancellation part-way through a term, or periods in which you did not use the Service.

9.2 The only exceptions are: (a) a duplicate or mistaken charge caused by our billing error, which we will refund or credit once verified; and (b) where a refund is required by mandatory law that cannot be excluded by contract. Full details are in our Refund & Cancellation Policy.

9.3 If you raise a chargeback or payment dispute for Fees that are valid under these Terms, we may suspend the account until it is resolved and recover our costs of handling it.

10. Late payment and suspension

10.1 If Fees are not paid by the due date, we will send reminders. After a 14-day grace period the account becomes read-only: you can still view and export all your data, but cannot add new work until the account is paid.

10.2 We will never delete patient data, or block you from viewing and exporting it, solely because of late payment during the subscription. If Fees remain unpaid for 90 days after the account becomes read-only, we may terminate the subscription under section 21, after giving you notice and a final opportunity to export your data.

10.3 We may also suspend access, wholly or partly, where required by law, to prevent a security threat, or for a serious breach of section 7.

11. Messaging, payments and third-party services

11.1 Messaging features rely on Third-Party Services such as WhatsApp (Meta), SMS gateways and mobile network operators. Delivery times and success are controlled by those providers and by the recipient’s phone and network. We do not guarantee that any message will be delivered, delivered on time, or read. You are charged only for messages reported as delivered.

11.2 Use of WhatsApp business messaging is also subject to Meta’s policies. If a provider suspends, restricts or changes its service, pricing or rules, we may need to change or suspend the related feature, and we are not liable for the effect of that change.

11.3 Online payments from your patients (for example by bKash, Nagad, SSLCommerz, Stripe or PayPal) are processed by those payment providers under their own terms. We are not a bank or payment institution and are not responsible for failed, delayed, reversed or disputed payments, or for funds held by a payment provider.

11.4 Laboratory analyser integrations depend on the analyser, its interface, its manufacturer’s software and your local network and computers. Results received from analysers must be reviewed and verified by your staff before release.

11.5 We are not responsible for Third-Party Services, their availability, security, accuracy or acts and omissions, or for any loss they cause.

12. Your data

12.1 You own your Customer Data. You grant us a licence to host, process, transmit and display it only as needed to provide, secure and support the Service and as described in our Data Processing Agreement.

12.2 For patient and staff data you are the data controller and we act as your data processor. The Data Processing Agreement forms part of these Terms.

12.3 You can export a full copy of your Customer Data at any time from the Service at no extra charge.

12.4 We may use aggregated, anonymised data that does not identify you, your patients or any individual to operate, analyse and improve the Service.

12.5 After cancellation or termination, your account stays available for export for 30 days. After that, Customer Data is deleted from the live system and then from backups as they rotate out, unless the law requires us to keep it.

13. Security

13.1 We maintain reasonable technical and organisational security measures appropriate to health data, including a separate encrypted database per facility, encryption in transit and at rest, role-based access, two-factor authentication options, audit logs and regular off-site backups. More detail is on our security page.

13.2 No system connected to the internet can be guaranteed to be completely secure. We do not warrant that the Service will be free from unauthorised access, hacking, malware, ransomware, denial-of-service attacks or other cyberattacks. If we become aware of a security breach affecting your Customer Data, we will notify you without undue delay and help you meet your obligations, as set out in the Data Processing Agreement.

13.3 You are responsible for the security of your own devices, networks, Wi-Fi, email accounts, User credentials and any data you download, print or export from the Service.

14. Availability, offline mode and support

14.1 We aim to keep the Service available 24 hours a day, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance will, where possible, be carried out at times of low use and announced in advance. Any service-level commitment applies only if it is set out in a signed Enterprise agreement.

14.2 Offline mode lets devices keep working during internet outages and sync when the connection returns. Offline mode depends on the device, browser and its storage; data held only on a device that is lost, damaged, reset or cleared before it syncs may be lost. Some features, such as online booking, messaging and payments, require an internet connection.

14.3 Support is provided by WhatsApp and in-app on all Plans, with phone and on-site support for Hospital and Enterprise Plans as described on the pricing page. Support does not include fixing problems caused by your equipment, network, third-party software or misuse.

15. Intellectual property

15.1 We and our licensors own all rights in the Service, its software, design, content, documentation and the Hospify Pro and Flexify names and logos. Except for the rights expressly granted in these Terms, no rights are transferred to you.

15.2 If you give us suggestions or feedback, we may use them freely without obligation to you.

15.3 You keep all rights in your Customer Data, your logos and your letterheads.

16. Confidentiality

Each party will keep the other’s confidential information confidential, use it only for the purposes of these Terms, and disclose it only to staff, advisers and subcontractors who need to know and are bound by confidentiality, or where required by law or a competent authority.

17. Disclaimers

17.1 We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise — including as to satisfactory quality, fitness for a particular purpose, accuracy and non-infringement — are excluded.

17.2 We do not warrant that the Service will meet every requirement of your facility, that it will be uninterrupted or error-free, or that it complies with every law or regulation applicable to your particular practice or country. You are responsible for confirming that your use of the Service meets your legal and regulatory obligations.

18. Limitation of liability

18.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

18.2 Subject to section 18.1, we will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

• loss of profits, revenue, business, contracts, goodwill or anticipated savings;
• loss or corruption of data, except our obligation to use reasonable efforts to restore it from our most recent available backup;
• any indirect, special or consequential loss;
• loss caused by hacking, cyberattacks, malware, ransomware, denial-of-service attacks or other unauthorised access by third parties, except to the extent caused by our failure to take the security measures described in section 13.1;
• loss caused by failure, interruption or slowness of the internet, telecommunications networks, mobile networks, electricity supply, or the networks and equipment of you or your patients;
• loss caused by outages, failures or acts of Third-Party Services, including hosting and cloud providers, payment gateways, messaging platforms and analyser manufacturers;
• loss caused by compromised User credentials, your devices, your configuration, data you entered, or your failure to follow our reasonable instructions;
• clinical decisions, patient outcomes or reliance on any output of the Service, as described in section 6;
• any event described in section 19.

18.3 Subject to section 18.1, our total aggregate liability arising out of or in connection with these Terms and the Service in any 12-month period is limited to the Fees you actually paid to us for the Service in the 12 months before the event giving rise to the claim.

18.4 You agree that these limits are reasonable given the price of the Service, the availability of the free trial, your ability to export your data at any time, and your ability to obtain your own insurance.

18.5 Any claim must be notified to us in writing within 12 months of the date you became aware, or ought reasonably to have become aware, of it.

19. Events beyond our control (force majeure)

19.1 We will not be in breach of these Terms, or liable for any delay or failure in performing them, if the delay or failure is caused by an event beyond our reasonable control, including:

• natural disasters, floods, cyclones, storms, earthquakes, fire, epidemics and pandemics;
• war, terrorism, civil unrest, riots, strikes, lockouts and political disturbances;
• acts or orders of government or regulators, including internet shutdowns, restrictions or blocking;
• failure or disruption of the internet, undersea cables, international gateways, telecommunications or electricity networks;
• cyberattacks, hacking, ransomware, distributed denial-of-service attacks and other malicious acts of third parties, despite our reasonable security measures;
• outages or failures of data centres, cloud hosting, storage, DNS or other providers on which the Service depends.

19.2 We will use reasonable efforts to reduce the effect of the event and to restore the Service. If an event prevents the Service from being provided for more than 30 consecutive days, either party may end the affected subscription by written notice. Fees already paid are not refundable, as set out in section 9.

20. Indemnity

You will indemnify us against claims, losses, fines and reasonable costs (including legal fees) arising from: your Customer Data; your breach of data protection, medical or other law; clinical decisions made at your facility; messages you send through the Service; or your breach of section 7.

21. Term and termination

21.1 These Terms apply from when you first use the Service until all subscriptions end.

21.2 You may cancel at any time from your account settings or by emailing us. Cancellation stops the next renewal; the Service continues until the end of the paid Subscription Term, and no refund is given for the remaining period.

21.3 Either party may terminate immediately by written notice if the other commits a material breach that is not remedied within 30 days of notice, or becomes insolvent. We may also terminate under section 10.2.

21.4 On termination your right to use the Service ends, all unpaid Fees become due, and section 12.5 applies to your data. Sections that by their nature should survive (including 6, 9, 12, 15–20 and 23) continue to apply.

22. Changes to these Terms

We may update these Terms from time to time. We will publish the updated version on this page and, for material changes, notify account owners by email or in the Service at least 30 days before they take effect. Continued use after that date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.

23. Governing law and disputes

23.1 These Terms and any dispute arising from them are governed by the law of England and Wales.

23.2 The parties will first try to resolve any dispute in good faith by contacting each other’s senior representatives. If it is not resolved within 30 days, the courts of England and Wales have exclusive jurisdiction, except that we may bring proceedings to recover unpaid Fees or protect our intellectual property in the courts of the country where you are based.

23.3 Nothing in these Terms removes rights you have under mandatory laws of your own country that cannot be excluded by contract.

24. General

• Entire agreement. These Terms, together with the documents in section 1.5 and any signed order form, are the entire agreement between us about the Service.
• Assignment. You may not assign these Terms without our consent. We may assign them to a group company or to a buyer of our business, with notice to you.
• Subcontractors. We may use subcontractors and sub-processors, and remain responsible for their performance as set out in the Data Processing Agreement.
• Notices. Notices to us must be sent to [email protected]; notices to you go to the account owner’s email.
• Severability. If any provision is found invalid or unenforceable, the rest remains in force, and the provision applies to the maximum extent permitted.
• No waiver. A delay in enforcing a right is not a waiver of it.
• Third parties. No one other than you and us has any right to enforce these Terms.
• Language. These Terms are written in English. If they are translated, the English version prevails.

25. Contact

Questions about these Terms: [email protected] · WhatsApp chat with us · Bangladesh +88 013 01 332200 · UK +44 7782 256307.

Flexify Ltd, registered in England and Wales (company number 16871618), 82A James Carter Road, Mildenhall, Bury St Edmunds IP28 7DE, United Kingdom. Bangladesh office: Flexify Ltd, 752/2 West Shewrapara, Begum Rokeya Sarani, Mirpur, Dhaka-1216. Email [email protected].