Legal Agreement

Service Agreement

Effective Date: 13 September 2026

1. Definitions

In this Agreement, unless the context otherwise requires:

• “Agreement” means this Service Agreement, including all schedules and annexures.
• “HealthCharts” means HealthCharts (Pty) Ltd, registration number [insert], a private company incorporated in the Republic of South Africa.
• “Platform” means the HealthCharts healthcare collaboration software, website, applications, and related services.
• “Practitioner” means a registered healthcare professional who creates an account on the Platform.
• “User” means any person who registers on or uses the Platform, including Practitioners, Patients, Family Members, Hospital Representatives, and Administrators.
• “Personal Information” has the meaning given in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
• “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended.
• “CPA” means the Consumer Protection Act 68 of 2008, as amended.
• “ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended.
• “Content” means all data, information, text, graphics, and materials uploaded, stored, or processed on the Platform by Users.

2. Services Provided

2.1. HealthCharts provides a secure, cloud-based healthcare collaboration platform that enables:

• Electronic medical record management
• Patient-family communication workflows
• Biometric monitoring and clinical documentation
• Voice dictation and transcription services
• Secure messaging and collaboration between healthcare professionals
• Hospital continuity and patient transfer management
• Reporting and analytics

2.2. HealthCharts may update, modify, or enhance the Services from time to time. Users will be notified of material changes.

2.3. The Platform is provided “as is” and “as available” without warranty of uninterrupted or error-free operation.

3. User Obligations

3.1. By using the Platform, you agree to:

• Provide accurate and complete registration information
• Maintain the confidentiality of your login credentials
• Not share your account with any third party
• Comply with all applicable laws, including the Health Professions Act, the National Health Act, and POPIA
• Use the Platform only for lawful healthcare purposes
• Not upload or transmit any malicious code, viruses, or harmful content

3.2. Practitioners must be registered with the Health Professions Council of South Africa (“HPCSA”) or the relevant regulatory body.

3.3. Users are solely responsible for the accuracy, completeness, and legality of all Content they upload to the Platform.

4. Data Protection and Privacy (POPIA)

4.1. HealthCharts processes Personal Information in accordance with POPIA. We are committed to protecting the privacy and security of all Personal Information collected via the Platform.

4.2. By using the Platform, you consent to the collection, processing, storage, and sharing of your Personal Information as described in our Privacy Policy.

4.3. Consent: You expressly consent to the processing of your Personal Information for the purposes of providing the Services, including:

• Creating and maintaining your account
• Storing and managing patient records
• Facilitating communication between healthcare providers, patients, and families
• Biometric monitoring and clinical documentation
• Voice dictation and transcription
• Compliance with healthcare regulations and audit requirements

4.4. Data Subject Rights: Under POPIA, you have the right to:

• Access your Personal Information
• Request corrections to inaccurate or incomplete information
• Request deletion of your Personal Information where legally permissible
• Object to the processing of your Personal Information
• Withdraw your consent at any time

4.5. Security Measures: HealthCharts implements appropriate technical and organisational measures to protect Personal Information against unauthorised access, loss, or destruction.

4.6. Data Retention: Personal Information will be retained for as long as necessary to fulfil the purposes for which it was collected, or as required by law.

5. Intellectual Property Rights

5.1. All intellectual property rights in and to the Platform, including software, design, content, and trademarks, are owned by or licensed to HealthCharts.

5.2. Users retain ownership of their Content. By uploading Content to the Platform, you grant HealthCharts a non-exclusive, royalty-free licence to store, process, and display such Content for the purpose of providing the Services.

5.3. Users may not copy, modify, reproduce, or distribute any part of the Platform without prior written consent from HealthCharts.

6. Fees and Payment

6.1. Fees for the Services are set out on the HealthCharts Pricing Page and are subject to change with reasonable notice.

6.2. Practitioners are responsible for paying all applicable fees in accordance with their selected subscription plan.

6.3. All fees are inclusive of VAT unless otherwise stated.

6.4. Failure to pay may result in suspension or termination of access to the Platform.

7. Free Trial, Account Deletion and Data Purging

7.1. 7‑Day Free Trial

7.1.1. When a Practitioner registers on the Platform, they are granted a 7‑day free trial beginning on the date of registration.

7.1.2. During the trial period, the Practitioner has full access to all features of the Platform.

7.1.3. On the 5th day of the trial, at 08:00 South African Standard Time (SAST), an automatic countdown timer will begin and will be displayed on the Practitioner’s dashboard.

7.1.4. The countdown will continue until the end of the 7‑day trial. The Practitioner will be notified via the Platform and email reminders.

7.2. Data Purging and Account Deletion upon Trial Expiry

7.2.1. Upon expiry of the 7‑day trial, the Practitioner will be automatically logged out and their account, along with all associated data, will be purged from the HealthCharts systems.

7.2.2. Data deleted includes, but is not limited to:

• All patient records and medical data
• Clinical notes, voice recordings, and transcriptions
• Biometrics and monitoring data
• Patient‑family communications and transfers
• All uploaded documents, images, and files
• Personal information, contact details, and login credentials

7.2.3. This deletion is immediate and irreversible. HealthCharts does not retain any copies of the data and cannot recover it after purging.

7.2.4. Practitioners who wish to avoid data loss must subscribe to a paid plan before the end of the 7‑day trial. Subscribing will automatically stop the countdown and cancel the deletion process.

7.2.5. If a Practitioner subscribes to a paid plan after the trial has expired but before the purge is executed (normally within seconds of expiry), the purge will be cancelled and the account will be preserved. However, this is not guaranteed and we strongly advise subscribing before the last day.

7.3. Voluntary Account Deletion

7.3.1. Practitioners may also request voluntary deletion of their account at any time, without waiting for the trial to expire.

7.3.2. To request deletion, the Practitioner must contact HealthCharts support or use the “Deactivate Account” function available in the Platform settings.

7.3.3. Upon receiving a valid deletion request, HealthCharts will process the deletion within 7 business days. The Practitioner will receive a confirmation email once the deletion is complete.

7.3.4. Voluntary deletion results in the same permanent and irreversible deletion of all data and personal information.

7.4. Exceptions

7.4.1. HealthCharts may retain certain aggregated, anonymised, or de‑identified data for analytical purposes, but this data will not be linked to any individual Practitioner.

7.4.2. HealthCharts may also retain data as required by law, such as mandatory healthcare records retention periods, but such data will be anonymised or stored separately from the Practitioner’s identifiable information.

7.5. Notification of Deletion

7.5.1. HealthCharts will send email notifications to the Practitioner at key points during the trial:

• Day 4 (reminder that the trial ends in 3 days)
• Day 6 (final 24‑hour reminder)
• On the day of expiry (immediate notification that the account has been purged)

7.5.2. It is the Practitioner’s responsibility to keep their email address up to date to receive these notifications.

8. Term and Termination

8.1. This Agreement commences on the date you accept these terms and continues until terminated.

8.2. You may terminate this Agreement at any time by deactivating your account or by providing written notice to HealthCharts.

8.3. HealthCharts may suspend or terminate your access to the Platform if you breach this Agreement, fail to pay fees, or engage in unlawful conduct.

8.4. Upon termination, HealthCharts will delete your Personal Information in accordance with POPIA and applicable law, subject to the provisions of Section 7 above.

9. Limitation of Liability

9.1. Medical Disclaimer: HealthCharts is a platform for healthcare collaboration and medical record management. It does not provide medical advice, diagnosis, or treatment. All clinical decisions remain the sole responsibility of the treating practitioner.

9.2. To the maximum extent permitted by South African law, HealthCharts and its directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of data, revenue, or profits
• Clinical decisions or patient outcomes
• Any harm arising from unauthorised access to or use of the Platform
• Interruptions, errors, or downtime of the Platform

9.3. CPA Compliance: Nothing in this clause purports to exclude liability for:

• Gross negligence on the part of HealthCharts
• Any loss that cannot be excluded under the CPA

9.4. HealthCharts’ total aggregate liability to you shall not exceed the total fees paid by you to HealthCharts in the twelve (12) months preceding the claim.

9.5. You acknowledge that you use the Platform at your own risk.

9.6. This limitation of liability applies to the fullest extent permitted under the CPA. Where the CPA applies and provides for stricter liability, the CPA provisions shall prevail.

10. Indemnity

You agree to indemnify and hold harmless HealthCharts, its directors, employees, and affiliates from and against any claims, losses, liabilities, damages, costs, and expenses arising from:

• Your breach of this Agreement
• Your misuse of the Platform
• Your violation of any law or regulation
• Any claim that your Content infringes the rights of any third party

11. Consumer Protection Act (CPA) Compliance

11.1. This Agreement is subject to the Consumer Protection Act 68 of 2008. No provision of this Agreement shall be construed as limiting any consumer rights under the CPA.

11.2. Cooling‑off Period: If you are a consumer, you have the right to cancel this agreement within 5 business days from the date of registration without any penalty. To cancel, please email us at legal@healthcharts.co.za.

11.3. Unfair Terms: Any term that is found to be unfair, unreasonable, or unjust under Section 48 of the CPA shall be severable and the remaining terms shall continue in full force.

11.4. Plain Language: This agreement is written in plain language as required by Section 49 of the CPA. If you require any clarification, please contact us.

11.5. Liability: As set out in Section 9, no provision of this agreement excludes liability for gross negligence or for any loss that the CPA does not allow to be excluded.

12. Dispute Resolution

12.1. Any dispute arising from this Agreement shall first be referred to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”).

12.2. If mediation fails, the dispute shall be resolved by arbitration in terms of the AFSA Rules, with arbitration held in Johannesburg, South Africa.

12.3. This clause does not prevent either party from seeking urgent relief from any competent court.

13. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, including the CPA, POPIA, and ECTA.

14. General Provisions

14.1. Entire Agreement: This Agreement constitutes the entire agreement between you and HealthCharts regarding the Services.

14.2. Amendment: HealthCharts may amend this Agreement by posting the revised version on the Platform. Your continued use constitutes acceptance of the revised terms.

14.3. Waiver: Any failure to enforce any provision of this Agreement shall not constitute a waiver of such provision.

14.4. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.5. Consumer Rights: Nothing in this Agreement affects any rights you may have under the CPA or any other applicable consumer protection law.

HealthCharts (Pty) Ltd
Email: legal@healthcharts.co.za
Website: healthcharts.co.za