Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Summer Health ("Company," "we," "our," or "us") governing your access to and use of our health technology platforms, medical devices, software applications, telemedicine services, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility and Account Registration

2.1 Age and Capacity

You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. Minors may use our Services only with parental or legal guardian consent and supervision.

2.2 Account Responsibilities

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Accept responsibility for all activities conducted under your account
• Ensure healthcare providers using the platform are properly licensed and credentialed

3. Medical Services and Disclaimer

3.1 Not a Substitute for Professional Medical Advice

Our Services facilitate healthcare delivery but do not replace professional medical judgment. The information and tools provided through our platform are for informational and support purposes. Always seek the advice of qualified healthcare professionals for medical conditions, diagnoses, and treatments.

3.2 Healthcare Provider Relationship

We provide technology infrastructure connecting patients with healthcare providers. The actual medical services are performed by independent, licensed healthcare professionals. Summer Health does not practice medicine and is not responsible for the clinical decisions or actions of healthcare providers using our platform.

3.3 Emergency Situations

Our Services are not designed for medical emergencies. In case of emergency, immediately call local emergency services or visit the nearest emergency facility. Do not rely on our platform for urgent or life-threatening medical situations.

4. Acceptable Use

4.1 Permitted Use

You may use our Services for lawful healthcare purposes in accordance with these Terms and applicable laws and regulations.

4.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Impersonate any person or entity or falsify credentials
• Transmit malicious code, viruses, or harmful components
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Collect or harvest personal information without consent
• Use our Services for fraudulent, abusive, or illegal activities
• Reverse engineer, decompile, or disassemble our software or devices
• Resell or commercially exploit our Services without authorization
• Submit false or misleading health information

5. Intellectual Property Rights

5.1 Ownership

All intellectual property rights in our Services, including software, algorithms, hardware designs, trademarks, trade secrets, proprietary technologies, and content, are owned by or licensed to Summer Health. These rights are protected by international copyright, patent, trademark, and trade secret laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended healthcare purposes. This license does not include rights to copy, modify, distribute, sell, or create derivative works.

5.3 User Content

You retain ownership of health information and content you submit through our Services. By using our Services, you grant us a limited license to process, store, and transmit this content as necessary to provide our Services and comply with legal obligations.

6. Payments and Fees

6.1 Service Fees

Certain Services may require payment of fees. All fees are stated in the applicable currency and are due as specified in your service agreement or subscription plan. Prices are subject to change with reasonable notice.

6.2 Payment Terms

• Payments must be made through approved payment methods
• You authorize us to charge your payment method for applicable fees
• All fees are non-refundable unless otherwise stated or required by law
• Failure to pay may result in service suspension or termination
• You are responsible for all taxes, duties, and fees associated with your use

6.3 Insurance and Third-Party Payments

If applicable, you are responsible for verifying insurance coverage and obtaining necessary approvals. We may assist with insurance claims processing but do not guarantee reimbursement.

7. Data Protection and Privacy

Our collection, use, and protection of personal and health information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

We comply with applicable data protection laws, including the Ghana Data Protection Act, 2012 (Act 843), and implement appropriate technical and organizational measures to protect your information.

8. Warranties and Disclaimers

8.1 Service Availability

While we strive to provide reliable and continuous service, we do not warrant that our Services will be uninterrupted, error-free, or completely secure. We may suspend or modify Services for maintenance, updates, or technical issues.

8.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 Medical Device Warranties

Medical devices are warranted separately according to their specific warranty terms. Device warranties cover manufacturing defects but do not extend to misuse, unauthorized modifications, or normal wear and tear.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMER HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR GHS 1,000, WHICHEVER IS GREATER.

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

10. Indemnification

You agree to indemnify, defend, and hold harmless Summer Health, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use or misuse of our Services; (b) your violation of these Terms; (c) your violation of any rights of third parties; or (d) any content or information you submit through our Services.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at hello@summerhealth.io. Termination does not relieve you of obligations incurred prior to termination.

11.2 Termination by Us

We may suspend or terminate your access to our Services immediately, without prior notice, for: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activities; (c) non-payment of fees; (d) conduct that harms or could harm other users or our business; or (e) as required by law or regulatory authorities.

11.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. We may retain your information as required by law or for legitimate business purposes. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) shall remain in effect.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Ghana, without regard to conflict of law principles.

12.2 Dispute Resolution Process

In the event of any dispute arising from these Terms or our Services:

1. Informal Negotiation: Contact us to attempt resolution through good-faith negotiation
2. Mediation: If negotiation fails, parties agree to attempt mediation before litigation
3. Arbitration: Unresolved disputes may be submitted to binding arbitration under Ghana Arbitration Act or mutually agreed rules
4. Jurisdiction: Courts of Accra, Ghana shall have exclusive jurisdiction for any legal proceedings

13. General Provisions

13.1 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our platform. Continued use after changes constitutes acceptance of modified Terms.

13.2 Assignment

We may assign or transfer these Terms and our rights and obligations without restriction. You may not assign or transfer these Terms or your rights without our prior written consent.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.4 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Summer Health regarding our Services.

13.5 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

14. Contact Information

For questions or concerns about these Terms of Service, please contact: