Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of Flowmed, a cloud-based practice management and electronic health record platform ("Service", "Platform") provided by Jonathan Wallis, trading as Flowmed ("Flowmed", "we", "us"), a sole proprietor operating from 12 Orchard Road, Milnerton, Cape Town 7441.

By creating an account, accessing, or using the Service, you ("Practitioner", "you", "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a practice, clinic, or other organisation, you confirm you have the authority to bind that organisation, and "you" refers to that organisation.

If you do not agree to these Terms, do not use the Service.

2. Definitions

• "Account" means the Flowmed account registered by a Practitioner or practice.
• "Content" means any data, records, notes, or other material uploaded, entered, or generated by you or your staff using the Service, including Client Data.
• "Client" means an individual receiving care from you, whose personal information and/or health information is processed via the Service.
• "Client Data" means personal information and health information relating to a Client, as defined in POPIA.
• "POPIA" means the Protection of Personal Information Act 4 of 2013.
• "Subscription Fee" means the recurring fee payable for access to the Service, as set out in Clause 6.
• "User" means any individual authorised by you to access the Service under your Account, including practitioners, administrative staff, and locums.

3. Description of the Service

3.1. Flowmed provides software to help small private healthcare practices — including but not limited to psychologists, occupational therapists, play therapists, and other allied health professionals — manage client records, appointment scheduling, clinical notes, billing, and related administrative functions.

3.2. Flowmed is a software tool only. Flowmed does not provide medical, psychological, therapeutic, or clinical advice, and is not a substitute for your professional clinical judgement. You remain solely responsible for the care or services you provide, for the accuracy and completeness of your records, and for compliance with the standards, scope of practice, and ethical rules applicable to your profession, where applicable, including those of the Health Professions Council of South Africa (HPCSA), the South African Nursing Council (SANC), or any other relevant regulatory or professional body.

3.3. We may add, change, or discontinue features of the Service from time to time. We'll give reasonable notice of any change that materially reduces core functionality you're paying for.

4. Eligibility and Account Registration

4.1. You must provide accurate, current information when registering and keep it up to date.

4.2. You are responsible for all activity that occurs under your Account, including actions taken by Users you authorise. You must keep login credentials confidential and notify us promptly of any unauthorised access.

4.3. You are responsible for ensuring that any staff member or User you grant access to has a legitimate need for that access, consistent with your obligations under POPIA and applicable professional confidentiality rules.

5. Your Data and Content

5.1. Ownership. As between you and Flowmed, you (or, where applicable, your practice) own all Content you upload to the Service, including Client Data and clinical records. We do not claim ownership over your Content.

5.2. Licence to us. You grant Flowmed a limited licence to host, store, process, and transmit your Content solely as necessary to provide, maintain, secure, and support the Service, and as otherwise permitted under these Terms and our Privacy Policy.

5.3. Accuracy. You are solely responsible for the accuracy, quality, and legality of the Content you enter into the Service, and for having any consents from Clients that are required by law before entering their information.

5.4. Backups. We take reasonable steps to back up data on the Platform, but you remain responsible for maintaining your own records in accordance with applicable retention requirements. We recommend periodically exporting your data.

6. POPIA and Data Protection

6.1. Roles. For the purposes of POPIA, you (the Practitioner or practice) are the Responsible Party in respect of Client Data you process using the Service. Flowmed acts as an Operator, processing Client Data only on your instructions and for the purpose of providing the Service.

6.2. Our undertakings as Operator. We will:

• process Client Data only for the purpose of providing the Service and not for any other purpose without your instruction;
• implement appropriate technical and organisational security measures to protect Client Data against loss, unauthorised access, and unlawful processing, as required by Section 20 of POPIA;
• maintain confidentiality of Client Data and ensure our staff and sub-operators are bound by equivalent confidentiality obligations;
• notify you without undue delay if we become aware of a security compromise involving your Client Data;
• not transfer Client Data outside South Africa except where consistent with POPIA's cross-border transfer requirements (Section 72), including where a service provider (e.g. cloud hosting) is used.

6.3. Your undertakings as Responsible Party. You are responsible for:

• having a lawful basis under POPIA and, where applicable, the National Health Act, for collecting and processing Client Data (including obtaining Client consent where required);
• determining what Client Data is entered into the Service and ensuring it is accurate and adequate;
• responding to Client requests to access, correct, or delete their information (we will provide reasonable technical assistance to help you fulfil these requests).

6.4. Our full Privacy Policy explains how we process personal information relating to your own Account (as opposed to Client Data you control).

7. Fees and Payment

7.1. Pricing. The Service is offered on a single flat Subscription Fee of R150 (excluding VAT, where applicable) per User per month, which includes all core features of the Platform, unless otherwise agreed in writing or specified for optional add-ons.

7.2. Billing. Subscription Fees are billed monthly in advance, unless another billing arrangement is agreed in writing.

7.3. Changes to pricing. We may change our pricing from time to time. We will give you at least 30 days' notice before any price change takes effect. Continued use of the Service after that date constitutes acceptance of the new pricing.

7.4. Late or failed payment. If a payment fails, we may suspend access to the Service after reasonable notice and an opportunity to remedy the failure, except where suspension would create an unreasonable risk to Client safety or continuity of care, in which case we will use reasonable efforts to give you extra time to resolve the issue before suspending.

7.5. Taxes. Fees are exclusive of VAT and any other applicable taxes unless stated otherwise. You are responsible for any taxes applicable to your use of the Service.

7.6. Refunds. Except as required by the Consumer Protection Act 68 of 2008 or as otherwise stated in these Terms, fees are non-refundable.

8. Free Trials and Cancellation

8.1. If we offer a free trial, it will convert to a paid Subscription at the end of the trial period unless you cancel before it ends.

8.2. You may cancel your Subscription at any time from within your Account settings or by written notice to us. Cancellation takes effect at the end of the current billing period; we do not provide pro-rata refunds for the remainder of a billing period unless required by law.

9. Acceptable Use

9.1. You agree not to use the Service to:

• upload unlawful, defamatory, or infringing content;
• attempt to gain unauthorised access to the Service, other Accounts, or our systems;
• reverse-engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law;
• use the Service in a manner that violates POPIA, the National Health Act, HPCSA rules, or any other applicable law;
• resell, sublicense, or provide access to the Service to any third party without our written consent;
• introduce malware or attempt to disrupt the availability of the Service.

9.2. We may suspend or terminate access for any User reasonably believed to be in breach of this clause, following notice where practicable.

10. Intellectual Property

10.1. Flowmed and its licensors retain all right, title, and interest in and to the Service, including all software, design, trademarks, and underlying technology. Nothing in these Terms transfers any intellectual property rights to you, other than the limited right to use the Service as set out here.

10.2. You retain all rights in your Content, subject to the licence granted in Clause 5.2.

11. Service Availability

11.1. We aim to make the Service available on a continuous basis, but we do not guarantee uninterrupted or error-free operation. We may need to suspend access for maintenance, upgrades, or emergency reasons, and will endeavour to give reasonable notice where practicable.

11.2. We are not liable for downtime caused by factors outside our reasonable control, including internet service provider failures, load-shedding, or third-party hosting or payment provider outages.

12. Disclaimers

12.1. The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2. Flowmed is not a healthcare provider and does not practise medicine, psychology, or any other regulated health profession. Nothing in the Service constitutes clinical, diagnostic, or treatment advice. You are solely responsible for all clinical decisions made in the course of your practice.

12.3. Any clinical coding tools, templates, or AI-assisted features (e.g. drafting assistance) are provided to support administrative efficiency only, and all outputs must be reviewed and approved by a qualified practitioner before use. We do not warrant the clinical accuracy of any auto-generated content.

13. Limitation of Liability

13.1. To the maximum extent permitted by law, Flowmed's total aggregate liability arising out of or relating to these Terms or the Service, whether in contract, delict, or otherwise, is limited to the total Subscription Fees paid by you in the 12 months preceding the event giving rise to the claim.

13.2. To the maximum extent permitted by law, Flowmed will not be liable for any indirect, special, incidental, or consequential damages, loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

13.3. Nothing in these Terms limits liability for gross negligence, wilful misconduct, fraud, or any liability that cannot lawfully be excluded or limited under South African law, including under the Consumer Protection Act, where applicable.

14. Indemnification

You agree to indemnify and hold Flowmed harmless from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any law, including POPIA, in your use of the Service; (c) any claim brought by a Client or third party arising from Content you entered into the Service or clinical decisions you made.

15. Term and Termination

15.1. These Terms apply for as long as you maintain an Account or use the Service.

15.2. Either party may terminate for convenience as set out in Clause 8.

15.3. We may suspend or terminate your Account immediately if you materially breach these Terms and fail to remedy the breach within 14 days of written notice (or immediately, in cases of security risk, unlawful use, or non-payment after the process in Clause 7.4).

15.4. Data on termination. For 30 days following termination, you may export your Content in a standard format (e.g. CSV/PDF). After this period, we may delete your Content from our systems, except where retention is required by law. We recommend exporting your records promptly upon cancellation.

16. Confidentiality

Each party will keep the other's confidential information (including business, technical, and Client Data) confidential and use it only as needed to perform its obligations under these Terms, except where disclosure is required by law or regulatory authority.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or in-app notice at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your Subscription before the changes take effect.

18. General

18.1. Governing law. These Terms are governed by the laws of the Republic of South Africa.

18.2. Jurisdiction. The parties submit to the non-exclusive jurisdiction of the South African courts.

18.3. Entire agreement. These Terms, together with our Privacy Policy and any Data Processing Addendum, constitute the entire agreement between you and Flowmed regarding the Service.

18.4. Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

18.5. No waiver. Failure to enforce any right under these Terms is not a waiver of that right.

18.6. Assignment. You may not assign your rights under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.7. Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including load-shedding, natural disaster, or internet infrastructure failure.

19. Contact Us

If you have questions about these Terms, contact us at: