Terms and Conditions

Last updated: July 8, 2026

These Terms and Conditions ("Terms") govern your access to and use of the OhospitalProvider platform ("Service"), operated by Ohospital ("we", "our", "us"). By creating an account, subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. If you do not agree to these Terms, do not access or use the Service.

1. Definitions

  • "Account" means the business account created on the Service.
  • "Authorized User" means an individual given access to an Account by an administrator, such as a pharmacist or cashier.
  • "Customer Data" means data you or your Authorized Users submit to the Service, including inventory, sales, and customer records.
  • "Subscription" means the paid plan under which you access the Service.

2. Eligibility

You must be authorized to act on behalf of a pharmacy business to create an Account. You are responsible for ensuring that information you provide is accurate and that you have the authority to bind your business to these Terms. You must hold any licenses required by applicable law to operate a pharmacy business, including any pharmaceutical or professional licensing requirements in your jurisdiction.

3. Accounts and Roles

The Service supports multiple user roles (admin, pharmacist, cashier) within an Account. Business administrators are responsible for managing staff access, deactivating former employees promptly, and ensuring Authorized Users comply with these Terms. You are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your Account, whether or not authorized by you.

4. Subscription and Billing

  • Access to the Service is provided on a subscription basis, billed monthly according to your selected plan.
  • Fees are charged in advance and are non-refundable except as required by law or as expressly stated in these Terms.
  • We may change subscription pricing with at least 30 days' notice before the change takes effect on your next billing cycle.
  • Failure to pay applicable fees may result in suspension or downgrade of your Account after reasonable notice.
  • You are responsible for any taxes associated with your use of the Service, excluding taxes on our net income.
  • You authorize us (or our payment processor) to charge your designated payment method for all fees incurred.

5. Cancellation and Refunds

You may cancel your Subscription at any time from your account settings; cancellation takes effect at the end of your current billing period, and you retain access until then. We do not provide prorated refunds for partial billing periods, except where required by applicable consumer protection law. If we terminate your Account for cause (see Section 12), no refund will be provided for the remaining period.

6. Free Trials and Promotions

We may offer free trials or promotional pricing at our discretion. Unless stated otherwise, a free trial automatically converts to a paid Subscription at the end of the trial period unless canceled beforehand. We reserve the right to modify or withdraw any promotional offer at any time.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose, including the unlawful sale or distribution of pharmaceuticals or controlled substances
  • Attempt to gain unauthorized access to other accounts or systems
  • Interfere with or disrupt the integrity, security, or performance of the Service
  • Enter false or misleading inventory, sales, or pricing information with intent to deceive
  • Reverse engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law
  • Use the Service to store or transmit malicious code
  • Use automated means (bots, scrapers) to access the Service without our prior written consent
  • Resell or sublicense access to the Service without our written consent
  • Impersonate any person or misrepresent your affiliation with any person or entity

8. Data You Enter; Regulatory Compliance

You retain ownership of the Customer Data you enter into the Service. You are solely responsible for the accuracy of Customer Data and for complying with all applicable laws relating to pharmacy operations, professional licensing, record-keeping, prescription handling, and controlled substances in your jurisdiction. The Service is a business management tool and does not itself certify or guarantee regulatory compliance; you remain responsible for your own compliance obligations. You grant us a limited license to host, process, and display Customer Data solely to provide the Service to you.

9. Intellectual Property

The Service, including its software, design, branding, and documentation, is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes. Nothing in these Terms transfers any ownership rights in the Service to you. Any feedback or suggestions you provide about the Service may be used by us without obligation to you.

10. Third-Party Services

The Service integrates with third-party services, including authentication and payment providers (such as Mpesa). Your use of those integrations is subject to the third party's own terms. We are not responsible for the acts, omissions, availability, or performance of third-party services.

11. Payments and Transactions

Sales and payment features are provided to help you record and process transactions with your own customers. We are not a party to transactions between you and your customers and are not responsible for disputes, chargebacks, or losses arising from them. Third-party payment processors have their own terms and fees, which you are responsible for reviewing and accepting separately.

12. Suspension and Termination

You may stop using the Service at any time by canceling your Subscription. We may suspend or terminate your access, with or without notice, if: (a) you materially breach these Terms and fail to cure within a reasonable period after notice; (b) your use poses a security risk to us or other users; (c) required by law or by a competent regulatory authority; or (d) your Account is delinquent on payment. Upon termination, your right to use the Service ceases immediately, though we will provide a reasonable opportunity to export your Customer Data beforehand where practical. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

13. Service Availability and Modifications

We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free access. We may modify, suspend, or discontinue features with reasonable notice where possible, including for scheduled maintenance or to comply with legal or security requirements.

14. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet your specific requirements, that it will be uninterrupted or error-free, or that any pharmacy or regulatory compliance outcome will result from your use of the Service. The Service does not provide medical, legal, or professional pharmaceutical advice.

15. Limitation of Liability

To the extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of the Service, including losses related to inventory or sales data entered by you or your staff. Our total aggregate liability arising from these Terms or your use of the Service will not exceed the amount you paid us in the twelve (12) months preceding the claim. These limitations apply regardless of the legal theory on which a claim is based and even if we have been advised of the possibility of such damages.

16. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right, including laws governing the sale of pharmaceuticals and controlled substances; or (d) Customer Data you submit to the Service.

17. Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, internet or power outages, government action, labor disputes, pandemics, or failures of third-party service providers.

18. Export Control and Sanctions Compliance

You may not use the Service in violation of applicable export control or economic sanctions laws. You represent that you are not located in, or ordinarily resident in, a country subject to comprehensive sanctions, and that you are not on any restricted party list under applicable law.

19. Anti-Corruption

You agree to comply with applicable anti-bribery and anti-corruption laws in your use of the Service and in your dealings with us, and will not offer, give, or receive any improper payment or benefit in connection with the Service.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya, without regard to conflict of law principles. Any dispute arising from these Terms or the Service will first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If unresolved, disputes will be subject to the exclusive jurisdiction of the courts of Kenya, except that either party may seek injunctive relief in any jurisdiction to protect its intellectual property or confidential information.

21. Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law, without restriction.

22. Notices

We may provide notices to you via email, through the Service, or by posting on this page. Notices to us should be sent to [email protected].

23. Severability, Waiver, and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision will not be considered a waiver of that right. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements or communications.

24. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date, and where appropriate, by email at least 14 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

25. Contact Us

If you have questions about these Terms, contact us at [email protected].