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Terms of Service

Version 1.0.0 · Effective 14 December 2024

MedAPI Terms of Service

These Terms of Use apply when you use the services of MedAPI or our affiliates ("Platform"), including our application programming interface, software, tools, developer services, data, apps, call centers, physical stores, documentation, and websites ("Services").

1. Registration

You must be 16 years or older to register for our services. You must provide accurate and complete information to register for an account.

You may not make your access credentials or account available to others, and you are responsible for all activities that occur using your credentials.

2. License

We grant you a non-exclusive, non-perpetual right to use, and access the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

3. Relationship of the Parties

These Terms do not create a partnership, joint venture or agency relationship between you and the Platform or our affiliates. The Platform and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.

4. Usage and Feedback

4.1 Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

4.2 Restrictions

You may not use the Services:

  1. In a way that infringes, misappropriates or violates any person's rights;
  2. Reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law);
  3. Except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction;
  4. Buy, sell, or transfer API keys without our prior consent.

4.3 Third Party Services

Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

5. Fees and Payment

5.1 Payment Terms

You will pay all fees charged to your account ("Fees") according to the prices and terms on the applicable pricing package that you select.

  • We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment.
  • You will provide complete and accurate billing information including a valid and authorized payment method.
  • We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted.
  • You authorize us and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received.
  • Fees are payable in the platform currency and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
  • Payment may be collected on behalf of partners and third-party service providers who may receive zero or a defined fraction of the fee collected by us.

5.2 Taxes

Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. The Platform uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

5.3 Price Changes

We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

5.4 Disputes and Late Payments

If you want to dispute any Fees or Taxes, please contact within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

5.5 Free Tier

You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

6. Term and Termination

6.1 Termination; Suspension

These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content.

6.2 Termination by Platform

We may terminate these Terms for any reason by providing you at least 30 days' advance notice. We may terminate these Terms immediately upon notice to you if you materially breach any part of these terms of service.

6.3 Termination for External Reasons

We may terminate these Terms if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests.

6.4 Suspension

We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

6.5 Effect on Termination

Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability

7.1 Indemnity

You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

7.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

7.3 Limitations of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED SOUTH AFRICAN RAND (100 ZAR). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Intellectual Property Rights

8.1 Our Rights

We will retain all intellectual property rights to any of our authentication mechanisms, services, systems and devices, and documentation used to provide the services.

8.2 Prohibited Actions

You may not duplicate, reproduce, decompile, reverse-engineer, create derivative works from or in any way tamper with any of our intellectual property or any device, certificate, software or documentation.

8.3 Third Party Rights

You may not infringe or misappropriate any of our or a third party's intellectual property or other proprietary rights when accessing and using our services and performing your obligations as recorded in these terms.

9. Dispute Resolution

If you have a dispute or a complaint regarding our services, you will need to send us a written statement setting out the dispute or the complaint.

9.1 Informal Dispute Resolution

We undertake to investigate your dispute or complaint within a reasonable time, keep you informed during the investigation and provide you with a final written response.

9.2 Mandatory Arbitration

Should you not be satisfied with the remedy provided in our informal resolution, You and MedAPI agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration.

9.3 Arbitration Forum

Either party may commence binding arbitration through an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, both parties will seek a time period no longer than fourteen (14) days to assist you to find the financing. We will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

9.4 Arbitration Procedures

The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in the platform location. The arbitration will be conducted by a sole arbitrator under its then-prevailing rules. All issues are for the arbitrator to decide, except where a competent court has the authority to determine (i) the scope, enforceability, and arbitrability including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

9.5 Exceptions

This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

9.6 No Class Actions

Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

9.7 Severability

If any part of this Arbitration section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

10. General Terms

10.1 Use of Brands

You may not use the Platform or any of its affiliates' names, logos, or trademarks, without our prior written consent.

10.2 Government Use

The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

10.3 Assignment

You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

10.4 Notices

All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post.

11. Changes to This Policy

We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 14 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

12. Entire Agreement

These Terms and any policies incorporated in these Terms contain the entire agreement between you and MedAPI regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and us on that subject.

13. Jurisdiction, Venue and Choice of Law

These Terms will be governed by the laws of the REPUBLIC OF SOUTH AFRICA ("the Jurisdiction"). Except as provided in the "Dispute Resolution" section, all claims arising out of or relating to these Terms will be brought exclusively in the High Court of South Africa, Gauteng South (Johannesburg).

Nothing in these terms and conditions is intended or must be understood to restrict, limit or avoid any rights or obligations you have in terms of the Consumer Protection Act, 68 of 2008 (South Africa) unlawfully.

Version 1.0.0 — Effective December 14, 2024