Legal

Terms of Service

Last updated: January 2025

These Terms of Service govern access to and use of the CareThanks platform, operated by CareThanks (a trading name of Flywave Technology Limited, registered in England and Wales). Please read them carefully before using our Services.

1. Acceptance of Terms

By accessing or using the CareThanks platform, website, APIs, or any associated services (collectively, the "Services"), you ("Client" or "User") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. If you do not agree to these Terms, you must not use the Services.

2. Description of Services

CareThanks provides a programmable rewards infrastructure platform that enables healthcare organisations to configure, deploy, and measure reward campaigns for patients, members, employees, and other end users. Services include a campaign management dashboard, rules engine, wallet system, rewards catalogue, delivery infrastructure (SMS, WhatsApp, QR, USSD, physical), and analytics tools. CareThanks operates as an infrastructure and rewards fulfilment layer. It does not provide medical advice, clinical services, or act as a regulated healthcare provider in any jurisdiction.

3. Account Registration and Access

Access to the platform requires registration and approval by CareThanks. Clients are responsible for maintaining the confidentiality of login credentials and for all activities conducted under their account. You must notify CareThanks immediately of any unauthorised use of your account. CareThanks reserves the right to suspend or terminate access for accounts that breach these Terms, engage in fraudulent activity, or are associated with regulatory violations.

4. Permitted Use

The Services may be used solely for lawful purposes in connection with legitimate healthcare reward and incentive programs. Clients must not use the Services to: (a) operate programs that violate applicable advertising, pharmaceutical, or healthcare regulations in any operating jurisdiction; (b) issue rewards in exchange for medical prescriptions in a manner that constitutes an inducement prohibited under applicable law; (c) collect, process, or transmit personal health data in a manner not authorised under applicable data protection legislation; (d) engage in or facilitate fraud, money laundering, or any unlawful financial activity.

5. Reward Units and Campaign Budgets

Reward Units are a virtual currency within the CareThanks system with no cash value outside the platform. Clients purchase Reward Unit allocations at agreed rates. Issued Reward Units that remain unredeemed after campaign expiry are subject to the expiry terms set at campaign configuration. CareThanks is not liable for Reward Units that are not redeemed due to end-user inaction or technical issues outside CareThanks' control.

6. Data Protection and Privacy

CareThanks processes personal data in accordance with its Privacy Policy and applicable data protection laws, including the Nigeria Data Protection Act, Kenya Data Protection Act, and applicable frameworks in other operating markets. Clients are responsible as data controllers for the personal data of their end users submitted to or processed through the platform. CareThanks acts as a data processor for such data and will process it only on documented instructions from the Client.

7. Intellectual Property

CareThanks retains all intellectual property rights in the platform, APIs, dashboard, algorithms, campaign engine, and all associated technology. Clients are granted a limited, non-exclusive, non-transferable licence to use the Services during the term of their agreement. Nothing in these Terms constitutes a transfer of intellectual property rights to the Client.

8. Service Availability

CareThanks will use commercially reasonable efforts to maintain platform availability. Planned maintenance will be communicated in advance where possible. CareThanks does not guarantee uninterrupted access and is not liable for losses arising from downtime caused by factors outside its reasonable control, including third-party network outages, force majeure events, or actions by telecommunications providers.

9. Limitation of Liability

To the maximum extent permitted by applicable law, CareThanks' total liability to any Client for any claim arising under or in connection with these Terms shall not exceed the total fees paid by that Client in the three months preceding the claim. CareThanks is not liable for indirect, consequential, incidental, or punitive damages. Nothing in these Terms excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

10. Amendments

CareThanks reserves the right to amend these Terms at any time. Material changes will be communicated to Clients by email with a minimum of 30 days' notice. Continued use of the Services after the effective date of amended Terms constitutes acceptance of those amendments.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Contact

For questions regarding these Terms, contact: legal@carethanks.net