Terms and Conditions

Agreement to Our Legal Terms

We are GreenNotes (Pty) Ltd. ("GreenNotes", "we", "us", or "our"), a company registered in South Africa with our principal place of business at 2nd Floor Shamrock Office Park, 97 York Street, George, Western Cape 6529.

We operate the mobile application GreenNotes EMR (the "App"), as well as any other related products and services (collectively, the "Services") that refer or link to these legal terms (the "Legal Terms").

GreenNotes EMR is a powerful mobile Electronic Medical Record (EMR) system designed for medical professionals on the move. The product provides cutting-edge tools tailored to enhance clinical efficiency, accuracy, and compliance.

You can contact us by phone at +27 63 905 7241, email at help@greennotes.co.za, or by mail to 2nd Floor Shamrock Office Park, 97 York Street, George, Western Cape 6529, South Africa.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

You may not use our Marks and any of our Content or other intellectual property, or that of a third-party, without our prior written consent.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• Access the Services
• Download or print a copy of any portion of the Content to which you have properly gained access

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use our Services, Content, or Marks for purposes other than as set out in this section, please address your request to help@greennotes.co.za.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

1. Confirm that you have read and agree with our "Prohibited Activities" section and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading
2. To the extent permissible by applicable law, waive any and all rights, including moral rights, to the Submission
3. Warrant that such Submission is original to you or that you have the necessary rights and licences to submit such Submission
4. Warrant and represent that your Submissions do not constitute confidential information

You are solely responsible for your Submissions and you hereby indemnify us from and against all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

3. User Representations

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete
2. You will maintain the accuracy of such information and promptly update as necessary
3. You have the legal capacity and agree to comply with these Legal Terms
4. You are not a minor in the jurisdiction in which you reside
5. You will not access the Services through automated or non-human means
6. You will not use the Services for any illegal or unauthorised purpose
7. Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• PayPal
• American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in ZAR. We may make use of third-party payment providers, and you agree to be bound by their terms and conditions.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

Free Trial

We offer a 7-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at help@greennotes.co.za.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our Services and in accordance with these Legal Terms.

Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied. You accept any and all risk arising out of your use or the performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

1. Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
3. Circumvent, disable, or otherwise interfere with security-related features of the Services
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
5. Use any information obtained from the Services in order to harass, abuse, or harm another person
6. Make improper use of our support services or submit false reports of abuse or misconduct
7. Use the Services in a manner inconsistent with any applicable laws or regulations
8. Engage in unauthorised framing of or linking to the Services
9. Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
11. Delete the copyright or other proprietary rights notice from any Content
12. Attempt to impersonate another user or person or use the username of another user
13. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
14. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you
16. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services
17. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system that accesses the Services
20. Use a buying agent or purchasing agent to make purchases on the Services
21. Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email
22. Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavour or commercial enterprise

9. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

1. Your Contributions do not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use your Contributions
3. You have the written consent, release, and/or permission of each identifiable individual person in your Contributions
4. Your Contributions are not false, inaccurate, or misleading
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, or other forms of solicitation
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
8. Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people
9. Your Contributions do not violate any applicable law, regulation, or rule
10. Your Contributions do not violate the privacy or publicity rights of any third party
11. Your Contributions do not violate any applicable law concerning child exploitation or the well-being of minors
12. Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation

Any use of the Services in violation of the foregoing will result in a breach of these Legal Terms and may give rise to termination or suspension of your rights to use the Services.

10. Contribution Licence

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

11. Mobile Application Licence

Use Licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Legal Terms.

You shall not:

1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App
4. Remove, alter, or obscure any proprietary notice posted by us or the licensors of the App
5. Use the App for any revenue-generating endeavour or commercial enterprise for which it is not designed or intended
6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time
7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App
8. Use the App to send automated queries to any website or to send any unsolicited commercial email
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"):

1. The licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, in accordance with the usage rules set forth in the applicable App Distributor's terms of service
2. We are responsible for providing any maintenance and support services with respect to the App as specified in these Legal Terms or as otherwise required under applicable law
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App
4. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties
5. You must comply with applicable third-party terms of agreement when using the App
6. You acknowledge and agree that the App Distributors are third-party beneficiaries of these Legal Terms, and that each App Distributor will have the right to enforce these terms against you as a third-party beneficiary

12. Services Management

We reserve the right, but not the obligation, to:

1. Monitor the Services for violations of these Legal Terms
2. Take appropriate legal action against anyone who violates the law or these Legal Terms
3. In our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
4. In our sole discretion, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
5. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

13. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms and is made available on our website.

You acknowledge that GreenNotes will be acting as an operator (as defined under South Africa's data protection legislation) in respect of all personal information relating to your data subjects, and that you are and will remain the responsible party in respect of such personal information.

You hereby warrant that you have obtained all necessary consent, authorisation and approval from your data subjects to provide GreenNotes with access to such personal information for purposes of receiving the Services, and you hereby indemnify GreenNotes from and against any third-party claims arising from your breach of such warranty.

We are based in and operate from South Africa and the Services are hosted in South Africa, Netherlands, USA, and Belgium. If you access the Services from any other region, you expressly consent to have your data being transferred to and processed in these countries.

To the extent that you make use of artificial intelligence ("AI") functions in the App, you expressly consent to your data being processed on Google's international servers under strict privacy safeguards, including encryption and GreenNotes' Business Associate Agreement (BAA) with Google.

14. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law

These Legal Terms shall be governed by the laws of South Africa. GreenNotes and yourself irrevocably consent to the courts of South Africa having exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

17. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA") and the laws of South Africa.

The number of arbitrators shall be one (1). The seat, legal place, or arbitration shall be George, South Africa. The language of the proceedings shall be English.

Either Party may have the arbitration award made an order of court. Both Parties will keep the evidence and any award in the arbitration confidential.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

1. No arbitration shall be joined with any other proceeding
2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures
3. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. Disclaimer

20. Limitations of Liability

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Your use or misuse of the Services
2. Your breach of these Legal Terms
3. Any breach of your representations and warranties set forth in these Legal Terms
4. Your violation of the rights of a third party, including but not limited to intellectual property rights
5. Any overt harmful act toward any other user of the Services with whom you connected via the Services
6. Your failure to obtain the necessary consent or approval from data subjects to lawfully provide GreenNotes with access to personal information

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims.

22. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

24. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

25. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: