Qwiva Health Africa — Terms of Use

Version: 1.0

Effective date: 14 June 2026

1. About these Terms

These Terms of Use ("Terms") are a binding agreement between you and Qwiva Health Africa Limited ("Qwiva", "we", "us", "our") governing your access to and use of the Qwiva mobile application, web application and related services (together, the "Platform").

By creating an account, accessing or using the Platform, you confirm that you have read, understood and agree to these Terms. If you do not agree, do not use the Platform.

These Terms incorporate our Privacy Notice, which explains how we handle your personal data.

2. Who may use the Platform

The Platform is intended solely for use by qualified, currently registered health practitioners in Kenya and East Africa. By using the Platform you represent and warrant that:

• you are a health practitioner registered with the relevant professional regulator;
• the registration details and documents you provide are true, current and your own;
• you are at least 18 years of age and have the legal capacity to enter into these Terms; and
• you will use the Platform only in the course of your professional practice.

We verify the registration details you provide. We may decline, suspend or revoke access where we cannot verify your registration, where your registration lapses, or where you breach these Terms.

3. What the Platform is — and what it is not

The Platform is a clinical decision-support tool. It provides evidence-based, source-grounded information in response to clinical questions, with priority given to Kenyan and locally applicable clinical guidance, to assist you in your own clinical reasoning.

The Platform does not practise medicine and does not replace your professional judgement. The information it provides:

• is decision-support intended for a qualified practitioner, not a directive or a prescription;
• does not constitute medical advice to any patient and does not create any clinician-patient or other professional relationship between Qwiva and any patient;
• must be independently evaluated by you, in light of the individual patient, the full clinical picture, and your own training, experience and professional obligations; and
• must not be relied upon as the sole basis for any clinical decision, diagnosis, treatment, or prescription.

You remain fully and solely responsible for every clinical decision you make. The final responsibility for the care of any patient rests with you as the treating practitioner.

4. Your account

You are responsible for keeping your login credentials confidential and for all activity under your account. You must notify us at support@qwiva.org promptly if you suspect any unauthorised use of your account. You must not share your account, transfer it, or allow any other person to use it.

5. Acceptable use

When using the Platform you must not:

• submit any information that identifies an individual patient; express patient context only in general, non-identifying terms;
• use the Platform for any unlawful purpose, or in breach of your professional or ethical obligations;
• attempt to gain unauthorised access to the Platform, its systems or other users' data;
• copy, scrape, reverse-engineer, resell or commercially exploit the Platform or its content except as these Terms allow;
• introduce malicious code, or interfere with the integrity or performance of the Platform; or
• misrepresent your identity, registration or professional status.

We may suspend or terminate access for breach of this Section.

6. Research surveys

From time to time we may invite you to take part in research surveys, including surveys commissioned by third parties. Participation is always voluntary and requires your separate consent at the point of the survey. Where a survey offers an honorarium, we will pay it to you in accordance with the survey terms. No survey sponsor receives data that identifies you, as explained in our Privacy Notice.

7. Advertising and sponsored content

The Platform may in future include advertising and sponsored content, including content from third parties such as pharmaceutical companies. Where we do so:

• all advertising and sponsored content will be clearly labelled (for example, as "Advertisement", "Sponsored" or "Information from Industry") so that you can always distinguish it from clinical answers;
• advertising and sponsors will never influence the clinical answers the Platform gives you; the clinical content is generated independently of any commercial relationship;
• any personalised advertising will be subject to your separate opt-in consent and an opt-out, as described in our Privacy Notice; and
• advertisements may link to third-party websites that we do not control and that are governed by their own terms and privacy policies; we are not responsible for their content.

8. Anonymised data

We may use anonymised, aggregate information derived from use of the Platform — including for research, market insight, and commercial purposes, and we may share or sell such anonymised information to third parties. Anonymised information is processed so that you and any patient cannot be identified from it. We will never sell or share information that identifies you or the content of your individual clinical queries. Our handling of anonymised data and the difference between anonymised information and your personal data are described in our Privacy Notice.

9. Your content and the rights you grant us

When you submit content to the Platform — including your clinical queries, survey responses, feedback, and any other material you provide ("Submissions") — you keep ownership of that content. You grant Qwiva a non-exclusive, worldwide, royalty-free licence to host, store, process, analyse and display your Submissions for the purpose of operating, securing, supporting and improving the Platform and providing the service to you.

You also grant us the right to create anonymised and aggregated data from your Submissions — data that has been processed so that you and any patient can no longer be identified from it — and to use and share that anonymised data for research, analytics, service improvement and commercial purposes, as described in Section 8 and in our Privacy Notice. This right applies only to anonymised data. We do not acquire any right to sell or share Submissions in a form that identifies you or the content of your individual clinical queries.

You are responsible for your Submissions. You confirm that you are entitled to provide them, that they do not identify any individual patient, and that they do not infringe the rights of any other person.

10. Intellectual property

The Platform, including its software, design, and the compilation and presentation of its content, is owned by or licensed to Qwiva and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for your own professional practice in accordance with these Terms. We grant you no other rights.

11. Third-party links

The Platform, including any advertising or sponsored content, may contain links to third-party websites that we do not control. Your use of those sites is governed by their own terms and privacy policies, not ours, and we are not responsible for their content or practices.

12. Availability and changes to the Platform

We aim to keep the Platform available and accurate but we do not guarantee uninterrupted access. We may modify, suspend or discontinue features of the Platform, and we may update its content, at any time. We will give reasonable notice of material changes where we can.

13. Fees

The Platform is provided free of charge to verified clinicians. We may in future introduce optional paid features or services. Where we do, the applicable charges and payment terms will be made clear to you before you incur them, and any paid feature will be optional — the core clinical decision-support service described in these Terms will remain available to verified clinicians free of charge.

14. Clinical disclaimer

To the fullest extent permitted by law, the Platform and its content are provided for clinical decision-support only and without any warranty that the information is complete, current, accurate or fit for any particular clinical situation. Clinical knowledge evolves, sources may differ, and automated systems can produce errors or omissions. You acknowledge that you understand these limitations and that you will exercise independent professional judgement in every case.

15. Limitation of liability

To the fullest extent permitted by Kenyan law:

• the Platform is provided on an "as is" and "as available" basis;
• we are not liable for any clinical decision, diagnosis, treatment or outcome arising from your use of, or reliance on, the Platform, that decision being yours as the treating practitioner;
• we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, data, goodwill or business, arising out of or in connection with the Platform; and
• nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud, or any other liability that Kenyan law does not permit to be excluded.

16. Indemnity

You agree to indemnify and hold Qwiva harmless against claims, losses and costs arising from your breach of these Terms, your misuse of the Platform, or your breach of your professional or legal obligations, to the extent permitted by law.

17. Suspension and termination

You may stop using the Platform and close your account at any time. We may suspend or terminate your access where you breach these Terms, where your professional registration lapses or is withdrawn, or where required by law. Sections that by their nature should survive termination — including Sections 8, 9, 10, 14, 15 and 16 — will survive.

18. Governing law and disputes

These Terms are governed by the laws of Kenya. Any dispute arising out of or in connection with them is subject to the jurisdiction of the courts of Kenya. Before commencing proceedings, the parties will attempt in good faith to resolve the dispute, and you may contact us at support@qwiva.org.

Nothing in these Terms removes or limits any right you have under mandatory Kenyan law, including the Data Protection Act, 2019 and applicable consumer-protection law, that cannot lawfully be excluded. Where any provision of these Terms is found to be unenforceable, the remaining provisions continue in force.

19. Changes to these Terms

We may update these Terms from time to time. Where changes are material, we will bring them to your attention and, where required, ask you to accept the updated Terms. The current version and effective date are shown at the top.

20. Contact

Qwiva Health Africa Limited P.O. Box 2354, 00202

Kenyatta National Hospital,

Nairobi

Email: support@qwiva.org