Terms and Conditions
for our Cloud SaaS Platforms and AI Services
Legally binding enterprise agreement governing use of cloud platforms, healthcare SaaS systems, and Artificial Intelligence services.
These Terms and Conditions (“Terms”) govern the highest enterprise-level usage of the Cloud Software-as-a-Service platform(s) and Artificial Intelligence service(s) (“Services”) provided by "FIZIAL" here defined as the Provider (“Company”, “we”, “us”, “our”) to any subscribing clinic, healthcare organization, or commercial entity (“Client”, “you”, “your”).
By accessing, subscribing to, or using any part of the Services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.
1. Tier Structure Overview
| Tier | Target Usage | Description |
|---|---|---|
| Tier 1 | Basic Clinics | Core SaaS platform, minimal AI, basic security |
| Tier 2 | Small Clinics | Extended features, standard AI analytics |
| Tier 3 | Growing Clinics | Patient workflows, reporting, automation |
| Tier 4 | Multi-Department Clinics | AI diagnostics support, compliance features |
| Tier 5 | Medical Groups | Inter-clinic data sharing, security audits |
| Tier 6 | Hospitals | Dedicated infrastructure, medical AI models |
| Tier 7 | Hospital Networks | Private cloud, advanced integrations |
| Tier 8 | National Healthcare Providers | Regulatory frameworks, sovereign data control |
| Tier 9 | Enterprise / Government / Research | Mission-critical AI systems, full legal indemnification |
2. Scope of Services
- Multi-tenant or dedicated cloud infrastructure
- AI-powered automation, analytics, decision-support, and predictive systems
- Advanced data processing and integrations
- Custom workflows, API usage, and enterprise deployment options
- High-availability architecture and premium support
- Optional on-premise hybrid or private cloud deployments
Clients may receive customized service configurations, contractual addenda, and service-level agreements (“SLA”) which prevail in case of conflict with these Terms.
3. Definitions
- Platform: The Company’s cloud software, infrastructure, APIs, dashboards, and AI engines.
- AI Services: Machine learning models, inference engines, decision-support systems, automation modules, and data intelligence tools.
- Client Data: All data uploaded, processed, generated, or transmitted by Client.
- Derived Data: Anonymized, aggregated, or statistical data derived from Client Data.
- Regulated Data: Personal data, medical data, patient data, financial data, or any legally protected information.
4. License Grant
Subject to compliance with these Terms, the Company grants the Client a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for internal business or clinical operations. No ownership rights are transferred.
5. Ownership & Intellectual Property
- The Company retains all rights, title, and interest in all software, models, algorithms, source code, AI frameworks, branding, and documentation.
- The Client retains ownership of all Client Data.
- The Company may use Derived Data for service improvement, AI model training, research, analytics, and performance optimization.
- Derived Data shall never identify the Client or individuals.
6. AI Use Disclaimer
7. Regulatory Compliance
- HIPAA, GDPR, HITECH, ISO, SOC, and all applicable healthcare and data protection laws
- Patient consent and lawful data processing authorizations
- Data residency and cross-border transfer regulations
The Company acts as Data Processor or Service Provider where applicable. A Data Processing Agreement (DPA) may override conflicting provisions.
8. Data Security & Privacy
- Encryption at rest and in transit
- Role-based access controls
- Audit logging
- Network segmentation
- Regular vulnerability assessments
No system is entirely secure. The Client acknowledges inherent cybersecurity risks.
9. Data Retention & Deletion
- Client Data may be exported within a defined termination window.
- Data will be securely deleted thereafter unless legally required to retain.
10. Availability & SLA
- 99.9%+ uptime commitments (where contracted)
- Priority support and escalation paths
Downtime caused by force majeure, client misuse, internet failure, or third-party integrations is excluded from uptime guarantees.
11. Fees & Payment
- Fees defined in contract or order form
- Net-30 payment terms unless stated otherwise
- Late payments may result in suspension
- Fees are non-refundable unless explicitly agreed
12. Prohibited Use
- Reverse engineering or copying the platform
- Illegal, harmful, or unethical usage
- Training external AI models
- Introducing malware or exploiting vulnerabilities
- Violating patient privacy or rights
13. Confidentiality
Each party shall protect all confidential information. Obligations survive termination.
14. Indemnification
Client shall indemnify and hold harmless the Company from claims arising from Client Data, regulatory violations, improper medical use, or third-party claims caused by Client actions.
15. Limitation of Liability
The Company shall not be liable for indirect damages, loss of profits, business interruption, data loss, or AI decision consequences. Total liability is capped at fees paid in the previous 12 months.
16. Warranty Disclaimer
Services are provided “AS IS” and “AS AVAILABLE” without warranties of accuracy, fitness for medical diagnosis, uninterrupted service, or regulatory compliance.
17. Termination
- Immediate termination for security breaches, data law violations, non-payment, or misuse
- Client termination subject to contract terms
18. Audit Rights
Audits permitted with reasonable notice, NDA, and limited system exposure.
19. Export Controls
Client shall not use or export the Services in violation of international trade or sanctions laws.
20. Force Majeure
Neither party is liable for failures caused by natural disasters, war, pandemics, government actions, or infrastructure failures.
21. Subprocessors
The Company may use trusted cloud, hosting, and AI infrastructure providers. A list is available upon request.
22. Custom Enterprise Addenda
- Custom SLAs
- On-premise deployments
- Security addenda
- Compliance certifications
- Private AI model hosting
Such addenda override these Terms where applicable.
23. Governing Law & Jurisdiction
Governed by the Master Service Agreement. Disputes resolved via arbitration or courts therein.
24. Amendments
The Company may update these Terms with notice. Continued use constitutes acceptance.
25. Entire Agreement
These Terms, together with any SLA, DPA, or Enterprise Contract, constitute the entire agreement.