Clear terms for
a trusted platform.

1. Definitions

2. Eligibility & Registration

To use Doctor's Bench EHR you must:

• Be at least 18 years of age
• Hold relevant professional credentials to practise mental health care, counselling, psychology, or a related clinical discipline in your jurisdiction
• Provide accurate and complete registration information, including your professional registration number
• Have the authority to enter into a binding contract (if registering on behalf of a clinic or organisation)

We reserve the right to verify your professional credentials and to refuse or revoke access where we cannot confirm your eligibility. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.

3. Services & Plans

We reserve the right to modify, add to, or discontinue features with at least 30 days' notice to subscribers. Material reductions to core features will entitle subscribers to a pro-rata refund for the affected period.

4. Practitioner Obligations

By using the Platform, you agree to:

• Professional standards: Use the Platform in accordance with applicable professional ethics, the guidelines of your registration body, and all relevant Kenyan healthcare laws including the Kenya Health Act 2017 and the Kenya Digital Health Act 2023.
• Data protection compliance: Act as an independent Data Controller in respect of your clients' data and comply with all obligations under the Kenya Data Protection Act 2019. This includes obtaining valid informed consent from clients before entering their data, maintaining accurate records, and responding to client data subject rights requests within the statutory timeframes.
• ODPC registration: Obtain and maintain any certificates or registrations required by the ODPC and the KMPDC for your healthcare facility, including the Certificate of Data Handler and/or Processor as required under the KMPDC directive effective 1 January 2025.
• Accurate information: Provide accurate, complete, and up-to-date information in all records created on the Platform. Do not enter false, misleading, or fabricated clinical information.
• Account security: Maintain the confidentiality of your login credentials. Notify us immediately at security@doctorsbench.care if you suspect unauthorised access to your account.
• Smart Notes review: Review every Smart Notes draft carefully and apply your own clinical judgement before approving any note. You, not the Platform, bear full clinical and professional responsibility for all approved notes and treatment decisions.

5. Client Data & Data Processing

Client Data entered into the Platform remains the responsibility of the Practitioner at all times. Convo Africa processes Client Data solely as a Data Processor, acting on the Practitioner's documented instructions.

You warrant that: (a) you have obtained all necessary consents from clients before entering their data into the Platform; (b) you are entitled to process the data for the purposes for which you are using the Platform; and (c) entering the data does not breach any duty of confidentiality or any applicable law.

6. Smart Notes — AI Terms

Smart Notes is an AI-assisted note drafting feature. The following specific terms apply:

• Advisory tool only: Smart Notes is an administrative assistance tool. It does not constitute clinical advice, diagnosis, or a recommended treatment pathway. All clinical decisions remain entirely with the Practitioner.
• Practitioner responsibility: By approving a Smart Note, you take full professional and legal responsibility for the content of that note as if you had written it yourself. You must review every draft with the same care you would apply to your own documentation.
• No automated decisions affecting clients: Consistent with Section 32(d) of the Kenya DPA 2019, Smart Notes does not make automated decisions that produce legal effects or significantly affect clients. Clients have the right to request human review of any aspect of their care.
• Data not used for model training: Session data is not used to train, fine-tune, or develop AI models without a separate, explicit, and documented opt-in from both the Practitioner and the relevant Client.
• Opt-out: Smart Notes can be disabled at any time from account settings. Disabling Smart Notes does not affect any other part of the Platform or any saved records.

7. Payments & Billing

• Subscription fees: Professional Plan is KSh 2,000 per month. Clinic/Team Plan is KSh 3,000 per month. Fees are billed monthly in advance. All prices are inclusive of applicable taxes.
• Payment methods: We accept M-Pesa and major credit/debit cards. Payment details are processed through PCI-DSS-compliant third-party processors. We do not store full card numbers.
• Failed payments: If a payment fails, we will notify you and attempt to collect payment for up to 7 days before suspending access. Suspended accounts retain all data for 30 days, after which we may delete data subject to our Retention Policy.
• Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No partial-month refunds are issued unless required by Kenyan consumer protection law.
• Wallet payments (client collections): The Platform facilitates collection of session fees from clients into your Doctor's Bench wallet. We are a payment facilitator, not a payment institution. Wallet funds are held in trust and can be withdrawn at any time. We do not charge a fee for wallet withdrawals.
• Price changes: We will give at least 30 days' notice of any subscription price increase. You may cancel without penalty during this notice period.

8. Intellectual Property

Our IP: All rights in the Platform, its software, design, trademarks, and content — excluding Client Data — vest in Convo Africa. You receive a limited, non-exclusive, non-transferable licence to use the Platform for the duration of your subscription.

Your data: You retain full ownership of all Client Data you enter into the Platform. By using the Platform, you grant Convo Africa a limited licence to process that data solely for the purposes set out in the Privacy Policy and these Terms. This licence ends when you delete the data or close your account.

Smart Notes output: Clinical notes approved by you and saved to the Platform are your clinical records. You own them. We claim no intellectual property rights over approved session notes.

9. Prohibited Use

You may not:

• Use the Platform for any purpose that is unlawful under Kenyan law or harmful to others
• Enter fabricated, misleading, or fraudulent clinical records
• Share your login credentials with any other person
• Attempt to reverse-engineer, decompile, or extract source code from the Platform
• Circumvent or disable any security or access control feature
• Use the Platform to send unsolicited communications to clients
• Scrape, harvest, or systematically extract data from the Platform
• Use the Platform to process data for any purpose outside legitimate clinical practice
• Use Smart Notes as a substitute for clinical judgement or professional supervision

Violation of these prohibitions may result in immediate account suspension and, where appropriate, referral to relevant professional bodies or law enforcement.

10. Service Availability & SLA

We target a Platform uptime of 99.5% per calendar month, excluding scheduled maintenance windows (which we will announce at least 48 hours in advance outside business hours). In the event of unplanned downtime exceeding this target in any given month, subscribers on the Clinic/Team plan will receive a pro-rata service credit applied to their next billing cycle.

We do not guarantee uninterrupted access in circumstances outside our reasonable control, including force majeure events, internet infrastructure failures, or Kenyan government directives.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law:

• Our total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total subscription fees you paid in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of revenue, loss of data, or professional liability arising from clinical decisions made using the Platform.
• Nothing in these Terms limits our liability for fraud, wilful misconduct, personal injury, or any liability that cannot be excluded under Kenyan law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Convo Africa and its directors, employees, and agents from and against any claims, damages, fines, or expenses (including reasonable legal costs) arising from: (a) your breach of these Terms; (b) your violation of any applicable law or professional obligation; (c) your use of the Platform in a manner that infringes a third party's rights; or (d) any claim by a Client arising from your clinical practice or your use of Client Data on the Platform.

13. Termination

By you: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. Your data is retained for 30 days post-cancellation to allow export, then deleted in accordance with our Retention Policy.

By us: We may suspend or terminate your account immediately if: (a) you breach these Terms; (b) we have reasonable grounds to believe your use poses a risk to clients, other users, or the Platform; (c) you fail to make payment after the 7-day cure period; or (d) we are required to do so by law or regulatory directive. We will provide as much notice as circumstances allow.

Data on termination: On termination, you may request a full export of your Client Data in a machine-readable format within 30 days of termination at no charge. After this window, data will be deleted in accordance with applicable legal retention requirements.

14. Data Processing Agreement

This section constitutes the Data Processing Agreement (DPA) between you (the Data Controller) and Convo Africa (the Data Processor) as required by Section 36 of the Kenya Data Protection Act 2019 and GDPR Article 28.

15. Disputes & Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be resolved as follows:

• 1Good faith negotiation: The parties shall first attempt to resolve any dispute through good faith discussions within 30 days of written notice of the dispute.
• 2Mediation: If unresolved within 30 days, the parties may agree to refer the matter to a mutually agreed mediator under the Nairobi Centre for International Arbitration (NCIA) mediation rules.
• 3Courts: Unresolved disputes shall be subject to the exclusive jurisdiction of the courts of the Republic of Kenya.

For data protection complaints, you also have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) at www.odpc.go.ke at any time, independently of any contractual dispute process.

16. Changes to These Terms

We may update these Terms from time to time. Material changes — including changes to pricing, data processing obligations, or liability provisions — will be communicated by email at least 30 days before taking effect. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance. If you do not accept a material change, you may cancel your subscription during the notice period without penalty.

17. Contact

• Legal & Terms: legal@doctorsbench.care
• Privacy & DPO: privacy@doctorsbench.care
• Security incidents: security@doctorsbench.care
• General support: info@doctorsbench.care
• Phone: +254 724 936 949