Synapp terms of service

1. About us

1.1.The services provided through the Synapp platform (herein "Platform") and website available at synapp.co.za are made available to you by Synapp (Pty) Ltd, a South African private company with registration number 2025 / 078788 / 07 (herein "Synapp") and with the following further details:

2. About these terms

2.1.Synapp is a communication delivery platform intended for use in healthcare settings. It does not provide medical advice, offer clinical decision support, or replace the independent judgment of qualified healthcare professionals. All clinical decisions remain the sole responsibility of appropriately licensed practitioners acting within their professional scope.

2.2.By using the services provided by Synapp (herein "Services"), you agree to the terms of use set out in this document and the other documents incorporated herein by reference (collectively herein "Terms"). If you do not agree to these Terms, or are not legally capable of doing so, you may not use the Services or any part thereof.

2.3.These Terms must be read in conjunction with any other applicable terms, policies, or notices published by us from time to time in connection with the Services. In the event of any inconsistency between these Terms and any other such terms or policies, these Terms will take precedence.

2.4.We may amend or update these Terms at any time, in our sole discretion. Continued use of the Services following the publication of any revised Terms will constitute your acceptance of those changes. You are responsible for reviewing the current version of the Terms from time to time, and if you do not agree with any amendment, you must cease all use of the Platform immediately.

2.5.For purposes the of these Terms, "Parties" refers to you and Synapp, and "Party" refers to either, as the context may indicate.

3. Consumer protection legislation

3.1.This clause 3 applies to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (herein "CPA").

3.2.Your attention is drawn to the fact that these Terms contain provisions which may:

3.3.We have endeavoured to highlight such terms by bolding the text.

3.4.If there is any provision in these Terms that you do not understand, it is your responsibility to ask us to explain such provision to you before you accept the Terms or continue using the Services.

4. Definitions

4.1."User" means any individual who accesses or uses the Platform, including Clinicians, Administrative Staff, and authorised representatives of Healthcare Organisations.

4.2."Clinician" means an individual who self-certifies as being a licensed healthcare practitioner. Synapp does not independently verify professional credentials, licensing status, or regulatory standing.

4.3."Healthcare Organisation" means any medical practice, clinic, hospital, healthcare institution, or other entity providing healthcare services that utilises the Platform.

4.4."Administrative Staff" means non-clinical personnel authorised by a Healthcare Organisation or Clinician to access available Platform functions.

4.5."Patient" means an individual receiving healthcare services from a Clinician who has engaged with the Platform's consent processes.

4.6."Guardian" means a parent, legal guardian, or other individual with legal authority to make healthcare decisions for a Patient under the age of majority.

4.7."Collateral" means an individual designated by a Patient to receive emergency communications, where such functionality is available.

4.8."Patient Data" means personal information, health information, clinical data, assessment results, communications, and related records relating to a Patient that is processed through the Platform.

4.9."Payment Gateway" means the third-party payment processing platform or platforms used by Synapp to process card and electronic payments for the Services, including Paystack and any replacement or additional payment processing service appointed by Synapp from time to time.

4.10."Professional Standards" means the ethical guidelines, practice standards, and regulatory requirements applicable to Clinicians in their respective jurisdictions.

4.11."Emergency Limitation" means the fundamental restriction that Synapp is not designed for, suitable for, or intended as an emergency communication service, as detailed in clause 9.

5. Use of the Services

5.1.The Platform is intended solely for legitimate healthcare communication delivery. It may only be used for activities that are consistent with applicable Professional Standards, for communications with Patients, and for the storage of healthcare communication materials within the limits of the Platform’s functionality.

5.2.Synapp makes the Services available in the manner and form it decides in its sole and unfettered discretion from time to time. Synapp is not required to give you prior notice of any changes to the Services.

5.3.Within the limits of current technical functionality, the Platform enables the delivery of healthcare-related communications from clinicians to patients through supported messaging channels, the collection of patient responses via linked web-based forms, the organisation and display of communication history and assessment outcomes where technically possible, and the secure storage and processing of healthcare communication data within the constraints of our infrastructure.

5.4.The features and capabilities of the Platform will evolve over time, guided by clinical requirements, user feedback, technical feasibility, and our operational capacity. We do not guarantee the availability of any specific functionality on a continuous basis, and reserve the right to modify or discontinue features in our sole discretion.

5.5.To use the Services, you will need to register a unique user account with us on the Platform (herein "User Account"), providing the information requested.

5.6.Once you have successfully completed the registration process, you will be provided with your User Account made available to you through the Platform.

5.7.If any of your information changes, please update it on the Platform, otherwise we will presume that your information is accurate and place reliance on it.

5.8.When using the Services, you agree not to, directly or indirectly:

6. Self-certification model

6.1.Synapp does not perform any verification of professional credentials. We do not review, confirm, or validate the licensing status, qualifications, or regulatory compliance of any user who registers as a clinician on the platform.

6.2.Instead, Synapp operates on a self-certification basis. By registering as a Clinician, each user confirms, under their own responsibility, that they hold all necessary qualifications, are duly licensed under applicable laws, and remain in good standing with any relevant regulatory or professional body.

6.3.Each clinician further represents and warrants that they will at all times comply with all applicable codes of conduct, ethical obligations, and professional standards in using the Platform.

6.4.Patients are expected to undertake their own due diligence when engaging with Clinicians through the Platform, including independently verifying any professional credentials through established healthcare channels.

6.5.Any attempt to impersonate a healthcare professional constitutes a material breach of these terms. While we may, in our discretion, investigate credible reports of such conduct, we do not assume responsibility for verifying any User’s professional status, and such verification falls outside the scope of our operational mandate.

7. Healthcare organisation access

7.1.Healthcare Organisations may register to use the Platform, subject at all times to our ability to support their specific operational needs and technical requirements.

7.2.Access to the Platform is granted at our discretion and may depend on factors including integration feasibility, capacity constraints, and operational availability.

8. Security

8.1.You agree to keep your User Account login details strictly confidential and not to share them with any other person. Synapp shall not be liable for any loss or damage you may suffer as a result of unauthorised access to your User Account due to your failure to keep your login details secure.

8.2.You agree to notify us by email as soon as you become aware of any fact, circumstance, or eventuality that may lead to the security of the Services being compromised.

8.3.You are hereby notified that it is a criminal act to circumvent, disable, or otherwise interfere (or attempt to do so) with our security measures and you agree not to do so, either directly or indirectly.

9. Communication and Emergency Limitations

9.1.The Platform currently supports the delivery of healthcare-related content, including educational resources, clinical documentation, links to assessment forms, and contact information for traditional communication channels.

9.2.Patient interaction with the Platform is limited to the use of web-based forms accessed via links contained in Platform messages. For all other communication needs, Patients are advised to use traditional healthcare communication channels as indicated by their healthcare provider.

9.3.Platform communications are not designed to be immediate and may be subject to delays, technical limitations, or service interruptions that could affect the timing or delivery of messages.

9.4.The Platform does not support emergency communication. The Platform is not designed for, and must not be used in connection with, urgent medical care, emergency response, or time-sensitive clinical matters. Patients are required to contact appropriate emergency services or qualified healthcare providers directly in the case of a medical emergency.

9.5.Any automated alerts or system-generated messages are provided for informational purposes only and do not replace the patient’s responsibility to seek immediate professional medical assistance when required.

9.6.Further, the Platform may not be used for communications that contravene applicable Professional Standards, for unauthorised marketing or promotional purposes, or for any activity falling outside the scope of legitimate healthcare communication.

10. Professional responsibilities and liability framework

10.1.Clinical responsibility

10.2.Assessment tools

10.3.Emergency response and patient responsibility

11. Access tiers and usage framework

11.1.Single Clinician accounts may access the Platform without charge under a free tier, subject to defined usage limits. Free tier functionality is primarily limited to basic communication features, including allowances for WhatsApp messaging. We reserve the right to restrict or modify the features available within the free tier at any time.

11.2.Access to enhanced platform functionality and increased usage allowances is available under a paid tier. Additional fees apply for each Clinician or Administrative Staff member added to a practice profile. Usage limits under a paid tier are applied collectively across all users linked to the same practice profile.

11.3.Top-up services may be made available for practices that require additional usage capacity beyond the standard tier limits. Pricing may vary by region, and we may amend usage thresholds or pricing structures from time to time, subject to reasonable notice and operational requirements.

11.4.Current guidance on how usage limits apply, including how monthly resets and top-ups operate, is available at synapp.co.za/how-usage-works. That page reflects the current framework and may be updated from time to time as set out above.

12. Third-party content

12.1.We may provide links to other third-party websites and content (herein "Third-Party Content") on the Platform.

12.2.You acknowledge and agree that such Third-Party Content is outside of our control and accordingly that we shall not have any duty and liability in respect thereof.

12.3.You acknowledge and agree that we will not be held liable, directly or indirectly, for the information provided by Third-Party Content nor for any loss or damage resulting from your access to and use of the Third-Party Content.

13. Data privacy

13.1.You agree that you will comply with all applicable data protection and privacy laws and regulations, including, but not limited to, the Protection of Personal Information Act No. 4 of 2013, as amended (herein "POPIA"), and any regulations under POPIA, to the extent applicable to the processing of personal information in connection with these Terms.

13.2.You will ensure that any personal information submitted to us by you, or on your behalf, may be lawfully used by us in providing the Services. You specifically warrant that you have obtained and maintain all necessary consents and authorisations for such processing by us.

14. Intellectual property

14.1.For purposes of these Terms, the term "Intellectual Property" includes, without limitation, all intellectual property and similar proprietary rights, howsoever arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trade marks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets, know-how, goodwill, and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives, and embodiments of the aforegoing.

14.2.Synapp (or its licensors, where applicable) own all right, title, and interest in any Intellectual Property in and to the Services, inclusive of any adaptations.

14.3.You are only authorised to use the Services in line with these Terms and while you hold a valid User Account. Your use of the Services is personal, non-exclusive, and non-sublicensable.

14.4.You agree to notify us by email as soon as reasonably possible if you become aware of any actual or likely infringement of our rights in and to the Services, or any possible claim that the Services or any part of the Services may infringe upon the rights of a third party.

14.5.All Intellectual Property not expressly granted in these Terms shall remain reserved to us in full.

15. General warranties

15.1.You warrant and represent, as material warranties, inducing us to allow you to use the Services and associated services, that:

16. Suspension and termination

16.1.We may suspend your User Account at any time and without prior notice if we have reason to believe that it is being used in breach of these Terms, or if such suspension is necessary to protect the Services, other users, or our systems for any reason whatsoever.

16.2.The reactivation of your User Account following a suspension may be made subject to conditions, as determined by us in our sole discretion.

16.3.We may terminate your User Account immediately by giving written notice if you are in breach of these Terms, in which event we will be entitled to pursue any rights or remedies available to us in law or otherwise, including the recovery of damages.

16.4.Upon termination of your User Account for any reason, you will forfeit any accrued rights or entitlements, and you will have no claim of any nature against us or any other party arising from such termination.

17. Disclaimers, limitations of liability, and indemnity

17.1.We do not warrant, represent, or undertake that the Services will always be available. Without limiting the aforegoing, we reserve the right to perform maintenance on the Services from time to time, during which time performance may be reduced or disrupted, or the Services may not be available at all.

17.2.The Services are provided as is and on a best effort basis, without any warranty, representation, or undertaking whatsoever.

17.3.To the maximum extent permissible under applicable law, we disclaim any liability for any cost, claim, damage, loss, expense, penalty, or other adverse consequence that you may incur arising from these Terms, the use of the Services, clinical decisions, treatment outcomes, or other consequences arising from the use of the Platform. Without limiting the aforegoing, we shall not be liable for any direct, indirect, consequential, special, or punitive damages, inclusive of loss of profit.

17.4.You agree to indemnify us from any cost, claim, damage, loss, expense, penalty, or other adverse consequence that may arise from your use of the Services or non-compliance with these Terms.

17.5.The provisions of this clause 17 shall apply for the benefit of us and any other company that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with us.

18. Payment

18.1.Transactions are facilitated by one of our secure third-party payment gateway service providers, currently Payment Gateway. By submitting your payment information, you consent to the Payment Gateway processing such information for the purposes of facilitating the transaction, in accordance with their applicable privacy policy, security procedures and terms and conditions.

18.2.It is your sole responsibility to ensure that the banking details entered on the Application are complete and correct. Synapp shall not be liable for any payments made into an incorrect bank account provided by you.

18.3.Any bank charges or fees imposed by a Payment Gateway in connection with any transactions shall be for your own account.

18.4.Any disputes relating to payment processing must be addressed directly with the Payment Gateway. You hereby indemnify us against any cost, claim, damage, loss, expense, penalty, or other adverse consequence arising from transactions processed by the Payment Gateway.

18.5.We reserve the right to downgrade service tiers in the event of non-payment, without prior notice and without liability for any resulting loss of functionality or data.

19. Refunds

19.1.This clause applies to fees paid to Synapp via the Payment Gateway in connection with access to, or use of, the Services. It does not govern any amounts charged by Healthcare Organisations or other third parties.

19.2.Unless you have a right to a refund or return under the Consumer Protection Act, 2008 (CPA) or the Electronic Communications and Transactions Act, 2002 (ECT Act), all fees, usage charges and other amounts payable to Synapp are non-refundable and there is no general right of return or "change of mind" refund.

19.3.If a transaction has been processed in error (including a duplicate transaction or an incorrect amount being charged), you must notify Synapp in writing within 7 (seven) days of becoming aware of the error. Synapp will investigate and, where appropriate in its discretion or where required by law, arrange for a reversal, credit or refund of the affected amount.

19.4.Any authorised refund will be processed via the Payment Gateway, using the original payment method where reasonably possible, and will be subject to the Payment Gateway's processing times, operational constraints and any applicable bank charges. Synapp is not liable for delays attributable to the Payment Gateway or any financial institution.

19.5.Nothing in this Agreement limits any non-excludable rights you may have under the Consumer Protection Act No. 68 of 2008 or, where the Electronic Communications and Transactions Act 25 of 2002 applies to an electronic transaction with you as a consumer, any cooling-off or cancellation rights you have under that Act. Where you are entitled by law to elect the form of refund (for example, cash, voucher or credit), Synapp will give effect to your election.

19.6.The Payment Gateway does not determine whether a refund is payable and acts only as a technical payment processing service provider. All decisions regarding eligibility for refunds in respect of fees payable to Synapp are made by Synapp, subject to applicable law.

19.7.Synapp is not responsible for, and will not adjudicate or process, refunds in respect of any amounts billed by Healthcare Organisations or other third parties, even if such amounts were communicated, facilitated or initiated using the Platform.

19.8.Where you purchase an annual subscription to the Services and cancel that subscription within the first 30 (thirty) days from the commencement date, Synapp will refund the portion of the fees attributable to the unused subscription period, calculated on a pro-rata monthly basis for the remainder of the annual term. Any such refund will be processed in accordance with clause 19.4.

20. Audit rights

20.1.We have the right to audit your compliance with these Terms from time to time.

20.2.We may involve a third-party auditor and/or other expert to undertake or assist in the audit.

20.3.You agree to give your reasonable co-operation in the exercise of our rights of audit and to provide access to such information as may be reasonably required for this purpose.

20.4.Each Party shall be responsible for its own costs in the performance of an audit, however if the audit reveals a material breach of these Terms in our view, then we will be entitled to recover the cost of the audit from you without prejudice to any other right or remedy we may have in terms of these Terms or otherwise.

21. Force majeure

21.1.For the purposes of these Terms, a "Force Majeure Event" shall mean an event:

21.2.Despite anything to the contrary, we shall not be liable to you for any non-performance of the Services to the extent that such non-performance is caused by a Force Majeure Event, which relief shall take effect when we notify you thereof in writing.

21.3.If a Force Majeure Event lasts for a period exceeding 90 (ninety) calendar days, we will be entitled to terminate these Terms on written notice to you, in which case your User Account shall also be terminated in accordance with clause 16.

22. Notices and address for service

22.1.Each Party hereby chooses as its address for service and receipt of notices (i.e. domicilia citandi et executandi) for purposes under these Terms, whether in respect of judiciary process or otherwise, that Party's nominated physical address or email address (herein each a "Notice Address"), which in our case shall be details set out above at clause 1.1 and in your case the prevailing details as configured in your User Account. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 22.

22.2.Any notice served on a Notice Address before 17h00 in the recipient's time zone shall:

22.3.We may update our Notice Address by amending these Terms, effective on publication of the amended Terms. You may update your Notice Address by updating such information in your User Account on the Platform, provided that in respect of its physical address, such address must not be a forwarding address.

22.4.In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient's time zone, then delivery shall be deemed to have taken place on the next day.

22.5.A delivery or read receipt generated by a sender's email application (not server) shall constitute face value (i.e. prima facie) proof of the message being capable of retrieval by the recipient.

22.6.The provisions of this clause 22 do not prevent a serving Party from otherwise proving that a notice was in fact duly received by a receiving Party.

23. Interpretation

23.1.A reference in these Terms to any statute or regulatory enactment will be interpreted to include that statute or enactment as amended, extended, consolidated, or re-enacted from time to time.

23.2.Where a number of days is specified in these Terms, the calculation shall exclude the first day and include the last day.

23.3.Where a right or remedy is expressly made available to a Party in specific circumstances, that right or remedy shall not be interpreted as limiting any other rights or remedies which may also be available to that Party, unless expressly stated to the contrary.

23.4.The principle of interpretation that a contract must be interpreted against the party who drafted it (the contra proferentem rule) shall not apply to these Terms.

23.5.If any figure in these Terms is expressed both in numerals and in words, and there is a discrepancy between them, the written words shall take precedence.

23.6.Unless clearly indicated otherwise by the context, any clause that refers to specific examples will not be interpreted as limiting the general wording that precedes it, and the eiusdem generis rule will not apply.

23.7.Termination or expiry of these Terms will not affect any provision that is expressly stated to survive, or that must by its nature continue to have effect beyond termination or expiry, whether or not such provision expressly states so.

24. General

24.1.No assignment. You may not transfer, assign, cede, delegate, sell, or otherwise dispose of any rights or obligations arising under these Terms, whether in whole or in part, and whether by operation of law or otherwise, without the prior written consent of Synapp. Synapp may assign or transfer its rights and obligations under these Terms by providing written notice to you.

24.2.Governing law and jurisdiction. These Terms are governed by, and must be interpreted in accordance with, the laws of the Republic of South Africa. Unless expressly stated otherwise in these Terms, the parties agree that any dispute arising out of or in connection with these Terms shall fall within the exclusive jurisdiction of the High Court of South Africa, Western Cape Division.

24.3.Entire agreement. These Terms constitute the entire agreement between the parties in relation to their subject matter. No Party shall be bound by any undertakings, representations, warranties, or agreements not expressly recorded in these Terms.

24.4.Independent legal advice. Each Party confirms that it has had the opportunity to obtain independent legal advice before accepting these Terms, and that it either obtained such advice or voluntarily chose not to do so at its own risk.

24.5.No third-party rights. Except where expressly stated in these Terms, no provision shall be construed as conferring any rights or benefits on any person who is not a party to these Terms.

24.6.Binding effect. These Terms will be binding upon and enforceable against each Party's successors-in-title and legal representatives, as though they were original parties to these Terms.

24.7.Severability. Each provision of these Terms is severable. If any provision is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable in full.

24.8.No waiver. Any delay or failure by a party to exercise any right or remedy shall not be construed as a waiver, limitation, or abandonment of that right or remedy.

24.9.Authority. The individual accepting these Terms on your behalf warrants, as a separate and personal undertaking, that they have full authority to do so.

24.10.No agency. Unless expressly provided otherwise in these Terms, no party shall be deemed to have the authority to bind or act on behalf of the other.

24.11.Costs. Each party shall bear its own costs and expenses relating to the negotiation, drafting, and implementation of these Terms. If either party engages legal counsel to enforce any rights under these Terms as a result of breach, the defaulting party shall be liable for all legal costs and expenses incurred, including attorney-and-own-client fees, collection charges, and tracing costs.