Terms of service

Version 1.0 — effective [TO COMPLETE: publication date]

1. Publisher

The medi.tn service (the "Service") is published by [TO COMPLETE: company name], a [TO COMPLETE: legal form] with share capital of [TO COMPLETE] dinars, registered with the national business register under number [TO COMPLETE: RNE identifier], with registered office at [TO COMPLETE: full address], Tunisia ("medi.tn", "we").

Tax identification number: [TO COMPLETE] Contact: contact@medi.tn

2. Purpose

These terms govern access to and use of the Service by a physician or care facility (the "Practitioner", "you") practising in Tunisia.

medi.tn is medical practice management software: scheduling, patient records, cash desk, billing and preparation of CNAM coverage documents. medi.tn performs no medical activity, makes no diagnosis and issues no care recommendation. The Service is a tool; clinical decisions, the content of records and the content of any document transmitted to a third party are exclusively the Practitioner's responsibility.

Creating an account constitutes unreserved acceptance of these terms, of the privacy policy and of the data processing agreement, which forms an integral part of them.

3. Eligibility

The Service is reserved for health professionals authorised to practise in Tunisia. By creating an account you declare that you are duly registered with the National Council of the Order of Physicians and, where applicable, party to an agreement with the National Health Insurance Fund. We may request proof of registration at any time and suspend an account for which it is not produced.

4. Accounts and access security

Credentials are strictly personal. Every person accessing the Service — practitioner, associate, secretary, locum — must have their own account.

Sharing an account between several people is prohibited. This is not a commercial preference: the security recommendations published by the National Authority for the Protection of Personal Data (INPDP) for access to health data require a unique identifier per user and state that shared accounts between several users are to be prohibited. Shared access also makes it impossible to identify who consulted a record.

You are responsible for the confidentiality of your credentials and for any action taken from your account. You must inform us without delay at contact@medi.tn of any unauthorised use.

5. Trial, subscription and pricing

The Service is provided on subscription, preceded where applicable by a free trial period whose duration is stated at sign-up.

Applicable prices are those displayed in the Service on the day of subscription, expressed in Tunisian dinars. Any price change is notified to you at least [TO COMPLETE: e.g. 30] days in advance and applies only to subsequent subscription periods.

Applicable tax particulars (VAT rate, fiscal stamp, withholding tax) are those in force on the invoice date. ⚠ [TO COMPLETE: tax particulars to be confirmed by your accountant before the first invoice is issued.]

6. Invoicing and payment

Each subscription period gives rise to an invoice. Payment is made by bank card via ClicToPay (Société Monétique Tunisie). medi.tn neither collects nor stores your card details, which are handled directly by the payment provider.

No automatic direct debit is taken: each period is invoiced and then settled by you.

Invoices are issued in accordance with the regulations applicable to electronic invoicing. [TO COMPLETE: El Fatoora / Tunisie TradeNet arrangements once the integration is in place.]

7. Non-payment

If an invoice is not settled by its due date, access to the Service is suspended once the grace period stated in the Service has elapsed.

Suspension does not delete your data. Throughout the suspension, and for the retention period set out in clause 12, you retain the right to obtain an export of your data under the conditions of clause 12.

8. Your obligations

Under organic law no. 2004-63 of 27 July 2004 you are the data controller for your patients' data. Accordingly it is for you, and not for medi.tn:

• to file with the INPDP the prior declaration required by article 7 of that law; absence of objection from the Authority within one month constitutes acceptance;
• to satisfy yourself that your processing falls within one of the cases listed in article 62 (preventive or therapeutic follow-up of the person's state of health is one of them);
• to obtain the authorisation provided for in the second paragraph of article 63 before communicating health data to any person or establishment;
• to inform your patients of the processing of their data. An adaptable template notice is made available to you (patient notice template);
• to comply with professional secrecy and the code of medical ethics (decree no. 93-1155 of 17 May 1993) and with the National Council of the Order of Physicians' charter on the use of the web and digital media;
• to verify the accuracy of the data entered and the content of any document generated by the Service before signing it, giving it to a patient or filing it with a third party, in particular the CNAM.

You undertake not to use the Service for advertising prohibited by the code of medical ethics, not to attempt to access another practice's data, and not to reverse-engineer the Service.

9. Our obligations

We undertake to:

• provide the Service diligently, as an obligation of means;
• host all data on Tunisian territory and make no transfer outside Tunisia without prior notice to you and the INPDP authorisation required by articles 51 and 52 of law no. 2004-63;
• implement the security measures described in the data processing agreement;
• inform you without delay of any data breach affecting your records;
• submit our information system to the periodic security audit required by law no. 2004-5 of 3 February 2004 and decree no. 2004-1250 of 25 May 2004.

We do not guarantee uninterrupted availability. Scheduled maintenance is announced in advance where possible.

10. Intellectual property

The Service, its code, interface and documentation remain our exclusive property. The subscription grants a personal, non-exclusive, non-transferable right of use limited to the subscription term.

Your data belongs to you. We acquire no rights over your patients' records and exploit them for no purpose of our own — commercial, statistical, or for training automated systems.

11. Liability

The Service is a management tool. We cannot be held liable for:

• any medical act, diagnosis or prescription;
• the content of a patient record or of a document you have drawn up, validated or transmitted;
• the rejection, by the CNAM or any other third party, of a document or coverage request, verification of content being your responsibility under clause 8;
• data loss resulting from an operation carried out from your account.

Save in cases of gross negligence or wilful misconduct, and save for personal injury, our total liability is capped at the amounts you have actually paid in respect of the twelve months preceding the triggering event.

12. Term, termination and reversibility

The subscription is entered into for the period subscribed and renews by tacit renewal, unless terminated before the renewal date from your account area or in writing to contact@medi.tn.

We may terminate your access for serious breach of these terms, after formal notice has remained without effect for [TO COMPLETE: e.g. 15] days, save for a breach making continuation of the Service impossible.

Reversibility. From the end of the subscription, your data is retained for [TO COMPLETE: e.g. 90] days, during which you may request an export in a usable format. After that period it is deleted from our active systems, subject to retention periods otherwise binding on us.

It is for you to retain your patients' medical records in accordance with the obligations incumbent on you as a practitioner.

13. Changes to these terms

Any substantial change is notified to you at least [TO COMPLETE: e.g. 30] days before it takes effect. Continued use of the Service after that date constitutes acceptance. Failing acceptance, you may terminate free of charge before it takes effect.

14. Governing law and jurisdiction

These terms are governed by Tunisian law. The parties will seek an amicable solution before any litigation. Failing agreement, the courts of [TO COMPLETE: city of registered office], Tunisia, shall have jurisdiction.

15. Contact

For any question relating to these terms: contact@medi.tn