Terms of Service

1. Definitions

• "Sahili Mind" means Sahili Mind Technologies Limited, a company incorporated in Kenya.
• "Platform" means the Sahili Mind web application, mobile applications, and APIs.
• "Practitioner" means a licensed mental health professional who registers for an Sahili Mind account.
• "Patient Data" means any personal data about patients entered into the Platform by a Practitioner.
• "Subscription" means your paid or free plan with Sahili Mind (Bure, Mwanzo, Mtaalamu, or Kliniki).

2. Eligibility

To use Sahili Mind, you must be:

• A licensed mental health practitioner registered with a recognised professional body in Kenya (Kenya Counsellors and Psychologists Board (KCPB), Kenya Medical Practitioners and Dentists Council (KMPDC), or equivalent);
• At least 18 years of age;
• Legally permitted to practise in Kenya or the jurisdiction where you provide services.

Sahili Mind reserves the right to request evidence of professional registration at any time and to suspend accounts where valid registration cannot be confirmed.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials. You must notify Sahili Mind immediately at hello@sahilimind.co.ke if you suspect any unauthorised access to your account.

You may not share your account credentials with any other person. Each practitioner requires their own account. Multi-practitioner plans (Mtaalamu, Kliniki) allow additional practitioner seats under your organisation account.

4. Subscription and Payment

4.1 Plan Selection

Sahili Mind offers four plans: Bure (free), Mwanzo, Mtaalamu, and Kliniki. Plan features are described at sahilimind.co.ke/pricing and may be updated from time to time with notice.

4.2 Billing

Paid plans are billed monthly in Kenya Shillings (KES) via M-Pesa or card. Billing occurs on the same date each month as the date you first subscribed. Sahili Mind does not offer pro-rated refunds for mid-month cancellations.

4.3 Free Trial

Mwanzo and Mtaalamu plans include a 14-day free trial. Your payment method will not be charged until the trial ends. You may cancel before the trial ends with no charge.

4.4 Price Changes

Sahili Mind will give at least 30 days' written notice before increasing subscription prices for existing subscribers.

4.5 KRA Tax Invoices

Sahili Mind generates KRA eTIMS-compliant tax invoices for all subscription payments. These are available in your Billing section.

5. Acceptable Use

5.1 Permitted Use

You may use Sahili Mind solely for legitimate clinical practice management purposes in connection with your licensed mental health practice.

5.2 Prohibited Activities

You must not:

• Use the Platform for any unlawful purpose or in violation of any professional, ethical, or regulatory obligations;
• Enter false or fraudulent patient records;
• Attempt to access another practitioner's data without authorisation;
• Reverse-engineer, decompile, or attempt to extract source code from the Platform;
• Use automated tools to scrape or extract data from the Platform;
• Resell or sublicence access to the Platform to third parties;
• Upload malicious code, viruses, or any content that could damage the Platform or other users;
• Submit fraudulent insurance claims through the Platform.

6. Patient Data and Professional Obligations

You are solely responsible for:

• Obtaining valid, informed consent from patients before entering their data into Sahili Mind, in accordance with DPA 2019 and your professional code of ethics;
• The accuracy and completeness of clinical records you create in Sahili Mind;
• Ensuring your use of Sahili Mind complies with your professional regulatory obligations under KCPB, KMPDC, or other applicable bodies;
• Any clinical decisions made using information within the Platform. Sahili Mind is a practice management tool, not a clinical decision-support system, and does not provide medical advice.

7. Intellectual Property

Sahili Mind retains all intellectual property rights in the Platform, including software, design, and documentation. You retain ownership of all patient data and clinical records you create.

You grant Sahili Mind a limited, non-exclusive licence to process your data solely for the purpose of providing the Platform services to you. Sahili Mind does not claim ownership of your patient data.

8. Service Availability

Sahili Mind targets 99.5% uptime for paid plans. Kliniki plans include an SLA with 99.9% uptime guarantee. Planned maintenance will be communicated at least 48 hours in advance.

We are not liable for interruptions caused by circumstances outside our reasonable control, including Safaricom network outages, KRA eTIMS system downtime, or SHA API unavailability.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law:

• Sahili Mind's total liability to you for any claim arising under these Terms shall not exceed the subscription fees paid by you in the three months preceding the claim;
• Sahili Mind is not liable for any loss of patient data caused by your own actions, loss of access credentials, or force majeure events;
• Sahili Mind is not liable for any clinical outcomes, professional sanctions, or regulatory penalties arising from your clinical practice.

10. Indemnification

You agree to indemnify Sahili Mind against any claims, damages, or costs (including legal fees) arising from your breach of these Terms, your violation of any professional obligation, or your misuse of the Platform.

11. Termination

You may cancel your subscription at any time from your account settings. Sahili Mind may suspend or terminate your account if you breach these Terms, fail to maintain valid professional registration, or fail to pay subscription fees.

On termination, you have 30 days to export your data. After that period, your data will be deleted in accordance with our Privacy Policy retention schedule.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. Any disputes shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be referred to arbitration under the Arbitration Act, Cap 49, Laws of Kenya, with proceedings held in Nairobi.

13. Modifications to Terms

Sahili Mind may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Continued use after that date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms: legal@sahilimind.co.ke
Sahili Mind Technologies Limited, 14th Floor, Westend Towers, Waiyaki Way, Westlands, Nairobi, Kenya.