Terms of Service

By creating a facility account, registering as a caregiver, or otherwise accessing or using the Platform, you agree to be bound by these Terms of Service and our Privacy Policy. If you are registering on behalf of a care facility ("Facility"), you represent and warrant that you have the authority to bind that Facility to these Terms, and "you" in these Terms then refers to that Facility. If you do not agree to these Terms, do not use the Platform.

Symptone Care is a care facility management platform covering patient records, vitals and clinical reporting, task and medication tracking, staff rostering and attendance, inventory management, incident reporting, and related exports. The Service is offline-capable and syncs automatically once a connection is available. Sweet Phoenix may add, change, or remove features at its discretion, and may modify or discontinue the Service, in whole or in part, with reasonable notice where practicable.

You must be legally authorised to enter into contracts and, if registering a Facility, to act on that Facility's behalf. You are responsible for the accuracy of information provided during registration and for keeping your account credentials, the Facility login code, and caregiver PINs confidential. Sweet Phoenix is not liable for any loss arising from unauthorised access to your account resulting from your failure to safeguard your credentials.

• New Facilities receive a 30-day free trial with full access, no card required to start.
• After the trial, continued access requires an active subscription, billed monthly at a fixed rate per active patient on the Facility's account (caregiver accounts are not billed), as displayed in the Billing section of the app from time to time.
• Billing is processed automatically each month via our third-party payment processor, Paystack, once a payment method is on file. All fees are exclusive of VAT and any other applicable taxes unless stated otherwise, and are non-refundable except where required by law.
• If a scheduled payment fails or no payment method is on file when the trial or a billing period ends, the Facility account is suspended: existing data is preserved, but new clinical entries cannot be created until payment is resolved.
• A Facility may cancel its subscription at any time from the Billing section of the app; access continues until the end of the current paid period, and no partial refunds are given for early cancellation.
• Sweet Phoenix may change its pricing on reasonable notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

• Facilities retain ownership of the resident, staff, and operational data they enter into the Platform. As between the parties, the Facility is solely responsible for the accuracy, lawfulness, and completeness of that data.
• Facilities are solely responsible for obtaining any consents, and complying with any legal or regulatory obligations (including under POPIA and any healthcare-sector regulation applicable to them), required to collect, store, and process resident and staff data on the Platform.
• Facilities are responsible for controlling who has access to their facility login code, administrator credentials, and caregiver PINs, and for promptly revoking access for staff who leave.
• The Platform is a record-keeping, scheduling, and workflow tool only. It does not provide medical advice, does not make clinical decisions, and is not a substitute for professional clinical judgment. Facilities and their staff remain fully and solely responsible for the standard, adequacy, and appropriateness of care provided to residents, regardless of any record, alert, reminder, or export generated by the Platform.

Facility data is strictly isolated from every other Facility on the Platform at the database level — no Facility can access another's residents, staff, or records under any circumstances. See our Privacy Policy for further detail on how data is processed and protected.

You agree not to, and not to permit any user of your account to:

• use the Platform for any unlawful purpose, or to store data unrelated to legitimate care facility operations;
• attempt to circumvent billing, including by modifying subscription or billing status outside the Platform's normal billing flow;
• attempt to access another Facility's data, or probe, scan, or test the vulnerability of the Platform;
• reverse-engineer, decompile, or attempt to extract the source code of the Platform, except to the extent such restriction is prohibited by law;
• use the Platform in any way that could disable, overburden, damage, or impair it, or interfere with any other party's use of it.

The Platform, including its software, design, trademarks, logos, and all related intellectual property, is owned by Sweet Phoenix Creations (Pty) Ltd or its licensors. Subject to your compliance with these Terms and payment of applicable fees, Sweet Phoenix grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your Facility's internal care management purposes. No other rights are granted.

The Platform relies on third-party infrastructure and service providers, including cloud hosting and database providers and our payment processor, Paystack. Sweet Phoenix is not responsible for outages, errors, or failures caused by these third-party providers, though we will use reasonable efforts to maintain continuity of service.

We aim to keep the Service reliably available but do not guarantee uninterrupted, error-free, or continuous access. The offline-first design means caregivers can continue logging care locally during an outage, with data syncing once connectivity returns. The Platform is provided without any service level agreement or guaranteed uptime unless separately agreed in writing.

To the maximum extent permitted by applicable law, the platform is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the platform will be uninterrupted, secure, or error-free.

Sweet Phoenix does not warrant that the Platform will meet any particular regulatory or clinical accreditation requirement applicable to a Facility, and each Facility remains responsible for satisfying itself that its use of the Platform meets any such requirement.

To the maximum extent permitted by applicable law, Sweet Phoenix Creations (Pty) Ltd, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to these Terms or use of the Platform, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Sweet Phoenix's total aggregate liability arising out of or relating to these Terms or the Platform, whether in contract, delict/tort, or otherwise, shall not exceed the total fees actually paid by the relevant Facility to Sweet Phoenix in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by gross negligence or wilful misconduct, or liability that cannot be excluded under POPIA or other mandatory law. Nothing in these Terms limits or excludes a Facility's own liability to its residents, staff, or regulators for the care it provides — that responsibility remains entirely the Facility's own, as set out in clause 5.

You agree to indemnify, defend, and hold harmless Sweet Phoenix Creations (Pty) Ltd and its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use or misuse of the Platform; (b) resident, staff, or other data you enter, store, or process on the Platform, including any failure to obtain required consents; (c) the standard or adequacy of care provided by your Facility or its staff; or (d) your breach of these Terms or applicable law.

We may suspend or terminate an account for non-payment as described in clause 4, for a material breach of these Terms, or where we reasonably believe continued access poses a security or legal risk to the Platform or other Facilities. A Facility may close its account at any time; on request, made within a reasonable period after closure, we will provide a reasonable opportunity to export Facility data before deletion, subject to any legal retention requirements described in our Privacy Policy.

Sweet Phoenix will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including load-shedding or other power or network outages, acts of God, war, civil unrest, or failures of third-party infrastructure providers.

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. The parties consent to the non-exclusive jurisdiction of the South African courts to resolve any dispute arising out of or relating to these Terms that is not first resolved by good-faith negotiation between the parties.

• Severability: if any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Sweet Phoenix regarding the Platform, superseding any prior agreements on the same subject.
• No waiver: failure to enforce any provision is not a waiver of that provision.
• Assignment: you may not assign these Terms without our prior written consent; Sweet Phoenix may assign these Terms in connection with a merger, acquisition, or sale of assets.

We may update these Terms from time to time. Material changes will be reflected here with an updated date. Continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms.

Questions about these Terms can be directed to info@sweetphoenix.co.za, or via our main site at sweetphoenix.co.za.