Terms of Service

1. Definitions

In these Terms of Service, the following definitions apply:

• "MedFunnel", "we", "us", or "our" — the company operating the MedFunnel platform.
• "Platform" — the MedFunnel software application, APIs, and associated services accessible at app.medfunnel.io.
• "Client", "you", or "your" — the clinic, healthcare organisation, or individual that has registered for and uses the Platform.
• "User" — any individual authorised by the Client to access the Platform under the Client's account.
• "Patient Data" — personal data relating to patients, leads, or prospective patients entered into the Platform by the Client or Users.
• "Subscription" — the paid licence to access and use the Platform, as described in Section 5.
• "Agreement" — these Terms of Service, together with any Order Form, DPA, and any other documents incorporated by reference.

2. Eligibility and Account Registration

To use MedFunnel, you must:

• Be a legally registered business or a sole trader operating a healthcare or clinic-related service;
• Be at least 18 years of age;
• Have the legal authority to enter into a binding agreement on behalf of your organisation;
• Provide accurate, complete, and current registration information.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us of any unauthorised use of your account at [email protected].

MedFunnel reserves the right to refuse registration or suspend accounts that violate these Terms or that we reasonably believe represent a risk to the platform or other users.

3. Description of Service

MedFunnel is a cloud-based SaaS platform designed to help clinics manage the full patient lifecycle from initial enquiry to treatment completion. Core functionality includes:

• Patient intake forms and lead management pipeline
• Doctor evaluation and clinical note management
• Treatment offer creation, delivery, and tracking
• Online deposit and payment collection via Stripe
• In-clinic treatment session and workflow management
• WhatsApp Business API integration for patient communication
• Workflow automation and task assignment
• Multi-role team access controls
• Analytics and reporting

We reserve the right to modify, add, or remove features at any time. We will give reasonable notice of changes that materially reduce core functionality.

4. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform to process data for purposes other than legitimate healthcare and clinic management activities;
• Upload, transmit, or store content that is unlawful, fraudulent, defamatory, or in violation of any third-party rights;
• Attempt to gain unauthorised access to the Platform, other accounts, or any related systems;
• Use the Platform to send unsolicited or bulk communications (spam) via any channel;
• Reverse-engineer, decompile, or disassemble any part of the Platform;
• Use automated scripts, bots, or scrapers to interact with the Platform without prior written consent;
• Resell, sublicense, or otherwise make the Platform available to third parties outside your own organisation without our written consent;
• Use the Platform in any way that violates applicable data protection, medical privacy, or healthcare regulations in the jurisdiction where you operate;
• Misrepresent your identity or affiliation when using the Platform.

Violation of this section may result in immediate suspension or termination of your account without refund.

5. Subscriptions, Billing, and Payment

5.1 Subscription Plans

MedFunnel is offered on a subscription basis. Current plans and pricing are published at www.medfunnel.io/pricing. Prices are stated in Euros (EUR) and exclude VAT unless otherwise stated. VAT or equivalent taxes may apply depending on your location.

5.2 Billing Cycle

Subscriptions are billed monthly in advance. Your first payment is due on the date of subscription activation. Subsequent payments are due on the same calendar date each month.

5.3 Payment Method

All payments are processed via Stripe. You authorise us to charge your nominated payment method on a recurring basis. If a payment fails, we will notify you and attempt to retry the charge. Persistent payment failure may result in suspension of access.

5.4 Price Changes

We reserve the right to change subscription prices. We will give at least 30 days' written notice before any price increase takes effect. Continued use of the Platform after the effective date constitutes acceptance of the new pricing.

5.5 Refunds

All subscription fees are non-refundable unless required by applicable consumer protection law. If you cancel your subscription, you will retain access to the Platform until the end of your current billing period. We do not issue pro-rated refunds for partial months.

5.6 Free Trials

Where a free trial is offered, it is limited to one trial per organisation. At the end of the trial period, your account will be automatically converted to a paid subscription unless you cancel before the trial ends.

6. Data Ownership and Responsibilities

6.1 Your Data

You retain full ownership of all data you upload or create within the Platform, including Patient Data. MedFunnel does not claim any intellectual property rights over your data.

6.2 Client as Data Controller

You are the Data Controller for all Patient Data you process through MedFunnel. You are responsible for:

• Ensuring you have a lawful basis to collect and process patient personal data, including health data;
• Providing patients with appropriate privacy notices;
• Complying with all applicable data protection laws in the jurisdictions where you operate, including GDPR where applicable;
• Obtaining any required patient consents before entering their data into the Platform;
• Responding to patient data rights requests.

6.3 MedFunnel as Data Processor

MedFunnel processes Patient Data solely on your documented instructions and for the purpose of providing the Platform. Our obligations as Data Processor are set out in the Data Processing Agreement (DPA), which forms part of this Agreement. The DPA is incorporated by reference and can be provided in full upon request at [email protected].

6.4 Prohibited Data

You must not use the Platform to store data that you do not have a lawful right to process, or data that is subject to regulations which exceed the security commitments of this Agreement (for example, certain regulated financial data or classified government data).

7. Intellectual Property

The Platform, including its software, design, user interface, logos, and documentation, is the exclusive property of MedFunnel or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Platform.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform during your active subscription, solely for your internal business purposes in accordance with these Terms.

You grant MedFunnel a limited licence to process, store, and transmit your data solely for the purpose of providing the Platform and as described in our Privacy Policy.

8. Service Availability and Support

8.1 Uptime

We aim to maintain high availability of the Platform and will make reasonable efforts to ensure it is accessible at all times. However, we do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where reasonably practicable. Guaranteed uptime SLAs are only applicable to Enterprise plans where explicitly agreed in writing.

8.2 Support

Support is provided by email during business hours (Monday–Friday, 09:00–18:00 CET). Enterprise plans include priority support and an agreed response SLA. We reserve the right to change support channels and hours with reasonable notice.

8.3 Modifications

We may update, modify, or discontinue any part of the Platform at any time. We will provide reasonable notice of changes that materially affect the service. Where a modification materially reduces the functionality of your current plan, you may terminate your subscription within 30 days and receive a pro-rated refund for any prepaid fees.

9. Confidentiality

Each party agrees to keep the other party's confidential information (including pricing, technical specifications, business processes, and data) strictly confidential and to use it only for the purposes of this Agreement. This obligation survives termination of the Agreement for a period of 3 years.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed; or (d) must be disclosed by law.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• MedFunnel's total cumulative liability arising from or relating to this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total subscription fees paid by you in the 12 months immediately preceding the claim.
• MedFunnel shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, revenue, data, business opportunity, or goodwill, even if advised of the possibility of such damages.
• MedFunnel shall not be liable for any loss, damage, or liability arising from:
  • Your failure to comply with applicable laws, including data protection and healthcare regulations;
  • Unauthorised access to your account resulting from your failure to protect credentials;
  • Third-party services or integrations (including Stripe, WhatsApp, and Meta);
  • Events beyond our reasonable control (force majeure).

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless MedFunnel and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or relating to:

• Your use of the Platform in violation of these Terms;
• Your processing of Patient Data in breach of applicable data protection law;
• Any claim by a patient or third party arising from your clinical or business activities;
• Any content or data you upload or transmit via the Platform.

12. Term and Termination

12.1 Duration

These Terms commence on the date you first access the Platform and continue until your subscription is terminated.

12.2 Termination by You

You may cancel your subscription at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining subscription period.

12.3 Termination by MedFunnel

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You materially breach these Terms and fail to remedy the breach within 7 days of written notice;
• You fail to pay subscription fees after a grace period;
• We reasonably suspect your account is being used for fraudulent, illegal, or abusive purposes;
• Continued provision of the service would expose MedFunnel to legal or regulatory risk.

12.4 Effect of Termination

Upon termination:

• Your access to the Platform will cease immediately (or at the end of the billing period in the case of voluntary cancellation).
• You have 30 days from the termination date to export your data. After this period, your data will be deleted or anonymised in accordance with our data retention policy.
• Clauses relating to intellectual property, liability, indemnification, confidentiality, and governing law survive termination.

13. Warranties and Disclaimers

We provide the Platform on an "as is" and "as available" basis. To the extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

MedFunnel is a workflow and patient management platform. It is not a medical device, clinical decision support system, or substitute for professional medical judgement. Clinical decisions remain the sole responsibility of the qualified healthcare professionals using the platform.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable law. In the event of a dispute, the parties agree to first attempt to resolve the matter informally by contacting [email protected]. If the dispute cannot be resolved informally within 30 days, it may be referred to binding arbitration or the competent courts in the jurisdiction applicable to MedFunnel's place of registration.

If you are a consumer located in the EU, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. Changes to These Terms

We may revise these Terms at any time. We will notify you of material changes at least 30 days before they take effect via email or in-app notice. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you may cancel your subscription before the effective date.

16. General

• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any DPA or Order Form, constitute the entire agreement between you and MedFunnel regarding the Platform.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control.

17. Contact

For questions about these Terms:

• Email: [email protected]
• Legal / DPA enquiries: [email protected]