Subscription and Services Agreement

In short

• You subscribe to software. You use Klinikbook to run your patient relations; you remain responsible for your patients, your data, your notices and consents, your licences and your lawful use.
• Klinikbook is not a health-care provider, an intermediary, a travel agency or a payment institution; it does not refer patients to you or promote you to them.
• You can try every feature free for the trial period and then choose a plan. You can cancel at any time; the subscription runs to the end of the period you paid for.
• Your workspace's data is yours: you can export it at any time, and we delete it after you leave.
• Our liability is limited to what you paid in the last twelve months, except where the law does not allow such a limit.

1. The parties and the documents

This agreement is concluded between SETTE TECHNOLOGICAL SOLUTIONS YAZILIM SANAYİ VE TİCARET ANONİM ŞİRKETİ ("SetteTech"), a company established in Türkiye ("SetteTech", "we") and the business, organisation or professional that owns the workspace (the "Customer").

It incorporates the Data Processing Agreement, the Acceptable Use Policy, the Service Level and Support Policy, the Pricing, Billing, Cancellation and Refund Terms and the sub-processor list. On data protection the Data Processing Agreement prevails; otherwise this agreement prevails over the policies.

Klinikbook is offered to businesses and professionals for their professional activity. The consumer protection rules on distance contracts therefore do not apply to the subscription, except where a mandatory rule of the Customer's country provides otherwise.

2. The service

We provide Klinikbook as software over the internet: the workspace app for the Customer's team, the patient portal for its patients and the functions of the plan the Customer chooses. We grant the Customer, for the term of the subscription, a non-exclusive, non-transferable right to let its team members and partner guests use Klinikbook for the Customer's business.

We develop Klinikbook continuously. We do not remove a function a plan includes in a way that significantly reduces the service without announcing it in advance; if such a change is not acceptable to the Customer, it may end the subscription and receive a refund of the unused prepaid period.

3. What Klinikbook is not

Klinikbook is software. It is not a health-care provider and gives no medical advice; it is not an intermediary (aracı kuruluş) between patients and health-care providers, a travel agency, a marketplace or a payment or electronic money institution. It does not refer patients to the Customer, does not promote the Customer to patients and takes no commission. Money the Customer's patients pay never passes through Klinikbook: the Customer receives it directly, and Klinikbook only keeps the records the Customer enters.

4. The Customer's responsibilities

The Customer will indemnify us against claims of third parties, and the costs they reasonably cause, that arise from a breach of these responsibilities or from unlawful content it enters into Klinikbook.

• the content it and its team enter into Klinikbook, and the statements it makes to its patients through it;
• having a lawful basis for the personal data it keeps, giving its patients the notices and obtaining the consents its law requires - Klinikbook offers templates and records consents, but the Customer decides;
• holding the licences and authorisations its activity requires (for example a health-tourism authorisation) and following the health, advertising, consumer and communication rules of its country;
• giving its team the access it needs and no more, keeping sign-in details secret, and ending the access of people who leave;
• not keeping clinical records in Klinikbook, and not storing data whose law requires an agreement we have not signed - for example protected health information under the US HIPAA without a business associate agreement;
• following the Acceptable Use Policy, and keeping its billing details accurate.

5. Trial, plans and fees

A new workspace starts with a free trial with every feature, for the period shown when it is created; no card is needed. After the trial, and whenever the Customer changes plans, the fees, billing periods, payment methods, upgrades, cancellations and refunds follow the Pricing, Billing, Cancellation and Refund Terms and the prices published on the pricing page at the time.

6. Data

The data the Customer keeps in its workspace belongs to the Customer. We process it only to provide Klinikbook, as the Data Processing Agreement describes, and never for our own purposes. The Customer can export its data at any time. When a trial or a subscription ends without a new plan, the workspace becomes read-only and its data is deleted after 90 days, after reminders by e-mail.

We may use aggregated information that identifies no person and no customer - for example how many quotes are sent - to run and improve Klinikbook.

7. Availability and support

Availability, maintenance, backups and support follow the Service Level and Support Policy.

8. Suspension

We may suspend the service, wholly or in part and only as far as necessary: if the Customer's use is unlawful or breaks the Acceptable Use Policy; if an invoice remains unpaid after its due date and the grace period, in which case the workspace becomes read-only - every record stays visible and exportable - until the invoice is paid; or if there is a threat to the security of Klinikbook or of other customers. Where possible we warn the Customer first and give it the chance to put things right, and we restore the service as soon as the reason ends.

9. Intellectual property and confidentiality

Klinikbook, its software and its design belong to SetteTech or its licensors; this agreement grants no right beyond its use. The Customer's content remains the Customer's.

Each party keeps confidential the non-public information it learns about the other, uses it only for this agreement and protects it at least as it protects its own. This does not cover information that is public, that it already had lawfully, or that it must disclose by law.

10. Warranties

We provide Klinikbook as described on the website and in the app, with reasonable care and skill. We do not promise that it will be uninterrupted or free of errors, and we promise no business result: Klinikbook does not bring patients or revenue; it helps the Customer's team do its work.

11. Liability

Each party is liable for the direct damage it causes by breaching this agreement. Neither party is liable for indirect or consequential loss, such as lost profit, lost business or lost data that a reasonable backup by the Customer of its exports would have avoided.

Our total liability under this agreement and the documents it incorporates, for all events in a twelve-month period, is limited to the fees the Customer paid us in the twelve months before the event that gave rise to the claim.

These limits do not apply to liability for intent or gross negligence, to the Customer's payment obligations and indemnity, or wherever the law does not allow such a limit.

12. Term and termination

The subscription runs for the billing period chosen and renews for the same period until it is cancelled. The Customer can cancel at any time in the app; the subscription then runs to the end of the period already paid for.

Either party may end the agreement if the other seriously breaches it and does not remedy the breach within 30 days of being told about it. If we end it without such a breach by the Customer, we refund the unused prepaid period.

When the agreement ends, the workspace becomes read-only, the Customer can export its data, and the data is deleted as section 6 describes. Provisions that by their nature continue - confidentiality, liability, payment obligations - survive.

13. Changes

We announce changes to this agreement and the documents it incorporates at least 30 days before they take effect, by e-mail to the workspace's owner and in the app. The owner accepts the new version in Klinikbook; a Customer that does not accept it may end the subscription before the change applies and is refunded the unused prepaid period. Changes required by law, or for security, may take effect sooner.

14. General

We may use subcontractors and the sub-processors on the sub-processor list, and we remain responsible for them. Neither party is liable for a failure caused by events beyond its reasonable control. The Customer may not transfer this agreement without our consent; we may transfer it to a company that takes over Klinikbook, and we will tell the Customer. Notices to the Customer go to the owner's and the billing e-mail addresses; notices to us go to [email protected].

This agreement is published in Turkish and English, and both versions are equally binding. If they differ, the Turkish version prevails for customers in Türkiye and the English version for others.

15. Governing law and disputes

This agreement is governed by Turkish law, and the courts and enforcement offices of Manisa have jurisdiction. For a Customer established outside Türkiye the same applies, unless a mandatory rule of its country provides otherwise.