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Terms of Service

Terms and conditions for using NissiHealth

Last updated: 13 February 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and WeMakeSites (Pty) Ltd (Registration No. 2025/527655/07), a company registered in the Republic of South Africa, trading as NissiHealth (“WeMakeSites”, “NissiHealth”, “we”, “us”, or “our”).

By accessing or using the NissiHealth platform (“the Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform. If you are entering into these Terms on behalf of a business, practice, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms apply to all users of the Platform, including healthcare practitioners, staff members, practice administrators, and patients accessing patient portal features.

2. Description of Service

NissiHealth is an electronic health record (EHR) platform that provides healthcare practices with tools including but not limited to:

  • Clinical documentation and AI-assisted note-taking
  • Patient records management
  • Appointment scheduling
  • Telehealth video consultations
  • Digital prescriptions and referrals
  • Medical certificate generation
  • Patient portal access
  • Billing and practice management tools

Features available depend on your subscription plan. We reserve the right to modify, update, suspend, or discontinue any feature or functionality of the Platform at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

3. Early Access and Beta Services

NissiHealth is currently in active development. Certain features may be designated as beta, early access, or preview (“Beta Services”). By using the Platform, you acknowledge and agree that:

  • The Platform and Beta Services are provided on an “as is” and “as available” basis, without any warranties of any kind
  • Beta Services may contain bugs, errors, or inaccuracies and may not perform as expected
  • Features may be added, changed, or removed without prior notice during the early access period
  • Service availability, uptime targets, and support response times may vary during the early access period
  • We may collect additional usage data and feedback to improve the Platform during this period
  • Beta Services are not intended for use as the sole system of record for patient care; you are responsible for maintaining independent backups of critical data

4. User Accounts

4.1 Registration

To use NissiHealth, you must create an account and provide accurate, complete, and current information. You agree to promptly update your account information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Healthcare Practitioner Verification

Healthcare practitioners must provide valid professional registration details (e.g., HPCSA, SANC registration numbers). We reserve the right to verify this information at any time and to suspend or terminate accounts with invalid, expired, or unverifiable credentials without notice.

4.3 Account Security

You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorised access or use of your account. We shall not be liable for any loss or damage arising from your failure to protect your account credentials. We strongly recommend enabling two-factor authentication.

4.4 Account Restrictions

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including but not limited to cases of suspected fraud, abuse, violation of these Terms, or to comply with legal requirements.

5. Acceptable Use

You agree to use NissiHealth only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Platform for any purpose other than legitimate healthcare activities
  • Access patient data without proper authorisation or clinical need
  • Share login credentials or allow unauthorised access to your account
  • Attempt to probe, scan, or test the vulnerability of the Platform or circumvent any security measures
  • Interfere with or disrupt the Platform, servers, or connected networks
  • Upload malicious code, viruses, or harmful content
  • Violate any applicable healthcare regulations or professional standards
  • Use AI features to generate intentionally false, misleading, or fraudulent clinical documentation
  • Use the Platform to transmit spam, unsolicited communications, or marketing materials
  • Use automated scripts, bots, or scrapers to access the Platform without our written consent
  • Sublicense, resell, or redistribute access to the Platform to third parties without our written consent
  • Use the Platform in any manner that could damage, disable, overburden, or impair the Platform

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without prior notice and without refund.

6. Healthcare Compliance and Professional Responsibility

6.1 Professional Responsibility

You acknowledge and agree that NissiHealth is a tool to assist healthcare practitioners. All clinical decisions, diagnoses, treatment plans, and patient care remain the sole responsibility of the licensed healthcare professional. WeMakeSites does not provide medical advice, diagnoses, or treatment recommendations and shall not be liable for any clinical decisions made using the Platform.

6.2 AI-Generated Content

AI features (such as AI Scribe) are designed to assist with clinical documentation only. You acknowledge and agree that:

  • AI-generated content may contain errors, omissions, or inaccuracies and must be reviewed, verified, and approved by a licensed healthcare professional before use
  • AI-generated suggestions do not constitute medical advice
  • You are solely responsible for the accuracy and completeness of all clinical documentation that you sign, approve, or use in patient care, regardless of whether it was generated or assisted by AI
  • WeMakeSites shall not be liable for any harm, injury, or damage arising from reliance on AI-generated content without proper professional review

6.3 Record-Keeping

You are responsible for maintaining accurate patient records in compliance with all applicable healthcare regulations, including HPCSA guidelines in South Africa. NissiHealth provides tools to facilitate record-keeping but does not guarantee compliance with any particular regulatory framework. It is your responsibility to ensure your use of the Platform meets your regulatory obligations.

6.4 Patient Consent

You are solely responsible for obtaining all appropriate patient consents required by applicable law, including consent for:

  • Storing their health information electronically
  • Using telehealth services
  • Recording consultations for AI-assisted documentation
  • Sharing records with other healthcare providers
  • Processing their data through AI and speech-to-text services

WeMakeSites shall not be liable for your failure to obtain required patient consents.

7. Subscription, Payment, and Fees

7.1 Plans and Pricing

NissiHealth offers various subscription plans as detailed on our pricing page. Prices are quoted in South African Rand (ZAR) unless otherwise stated and are exclusive of VAT unless indicated. We reserve the right to change prices at any time with 30 days written notice. Price changes will take effect at the start of your next billing cycle.

7.2 Billing

Paid subscriptions are billed monthly or annually in advance. By subscribing, you authorise us to charge your designated payment method for all applicable fees. You are responsible for ensuring your payment information is current and accurate. Failure to pay may result in suspension or termination of your account.

7.3 Refunds

Subscription fees are non-refundable except as required by the Consumer Protection Act, 2008 (CPA) or other applicable law. If you cancel your subscription, you retain access until the end of your current billing period. No partial refunds are provided for unused portions of a billing period.

7.4 Free Plans and Trials

Free plans and trial periods may have feature limitations, usage caps, and reduced support. We reserve the right to modify, limit, or discontinue free plans and trials at any time without notice. Free plans do not include any service level commitments.

7.5 Taxes

You are responsible for all applicable taxes, levies, and duties associated with your use of the Platform, except for taxes on our net income.

8. Data Ownership, License, and Portability

8.1 Your Data

You retain ownership of all patient data and content you upload to or create within NissiHealth (“Your Data”). WeMakeSites does not claim ownership of Your Data.

8.2 License to WeMakeSites

You grant WeMakeSites a non-exclusive, worldwide, royalty-free, transferable licence to use, process, store, reproduce, and display Your Data solely for the purposes of:

  • Providing and operating the Platform and its features
  • Providing technical support and troubleshooting
  • Complying with applicable law
  • Creating anonymised, aggregated, and de-identified data for the purpose of improving the Platform (provided such data cannot reasonably identify any individual)

This licence survives termination of your account to the extent necessary to fulfil legal retention requirements and wind-down obligations.

8.3 Data Export

You may export Your Data at any time through our export tools where available. Upon account termination, we provide a 30-day window to export Your Data. After this period, we may delete Your Data except where retention is required by law. We are not responsible for data that is not exported within the 30-day period.

8.4 Data Accuracy

You are solely responsible for the accuracy, quality, and legality of Your Data and the means by which you acquired it. WeMakeSites is not responsible for any errors, omissions, or inaccuracies in Your Data.

9. Intellectual Property

9.1 Platform Ownership

The Platform, including but not limited to its design, user interface, features, source code, object code, algorithms, documentation, trademarks, service marks, logos, and all content (excluding Your Data), is the exclusive property of WeMakeSites (Pty) Ltd and is protected by South African and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

9.2 Restrictions

You may not:

  • Copy, modify, adapt, translate, or create derivative works of the Platform or any part thereof
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
  • Remove, alter, or obscure any proprietary notices, labels, or marks
  • Use our trademarks, logos, or brand elements without prior written permission
  • Frame or mirror any part of the Platform on any other website or service

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform (“Feedback”), you grant WeMakeSites an irrevocable, perpetual, worldwide, royalty-free licence to use, modify, and incorporate such Feedback into the Platform and our other products and services without any obligation to you.

10. Service Availability

10.1 Uptime

We endeavour to maintain high availability for paid plans but do not guarantee any specific uptime percentage. Scheduled maintenance will be announced in advance where reasonably practicable.

10.2 Service Interruptions

We are not liable for service interruptions, slowdowns, or outages caused by factors beyond our reasonable control, including but not limited to internet outages, telecommunications failures, natural disasters, pandemics, acts of government, acts of war or terrorism, power failures, or third-party service provider failures.

10.3 Modifications

We may modify, update, or discontinue any aspect of the Platform at any time. For material changes that negatively affect core functionality, we will endeavour to provide reasonable advance notice.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

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, STATUTORY, OR OTHERWISE. WEMAKESITES (PTY) LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT, CLINICAL DOCUMENTATION, OR OTHER OUTPUT OF THE PLATFORM
  • WARRANTIES THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
  • WARRANTIES REGARDING THE SUITABILITY OF THE PLATFORM FOR ANY PARTICULAR CLINICAL, REGULATORY, OR COMPLIANCE PURPOSE

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEMAKESITES (PTY) LTD, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGE, LOSS, OR INJURY RESULTING FROM CLINICAL DECISIONS MADE USING THE PLATFORM OR RELIANCE ON AI-GENERATED CONTENT
  • ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
  • ANY INTERRUPTION OR CESSATION OF THE PLATFORM
  • ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY
  • ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT

IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF WEMAKESITES (PTY) LTD AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO WEMAKESITES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND SOUTH AFRICAN RAND (R1,000).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER WEMAKESITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including the Consumer Protection Act, 2008 (CPA) where applicable.

12. Indemnification

You agree to indemnify, defend, and hold harmless WeMakeSites (Pty) Ltd, its parent company, subsidiaries, affiliates, directors, officers, employees, agents, contractors, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

  • Your use of or inability to use the Platform
  • Your violation of these Terms or any applicable law or regulation
  • Your clinical decisions, diagnoses, treatment plans, and patient care activities
  • Your use of or reliance on AI-generated content without proper professional review
  • Your failure to obtain required patient consents
  • Your violation of any third-party rights, including intellectual property, privacy, or contractual rights
  • Any claim by a patient, regulatory body, or third party relating to your use of the Platform
  • Any data breach or security incident caused by your negligence or failure to maintain account security

This indemnification obligation survives termination of your account and these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time through account settings or by contacting support. Termination does not entitle you to a refund of any prepaid fees.

13.2 Termination by Us

We may suspend or terminate your account immediately and without prior notice for:

  • Violation of these Terms or our acceptable use policies
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees after reasonable notice
  • Extended inactivity (free accounts only, after 12 months)
  • Requests by law enforcement or government agencies
  • Unexpected technical or security issues that require immediate action
  • At our sole discretion for any reason with 30 days notice

13.3 Effect of Termination

Upon termination, your right to access and use the Platform immediately ceases. You have 30 days from the date of termination to export Your Data. After this period, we may permanently delete Your Data, except where retention is required by law or these Terms. Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and general provisions survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws provisions.

14.2 Resolution Process

Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved as follows:

  • Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days
  • Mediation: If negotiation fails, the dispute shall be submitted to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) or a mutually agreed mediator
  • Arbitration: If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the rules of AFSA. The arbitration shall take place in Johannesburg, South Africa

14.3 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.

14.4 Class Action Waiver

To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or a prominent notice on the Platform at least 30 days before taking effect. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date.

16. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and WeMakeSites (Pty) Ltd with respect to the Platform and supersede all prior agreements, understandings, and representations.
  • Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
  • No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by WeMakeSites.
  • Assignment: You may not assign, transfer, or sublicense these Terms or any rights hereunder without our prior written consent. WeMakeSites may freely assign these Terms, including to any parent company, subsidiary, affiliate, or in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: WeMakeSites shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, terrorism, civil unrest, power failures, internet outages, or third-party service failures.
  • Notices: We may provide notices to you via email, through the Platform, or by posting on our website. Notices to WeMakeSites must be sent to legal@nissihealth.com.
  • Independent Contractors: The relationship between you and WeMakeSites is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
  • Third-Party Beneficiaries: These Terms are for the benefit of WeMakeSites, its parent company, subsidiaries, and affiliates. Except as expressly stated, there are no third-party beneficiaries to these Terms.

17. Contact Information

For questions about these Terms, contact us at:

  • Company: WeMakeSites (Pty) Ltd, trading as NissiHealth
  • Email: legal@nissihealth.com
  • Address: Johannesburg, South Africa

By using NissiHealth, you acknowledge that you have read, understood, and agree to these Terms of Service. See also our Privacy Policy.