These Terms of Service (the "Terms") are a binding agreement between you and the operator of the Roshetta platform ("Roshetta", "we", "us"). By creating an account, ticking the acceptance box, or continuing to use Roshetta after a new version of these Terms is published, you confirm that you have read, understood and agree to them. If you do not agree, do not use Roshetta.
1. Definitions
- Platform means the Roshetta web and mobile software, its APIs, and related support services.
- Clinic means a medical practice, clinic or healthcare facility that holds a Roshetta workspace (a "tenant").
- Healthcare Professional means a doctor or other licensed clinician who uses the Platform.
- Staff User means any other person a Clinic authorises to use its workspace, such as a receptionist or assistant.
- Patient means a person whose appointments, records or prescriptions are managed on the Platform.
- User means any of the above who holds a Roshetta account.
- Clinical Data means health-related information about a Patient, including electronic health records, visit notes, diagnoses, prescriptions, laboratory results and attachments.
2. What Roshetta is, and what it is not
Roshetta is an administrative software tool provided as a service (SaaS). It helps Clinics schedule appointments, keep records, produce prescriptions and manage billing.
Roshetta is not a healthcare provider, a medical practice, a pharmacy, or a medical diagnostic or treatment service. It does not examine, diagnose, treat or advise any Patient, and nothing displayed or generated by the Platform is medical advice. Any alert, template, suggestion, calculation or default value in the Platform is an administrative aid only and does not replace professional clinical judgement.
3. Clinical responsibility
Healthcare Professionals and Clinic administrators are solely responsible for:
- verifying the identity of each Patient and the accuracy and completeness of all Patient data and medical records before relying on them;
- checking every diagnosis, medication, dosage, frequency, duration, allergy and interaction before issuing a prescription or taking any clinical action;
- reviewing every document the Platform generates (including prescriptions and reports) before it is given to a Patient;
- holding and maintaining the licences, registrations and permissions that the law requires for their practice; and
- all professional decisions, treatment, and clinical outcomes.
The Clinic and its Healthcare Professionals remain the care providers at all times, and the relationship of care exists only between them and the Patient.
4. Disclaimer of liability for clinical matters
To the maximum extent permitted by applicable law, Roshetta accepts no legal or financial liability for any misdiagnosis, faulty or inappropriate prescription, treatment error, delay in care, adverse event, injury, death or other clinical outcome arising from or connected with the use of, or inability to use, the Platform, whether or not the Platform was involved in the event. Any claim of that kind lies only against the Clinic and the Healthcare Professionals concerned, and each Clinic is responsible for holding the professional liability insurance the law and good practice require.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, or death or personal injury caused by our own proven gross negligence where the law does not allow it to be excluded.
5. Data ownership and roles
Each Clinic owns, and remains responsible for, the Clinical Data it enters on the Platform. For Clinical Data, the Clinic (and the Healthcare Professionals acting for it) is the data controller, and Roshetta acts only as a data processor on the Clinic's documented instructions. The Medical Data Processing Agreement, which you must also accept, forms part of these Terms and governs that processing. Roshetta is the controller only of the account, security, billing and usage data it needs to run the Platform, as described in the Privacy Policy.
Before storing any Patient's electronic health record on the Platform, the Clinic must have a lawful basis under the law that applies to it, and where the law requires it, must obtain and keep evidence of the Patient's informed consent. Roshetta does not obtain that consent on the Clinic's behalf and is not responsible for its absence.
6. Accounts, credentials and access control
- You must give accurate information and keep it up to date. You must be of legal age to contract, or act through a legal guardian.
- You are responsible for keeping your password, verification codes and devices secure, and for everything done through your account until you tell us it is compromised. Do not share credentials or let anyone else use your account.
- Each Clinic owner is responsible for who is given access to the Clinic's workspace, for assigning each person the least role and permissions they need, and for promptly removing access when a person leaves or changes duties. Misuse of permissions by Clinic staff, including viewing or exporting Patient data without a care or business need, is the responsibility of the Clinic and the individual, not of Roshetta.
- Tell us without delay, through the Technical Support (الدعم الفني) form, if you suspect unauthorised access to an account or workspace. We may suspend access to protect Patients and Users.
- Roshetta is not liable for loss or harm caused by unauthorised access that results from a User's failure to protect their credentials or from a Clinic's own access-control decisions.
7. Availability, connectivity and emergencies
We work to keep the Platform available, but we do not promise uninterrupted or error-free service. The Platform may be unavailable because of maintenance, upgrades, failures of our providers, cyber-attacks, power or internet outages, or events outside our reasonable control.
Roshetta is not an emergency system. It must not be the only means by which a Clinic can reach information needed to treat a Patient in an emergency. Each Clinic must keep its own downtime procedures, such as backups, printed copies of essential information, and an alternative way to issue prescriptions and contact Patients, and is responsible for care delivered while the Platform is unavailable or when a User has no internet connection. To the maximum extent permitted by law, Roshetta is not liable for loss, delay or harm caused by downtime, slow performance, loss of connectivity, or loss of access, including during an emergency.
8. Third-party services and integrations
The Platform relies on and connects to third-party services, including SMS and WhatsApp gateways (for example, for one-time passwords and reminders), email delivery, payment processors, cloud hosting, and external laboratory systems. Those services are provided by their own operators under their own terms. Roshetta does not control them and is not liable for their delays, failures, errors, interruptions, security incidents, message non-delivery, or incorrect or late results, or for amounts charged by them. A Clinic that connects an external laboratory or payment provider is responsible for that relationship and for checking any result or payment before acting on it.
9. Acceptable use
You must not: use the Platform unlawfully or to harm any person; enter data you have no right to enter; attempt to access another tenant's data or any part of the Platform you are not authorised to use; probe, overload, scrape, reverse engineer or interfere with the Platform; upload malware; or use the Platform to send unsolicited messages. We may remove content and suspend or end access for breach of this section.
10. Fees
Fees, billing periods and taxes are those shown when a Clinic subscribes or in its order. Fees are non-refundable except where the law requires otherwise or we agree in writing. We may change fees for a later period after giving reasonable notice.
11. Intellectual property
Roshetta and its licensors own the Platform, its software, design and brand. We grant you a limited, revocable, non-exclusive, non-transferable right to use it in accordance with these Terms. You keep all rights in your own data, and you give us only the rights needed to host and process it to provide the Platform.
12. Suspension, termination and export
You may stop using the Platform at any time. We may suspend or terminate access for breach of these Terms, for security or legal reasons, or for non-payment. After a Clinic's subscription ends, we will keep its Clinical Data available for export for at least thirty (30) days (or any longer period the law or the Medical Data Processing Agreement requires), after which we will delete or return it as that agreement provides. Records we must keep by law, and the consent log described below, are kept as long as the law or legitimate evidential needs require.
13. Consent records
When you accept these Terms, we record which version you accepted, when, the network address and device information from which you accepted, the language you saw, and the Clinic context if any. This record cannot be edited or deleted. It is kept as legal evidence and is shown to you or to a competent authority on lawful request.
14. Liability cap
Subject to section 4 and to the extent permitted by law, Roshetta's total liability to a User or Clinic for all claims arising from the Platform is limited to the fees that the Clinic paid for the Platform in the twelve (12) months before the event giving rise to the claim. Roshetta is not liable for indirect, consequential, special or punitive loss, loss of profit, revenue, goodwill or data, or reputational harm.
15. Indemnity
Each Clinic will indemnify Roshetta against claims, losses and costs brought by Patients, regulators or other third parties arising from the Clinic's or its Users' clinical decisions, use of Clinical Data without a lawful basis or required consent, breach of these Terms, or breach of law, except to the extent caused by Roshetta's own breach of these Terms or of the Medical Data Processing Agreement.
16. Changes to these Terms
We may publish a new version of these Terms, the Privacy Policy or the Medical Data Processing Agreement. A new version applies from the moment it is published. On your next use of the Platform you will be asked to review and accept it, and you will not be able to continue until you do. If you do not accept, you may stop using the Platform and request an export of your data under section 12.
17. Governing law and disputes
These Terms are governed by the laws of the country in which the operator of Roshetta is registered, without regard to conflict-of-law rules. The competent courts of that country have exclusive jurisdiction, except that mandatory consumer, health-information and data-protection laws of the country in which a Clinic or Patient is located apply where they cannot be excluded by agreement. Before any proceeding, the parties will try in good faith to resolve a dispute through the Technical Support channel for at least thirty (30) days.
18. Language and general terms
These Terms are published in Arabic and English. Where the two differ, the Arabic text governs. If any provision is held unenforceable, the rest remains in force and the provision is applied to the extent the law allows. A failure to enforce a right is not a waiver. These Terms, the Privacy Policy and the Medical Data Processing Agreement are the whole agreement on their subject. We may give you notices in the Platform, by email, or on our website.