These Terms of Service and Subscription Licence Agreement (“Terms”) govern your access to and use of DigiGyn™ (the “Platform”), a clinical documentation and visual reporting service operated by Vas MedTech (Pty) Ltd (“Vas MedTech”, “we”, “us”, “our”).
By creating an account, clicking “I agree”, accessing the Platform, or using any part of DigiGyn™, you enter into a binding agreement with us under these Terms. If you do not agree to these Terms, you must not use the Platform. If you use the Platform on behalf of a practice, hospital, or other organisation, you confirm you have authority to bind that entity, and “you” includes that entity.
Last updated: 30 01 2026
1.1 Risk, Liability, and Indemnity Terms
These Terms include provisions that:
You confirm these provisions have been drawn to your attention and that you accept them.
1.2 Administrative Tool Only
DigiGyn™ is an administrative documentation tool for healthcare professionals. It is not clinical decision support, does not infer or interpret clinical data, and does not provide medical advice, diagnosis, or treatment recommendations.
In these Terms:
3.1 What DigiGyn™ Is
DigiGyn™ supports clinical administration by enabling:
3.2 What DigiGyn™ Is Not
DigiGyn™ does not:
You must not present, market, or represent DigiGyn™ as any of the above.
3.3 No Clinical Decision Support and No Inference
The Platform is reference-based. Outputs reflect the information you provide and the templates you select. The Platform is not intended to infer meaning beyond your inputs. Any structured presentation is for administrative convenience only.
4.1 Eligible Users
You may only use DigiGyn™ if you are:
4.2 Clinician Responsibility
You acknowledge and agree that:
4.3 No Emergency Use
DigiGyn™ is not designed for emergencies, clinical monitoring, or time-critical alerts.
4.4 Recording Consent and Lawful Use
Where you record consultations or upload audio, you are responsible for:
You are responsible for:
You must notify us promptly of any suspected unauthorised use or security incident affecting your account.
We may suspend, restrict, or terminate access where we reasonably believe it is necessary to protect the Platform, patients, Users, or our legal obligations.
6.1 Outputs Are Draft Administrative Material
Transcriptions and structured notes may contain inaccuracies or omissions. Outputs are generated using automated processing and are provided as draft administrative content only.
6.2 Mandatory Human Review
You must apply human oversight and professional judgment to all Outputs, including transcription accuracy, template population, and any exported report. We do not warrant that any Output is accurate, complete, compliant, fit for purpose, or suitable for any medico-legal or clinical reliance.
7.1 Roles Under POPIA
For purposes of POPIA:
7.2 Your POPIA Responsibilities
You are responsible for:
7.3 Confidentiality
You must ensure that:
We treat Patient Data as confidential and will not disclose it except as required to provide the service, comply with law, or as otherwise permitted by these Terms.
7.4 Security Measures
We implement reasonable technical and organisational measures appropriate to the nature of the Platform. However, you acknowledge no system is completely secure and residual risk exists.
7.5 De-Identified and Aggregated Data
We may use de-identified and aggregated usage data (which does not identify patients) to improve Platform performance, reliability, and safety. We do not attempt to re-identify de-identified data.
Unless otherwise agreed in writing:
You remain responsible for complying with any record retention duties applicable to your practice, institution, or jurisdiction.
You must not:
We may suspend or terminate access for violations.
Where applicable:
We may change pricing with reasonable notice. Any new pricing applies from the next billing period unless stated otherwise.
The Platform, including its software, interfaces, templates, diagrams, and underlying technology, is owned by Vas MedTech or its licensors.
You receive a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms and only for your internal clinical administration purposes.
12.1 Licence Grant
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable subscription licence to access and use DigiGyn™ during your subscription term for internal clinical administration and documentation.
12.2 Early Access Term
If you are enrolled in the Early Access Programme, your subscription runs for three (3) months from the start date shown in your order confirmation, invoice, or account (“Early Access Term”), unless ended earlier under these Terms.
12.3 Beta Nature and Changeability
You acknowledge that Early Access may include beta features and that the Platform may change without notice. Features, templates, workflows, exports, and Output formats may be modified, replaced, paused, or removed during Early Access.
12.4 No Guaranteed Ongoing Access After Early Access
Completion of the Early Access Term does not guarantee:
Any continued use after Early Access (if offered) will be subject to the then-current plans and terms, or a new written agreement.
12.5 Cancellation by You
You may cancel at any time by written notice to our support contact or through the Platform where available. Unless required by law, fees already paid are non-refundable.
We may allow access until the end of the paid period, or end access sooner where reasonably necessary for security, legal, or operational reasons.
12.6 Cancellation or Termination by Us
We may suspend or end your access at any time, including during Early Access:
Where reasonably practical, we will provide notice.
12.7 No Service Levels in Early Access
Early Access is provided on a reasonable efforts basis and does not include guaranteed service levels, uptime commitments, or response time guarantees, unless agreed in writing.
You retain ownership of your Content. You grant us a limited licence to host, process, transmit, and display your Content solely to provide, maintain, secure, support, and improve the Platform, and to comply with legal obligations. You warrant that you have all rights and permissions necessary to upload and process the Content, including Patient Data.
If you provide suggestions, feedback, or feature requests, you grant us the right to use them without restriction or obligation, including for product improvement and commercial development.
The Platform may rely on third-party infrastructure or services (for example hosting, transcription processing, analytics, email delivery). We are not responsible for third-party systems outside our reasonable control.
16.1 “As Is” and “As Available”
To the maximum extent permitted by law, the Platform and all Outputs are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of accuracy, fitness for purpose, merchantability, non-infringement, availability, or uninterrupted service.
16.2 No Professional Advice
The Platform does not provide professional medical or healthcare advice, diagnosis, or treatment recommendations, and you must not rely on it as such.
17.1 Exclusion of Certain Losses
To the maximum extent permitted by law, Vas MedTech is not liable for:
17.2 Liability Cap
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms is limited to the fees paid by you to Vas MedTech for the Platform in the six (6) months immediately preceding the event giving rise to the claim.
17.3 Non-Excludable Liability
Nothing in these Terms excludes liability to the extent it cannot be excluded under applicable law.
You agree to indemnify, defend, and hold harmless Vas MedTech, its directors, officers, employees, contractors, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
a. your access to or use of the Platform
b. your breach of these Terms
c. your breach of law, regulation, or professional obligations
d. any clinical decision, diagnosis, treatment, referral, or patient outcome
e. your Content, including any claim that you lacked authority or lawful basis to process Patient Data
f. any claim by a patient, institution, regulator, insurer, or third party arising from your use of or reliance upon Outputs without appropriate review and sign-off
We may, at our option, assume control of the defence of any claim, and you will provide reasonable assistance. You may not settle any claim in a way that imposes any obligation or admission of liability on Vas MedTech without our prior written consent.
We may suspend or terminate your access immediately if:
You may terminate by discontinuing use and closing your account (where supported). Termination does not remove obligations that by their nature continue, including indemnities, liability limitations, and IP protections.
You consent to receiving communications from us electronically. You agree that notices, agreements, and records may be provided electronically and will have legal effect under South African law, including the Electronic Communications and Transactions Act.
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including failures of third-party networks, power, internet services, or cloud infrastructure.
22.1 Severability
If any provision is found unlawful or unenforceable, the remaining provisions remain in effect.
22.2 Assignment
You may not assign your rights under these Terms without our prior written consent. We may assign these Terms as part of a corporate restructure, investment, acquisition, or sale of business.
22.3 No Partnership
Nothing in these Terms creates a partnership, employment relationship, joint venture, or agency relationship.
22.4 Entire Agreement and Order of Precedence
These Terms, together with any referenced policies and any order form or invoice terms you accept, constitute the entire agreement between you and us regarding the Platform. If an order form or written agreement expressly conflicts with these Terms, that order form or written agreement will prevail to the extent of the conflict.
These Terms are governed by the laws of the Republic of South Africa. South African courts will have jurisdiction, unless mandatory law requires otherwise.
