Subscription agreement

This Subscription Agreement (the "Agreement") is made between the service provider (the "Provider") with the details below and the person or organization (the "Subscriber") that subscribes to the HekimBis service. Empty lines are not shown.

• Legal name: MTY Teknoloji A.Ş.
• Address: Mersin Üniversitesi Teknopark (TechnoScope), 33110 Çiftlikköy, Yenişehir, Mersin, Türkiye
• Email: [email protected]

The Agreement forms a whole together with the Terms of Service, the Data Processing Agreement, the Privacy Policy and the plan information accepted at order. If the Subscriber is a consumer, the Distance Sales Agreement also applies. In case of conflict, the Data Processing Agreement prevails on processing of personal data and this Agreement prevails on other matters.

HekimBis is a cloud-based software service that supports patient records, appointments, clinical records, finance, communication and operations for physicians and health organizations. The Lite, Pro and Clinic plans are offered on the same product and the same data model; plans are not separate applications or separate databases. The scope of the Service is stated on the site and in the plan information. A feature being described on the site does not show that it is available to every Subscriber in the current version or that conditions of legislation, registration and permit are met; certain features are not opened without verification of the relevant conditions.

The Subscriber selects a plan at order. The plan determines included users, branches, specialty packs and other capacities, and add-on options. When included capacity is exceeded, the Subscriber can buy an add-on or move to a higher plan. Increasing capacity does not automatically give a user clinical access at every branch; access is managed separately through membership and role definitions. Core functions relating to security, data integrity, record accuracy, backup, secure export and mandatory national notifications are not restricted in any plan.

A seven-day trial may be offered to new Subscribers. The trial works only with synthetic data; no real patient data is entered, and live device connections, national service submission and communication with real recipients are closed in the trial area. No card details are needed for the trial. When the trial ends, write access closes; trial data is deleted at the end of the stated waiting period.

Production use and entry of real patient data start after the following conditions are completed: acceptance of the agreement, verification of payment, verification to the extent needed of the Subscriber's authority to represent the organization, completion of security steps for the account owner, and applicable organization and facility verifications. Before these steps are completed the Provider may not accept real health data.

The plan fee, add-ons, billing period (monthly or annual) and tax status are shown to the Subscriber at order. For plans without a published price, the quote applies. Payment may be taken through a payment service provider; card details are not kept on Provider systems. If fees are to change, the Subscriber is notified a reasonable time before the current period ends; changes do not affect periods already published and accepted before the effective date.

If payment fails at renewal, the Subscriber is notified; retry and a grace period apply. If payment cannot be collected after the grace period, the service is restricted in a controlled manner; however access to clinical records and to secure export is not removed abruptly.

Upgrade: When the Subscriber moves to a higher plan, new capacities and features take effect atomically; data is not moved and no new application is installed.

Downgrade: Data is not deleted on a downgrade. For scope above the new plan's limits an impact preview is shown to the Subscriber, who chooses which scope remains in use. Scope above limits becomes read-only at the end of the period; clinical records, audit records and secure export are preserved.

The Subscriber is responsible for authorizing and training its users, for account security, for the accuracy and lawful collection of the data it enters, for giving privacy notices to patients and related persons and obtaining explicit consent and clinical consent where needed, and for determining whether registration, permit and national data submission obligations apply to it. Clinical decisions are solely the responsibility of the authorized health professional; outputs of the software and AI features are drafts and support.

The Provider delivers the Service with reasonable care, maintains security measures, processes personal data in line with the Data Processing Agreement, announces planned maintenance in advance wherever possible and provides technical support to the Subscriber. Support channels and hours are stated on the site. The Provider does not promise that the Service will be uninterrupted or error-free, but makes reasonable efforts to fix interruptions and errors.

Data the Subscriber enters belongs to the Subscriber (or the relevant data controller). During the subscription and after it ends, under the process in the Data Processing Agreement, the Subscriber can obtain an encrypted, scope-controlled export of its data. Records that require mandatory retention are moved to a restricted archive at contract end and destroyed under the approved policy when the period ends. Commitment or exit fee terms are shown clearly at order and in the plan information; data is not held hostage against an unpaid fee.

Some features (for example remote healthcare, national health data submission, health tourism) depend on verification of the relevant registration, permit, document or accreditation conditions. When the conditions are not met or lose validity, the relevant feature may be closed. This is not a breach of the Agreement; the Subscriber's access to other functions and to its data continues.

Intellectual property rights in the Service belong to the Provider or its licensors. The Subscriber is granted a non-transferable, non-exclusive right of use for the duration of the subscription. The parties protect commercial and technical confidential information they learn under the Agreement.

Without prejudice to mandatory provisions of law, the Provider's liability under this Agreement is limited to direct damages and to the amount of subscription fees the Subscriber paid to the Provider in the twelve months before the relevant event. The Provider is not liable for indirect damage, loss of profit, loss of reputation or damage arising from clinical decisions. This limitation does not apply in cases of intent and gross negligence or to mandatory provisions of consumer legislation.

The Subscriber can end its account, effective at the end of the payment period, by the method stated in the order and plan information. Either party may terminate the Agreement if the other materially breaches it and does not remedy the breach within a reasonable time after notice. The Provider may temporarily suspend the service where there is a security risk or where legislation requires. On termination, Article 9 and the end-of-contract provisions of the Data Processing Agreement apply. Refund of prepaid periods is made according to the terms shown at order and mandatory legislation.

The Provider may update this Agreement depending on changes in legislation and the service. Material changes to the Subscriber's disadvantage are notified a reasonable time before taking effect. If the Subscriber does not accept the change, it can end the Agreement at the end of the period.

Turkish law applies to the Agreement. If the Subscriber is a consumer, the jurisdiction and application routes in consumer legislation are reserved. In other disputes the courts and enforcement offices of Mersin are competent.