Terms of service

Welcome and thank you for choosing Promed HIS, software dedicated to clinical practice and hospital management.

This document describes the terms of use for Promed HIS applications and subscription plans Starter, Silver, Platinum and Enterprise.

Acceptance of fundamental terms

The agreement below describes the terms for Promed HIS software (“the Agreement”). By downloading, installing and using Promed HIS products and services (“the Services”) you accept and acknowledge that you have read and accepted this Agreement in full, and agree to be bound by its terms. These terms of service apply to all users of the four (04) subscription plans. This is a legal document. If you use Promed HIS, you accept these conditions.

Promed HIS (“Promed HIS™”) reserves the right, at its sole discretion, to modify or replace the terms of this agreement at any time. If the changes constitute a material change, Promed HIS will notify you by posting an announcement on the Promed HIS website. What constitutes a material change will be determined at the sole discretion of Promed HIS. It is your responsibility to review these changes and become familiar with them. Your use of our services after notification of a material change to this agreement will constitute your acceptance of the agreement as modified.

  1. PRIVACY POLICY

As an online service provider, we ask users to provide certain information when they register to receive our services. All information provided by Users is collected, used, maintained, shared and destroyed in accordance with the Promed HIS Privacy Policy, available here, and incorporated into this Agreement by reference.

You can read our privacy policy. It forms part of this document.

  1. LICENCE

Promed HIS grants you a non-exclusive, non-transferable right to use the software solely for your own needs, subject to the terms and conditions of this agreement. All rights not expressly granted to you are reserved by Promed HIS.

Subscriptions are provided for the term agreed at purchase and cover the number of users and sites specified in your order. Access is valid for the licensed organisation only.

However, please note that from 02/01/2024 we are introducing important changes to our licensing policy. Licences are tied to the organisation and deployment scope agreed at purchase. In the event of a material change to your infrastructure, contact support before migrating or redeploying.

User and module entitlements depend on the plan purchased:

  • Starter — core modules for small practices
  • Silver — extended clinical and operational modules
  • Platinum — clinical AI, inventory and advanced modules
  • Enterprise — full platform including ERP and multi-site

Promed HIS reserves the right to modify licence validity and limitations at any time. These adjustments aim to ensure the sustainability of our services and maintain product quality. Thank you for your understanding.

You may not resell Promed HIS

You must not sublicense, sell, resell, transfer, assign, distribute or commercially exploit or make the Services available to any third party in any way. You must not build a product using ideas, features, functions or graphics similar to the Service or copy ideas, features, functions or graphics from the Services. You may not copy how it works.

You may only use the service for private purposes and must not: send duplicate or unsolicited emails or other messages in violation of applicable laws; send forged, obscene, threatening, defamatory or otherwise unlawful or tortious material; send or store material containing software viruses, worms, Trojan horses or other harmful code; interfere with or disrupt the integrity or performance of the Software or data it contains; or attempt to gain unauthorised access to the Software or related systems or networks. You may not use Promed HIS for malicious activity.

  1. THE SERVICE

Promed HIS provides this service on an “as is, as available” basis without representation or warranty of any kind. Promed HIS does not guarantee continuous availability of the service or any specific feature(s). Promed HIS will inform you of any material changes to the service it may occasionally make. Promed HIS may, at its sole discretion, impose usage or service limits, suspend the service or block certain types of use. Accuracy and timeliness of received data are not guaranteed; delays or omissions may occur.

Sometimes things break. We do our best.

Service speed and quality may vary and the service is subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and may be interrupted, refused, limited or reduced. Promed HIS is not responsible for any failure to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues of the Software.

FREE TECHNICAL SUPPORT

Promed HIS offers a free technical support period after purchase validation:

  • 1 month for Promed HIS Starter
  • 3 months for Promed HIS Silver
  • 3–6 months for Promed HIS Platinum (90 days for standard deployment, 180 days for cloud-connected)
  • 6 months for Promed HIS Enterprise

Free support is by appointment only, remotely, in order of current requests.

Free support sessions last a maximum of 40 minutes; number of sessions per plan:

  • 04 sessions for Promed HIS Starter
  • 12 sessions for Promed HIS Silver
  • 12–24 sessions for Promed HIS Platinum (standard/cloud-connected)
  • 24 sessions for Promed HIS Enterprise

AFTER-SALES SERVICE

The after-sales service period applies after purchase validation. A full price list for after-sales services is available to all customers.

  1. USER RESPONSIBILITIES

A computer or other compatible device that can run Promed HIS (“Device”) is required. You are solely responsible for ensuring your Device is adequate and compatible.

You are not permitted to do illegal things with Promed HIS.

Promed HIS must not be used to make false statements or act on behalf of others. All messages you send through our Services will identify you as the sender. You may not:

  • Alter origin attribution in email messages or display.
  • Use the Service for unlawful purposes.
  • Use the services for commercial purposes outside your licensed organisation.
  • Use Promed HIS to conceal identity for illegal or malicious purposes.
  • Distribute copyright-protected material through our servers.
  • Take any action that places an unreasonable load on Promed HIS infrastructure.
  • Use third-party software to interfere or attempt to interfere with the software.

Deliberately or accidentally altering software operation by modifying the database or Administrator modules such as configuration, nomenclature, annexes, database.

For any configuration or change you are not sure you have the technical skills for, PLEASE CONTACT TECHNICAL SUPPORT for assistance.

You must at all times comply with all applicable local, national and foreign laws, treaties and regulations relating to your use of the Services, including data privacy, international communications and transmission of technical or personal data. If Promed HIS is contacted with a complaint concerning or resulting from your use of the Services, Promed HIS may treat your use as a breach of this agreement and terminate your account without notice.

  1. TRADEMARKS

Promed HIS graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade dress or presentations of Yoctobe and Promed HIS. Promed HIS trade dress and trademarks may not be used in connection with any product or service without prior written consent. Promed HIS images and icons may be used by third-party sites with appropriate links to the Promed HIS website.

Respect our brand.

  1. SUSPENSION & TERMINATION

You agree that Promed HIS may, at its sole discretion, for any reason or no reason and without penalty, terminate or suspend your use of the Service at any time. Promed HIS may also discontinue the Services in whole or in part, with or without notice.

We reserve the right to cancel your Promed HIS licence.

  1. DISCLAIMER OF WARRANTIES

Promed HIS makes no warranty regarding reliability, timeliness, quality, fitness, availability, accuracy or completeness of the Services. Promed HIS does not represent or warrant that (a) use of the Services will be safe, timely, uninterrupted or error-free or work with any other hardware, software, system or data, (b) the software will meet your requirements or expectations, (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Service is provided “as is” without warranty of any kind to the maximum extent permitted by law. You expressly agree that use of the Services is at your own risk.

We are not liable if something goes seriously wrong.

  1. LIMITATION OF LIABILITY

In no event shall Promed HIS or Yoctobe be liable under contract, tort, strict liability, negligence or any other legal theory for lost profits or special, indirect, incidental, punitive or consequential damages. Notwithstanding the foregoing, total liability of Promed HIS shall not exceed the total amount in pounds sterling paid by the claiming User to Promed HIS in the twelve months preceding the loss, damage or event giving rise to the claim.

We are still not liable, but if a court rules otherwise, our maximum cost is the fees you paid.

  1. CANCELLATION AND REFUND POLICY

Although all amounts paid are non-refundable, certain refund requests may be considered by Promed HIS on a case-by-case basis at its sole discretion.

We stand behind our products. If you find a bug we cannot resolve that makes a product unusable, we will provide a full refund within 14 days of your first purchase. We are not responsible for issues caused by third-party software.

Article 1 — No refund for technical issues unless you allow us to help first. Contact support at contact@promedhis.com with screenshots before requesting a refund.

Article 2 — Refunds only within 14 days of purchase.

Article 3 — Partial refunds for defective modules when Articles 1, 2 and 4 apply.

Article 4 — No refund if you simply stop using the product or bought by mistake without contacting us.

Article 5 — Use the contact form; response within 2 business days.

  1. PRODUCT AND SERVICE SPECIFICATIONS

This article sets out technical specifications and service-scope delimitations that apply to certain products and services supplied by the Provider. Where a product or module is named below, these specifications form part of the Agreement for that product or module and prevail over more general descriptions to the extent of any conflict on the points they address.

Analyser interfaces (Prolab LIS module)

The following specifications apply to interfaces between Prolab LIS, provided as a laboratory module of Promed HIS (“the LIS module”), and the Client’s analysers (instruments).

Unidirectional interface — An interface that transmits data in one direction only, from the analyser to the LIS module. The analyser sends results to the LIS module without receiving test orders back. Tests to perform are entered manually on the analyser.

Bidirectional interface — An interface that exchanges data in both directions between the LIS module and the analyser: the LIS module sends test orders to the analyser (worklist / “host download”), and the analyser returns results associated with those orders.

ASTM and HL7 protocols — ASTM E1381/E1394 and HL7 protocols, and the corresponding CLSI LIS1-A and LIS2-A2 standards, standardise only the format of messages exchanged between a LIS and an analyser (order structure, result structure, patient and specimen field encoding). An analyser’s compliance with these protocols attests to its ability to produce or receive messages in a format recognised by the LIS module. It does not imply: (a) the analyser’s ability to receive test orders (host download); (b) how a tube is associated with its corresponding order; (c) the presence or absence of a barcode reader on the analyser. Those three elements are solely a matter of the analyser’s design and configuration as determined by its manufacturer, and must be verified model by model independently of declared protocol compliance.

Tube/order association with a barcode reader — When the analyser has a working barcode reader, it scans the tube identifier at processing time and automatically associates the tube with the corresponding order previously received from the LIS module. No manual intervention is required for that association.

Tube/order association without a barcode reader — Without a working barcode reader, the list of test orders is still transmitted and available on the analyser. Association between a tube and its corresponding order must then be performed manually by the Client’s operator, according to the analyser’s own methods (on-screen selection, typing the identifier, or a pre-assigned rack position). Lack of a barcode reader does not prevent the analyser from receiving orders; it only moves the association step onto the operator.

Standard offering scope — The Provider’s standard offering includes: (i) sending the worklist (test orders) from the LIS module to the analyser, for any analyser whose interface allows it; (ii) automatic receipt of results from the analyser into the LIS module. This standard offering works whether or not the Client’s analyser has a barcode reader. Without such equipment, tube/order association remains manual as described above.

Prior verification by the Client — The Client must verify with the analyser manufacturer or in the relevant technical documentation (user manual, host transmission manual), before go-live: (a) the analyser’s ability to receive test orders (some ASTM/HL7-compliant analysers remain unidirectional by design); (b) presence and operation of a barcode reader; (c) the tube/order association mode available without such a reader. The Provider is not liable for limitations inherent to the Client’s analyser; those characteristics are solely the responsibility of the analyser manufacturer.

Additional service — automatic query mode — Enabling automatic interrogation mode (host query), allowing automatic tube/order association by barcode reading, is an interface configuration and maintenance service distinct from the standard offering. That service, hereafter “Interface After-Sales Support”, is quoted and billed separately, and requires the Client’s analyser to be equipped with a working barcode reader beforehand.