Terms and Conditions

Terms of Use of the Clinikit Platform

LAST UPDATED: 03/03/2025

Clinikit S.A.R.L (hereinafter “Clinikit”) owns, runs and operates a medical software platform (the "Platform") accessible for the Users (as defined below) working for the same entity through a URL link generated by Clinikit exclusively for that entity, using their user account (the “User Account”) as further detailed below.

SCOPE OF THESE TERMS OF USE

These Terms of Use (the “Terms of Use”) govern the Users’ access to the Platform through their User Account, and their use of the features, services and digital products available on the Platform as further detailed below under clause 3.2 (collectively, the “Services”), without prejudice to specific provisions of any license agreement you may have entered into with Clinikit S.A.R.L., which shall prevail.

In these Terms of Use, and through the site, the terms “we”, “us”, “our” and the "Company" refer to Clinikit S.A.R.L, whereas the terms “you” and “your” refer to any User of the Platform and Services. A “User” is you or anyone who accesses, browses, or in any way uses the Platform and/or the Services.

The Company is the provider of the Services, which permits you to utilize certain electronic services on the Platform, including but not limited to storing your personal content (such as patients contact details, patients’ medical cases and health and medical information, scheduled appointments, notes, reminders, and documents) and making it accessible on your compatible devices and computers, only under these Terms of Use.

The Terms of Use refer to our privacy policy (the “Privacy Policy”), hereby incorporated by reference. The Privacy Policy also applies to your access and/or use of the Platform and of the Services. Please read our Privacy Policy, to know what information we may collect, and how we process any personal data we collect from you, or that you provide to us.

Your access and use of the Platform and Services is governed by the Terms of Use effective at the time of use and/or access. We reserve the right to revise, update, change or replace the Terms of Use or any part of the Terms of Use at any time, and from time to time, or impose new or additional terms or conditions on your use of the Platform and the Services, at our sole discretion, for purposes such as, but not limited to, reflecting changes in the Services such as adding new services or removing old ones, or adding new features, or pricing, and for legal, regulatory, or security reasons.

We post such updates and/or changes to the Terms of Use on this page and you can review the most current version of the Terms of Use at any time on this Platform, as it is your responsibility to check this page periodically for updates and changes. Your continued access to and/or use of the Platform and/or the Services following the posting of any changes and/or updates constitutes acceptance of those changes and agreement to be bound by them; If you don’t agree to the new Terms of Use, you should immediately stop using the Platform and the Services. Clinikit shall not be liable to you in any way whatsoever for any modifications and/or updates to the Terms of Use made in accordance with these Terms of Use, particularly this clause .

Any new features, services, digital products and/or tools which are added to the current Platform shall also be subject to the Terms of Use.

BY CLICKING “AGREE,” YOU ARE AGREEING TO BE BOUND BY THE TERMS OS USE WHICH WILL APPLY IF YOU CHOOSE TO ACCESS AND/OR USE THE SERVICES.

It is important that you read and understand the Terms of Use. By accessing and/or using the Platform and/or the Services:

a. You acknowledge that you’ve read, understood, and accept these Terms of Use and any additional documents or policies referred to in these Terms of Use and agree to be bound by them.

b. In the event where the Terms of Use have been amended and/or updated since your last access or use of the Platform or the Services, you hereby acknowledge and agree that your continued access and/or use of the Platform and of the Services constitutes your acceptance of the amended and/or updated Terms of Use;

c. You agree to receive communications from the Company electronically, and you acknowledge and agree that such electronic communications, including any notification and information inquiry by email are legally valid and that they satisfy any legal requirements that such communications be in writing.

2. OWNERSHIP OF THE PLATFORM AND ITS CONTENT

The Company is the sole owner of this Platform, including all information, digital products, tools, components, features, databases and Services and any other content displayed and/or available and/or made available on this Platform to you (the “Content”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms of Use are a binding legal agreement between the Company and you.

Any use of the Platform and/or of any Service and/or of any Content therein shall only take place as authorized in these Terms of Use and in any other specific license agreement entered into by and between you and the Company.

It is strictly prohibited for all Users, without Clinikit’s prior written consent, to use the Platform and/or the Services and/or the Content in any way and for any purpose whatsoever other than what is stated herein, including without limitation, the communication to the public, the distribution, modification and extraction of the Platform and/or the Services and/or the Content, whether in whole or in part.

3. USE OF THE PLATFORM

3.1 Access to the Platform

To access the Platform and use the Services made available therein, you will need to have a User Account linked to a unique User ID and a temporary password, which you are required to change upon first login (altogether the “Credentials”).

Your Credentials will be sent to you via an autogenerated email to the address you provided to the Admin User when they created your account, or, if you are the Admin User, this information will be sent to the email address you have registered with Clinikit.

Your Credentials are intended solely for your personal use and should not be shared with others. It is your responsibility to maintain their confidentiality.

3.2 Services of the Platform

The Services available on the present medical software Platform aim at assisting certified healthcare professionals, including but not limited to certified doctors, physicians and therapists, holding an administrator User Account (the “Admin Account”) to organize, record, store and internally share matters related to their medical clinic, to their medical career, and to their patients, subject to the Terms of Use provided herein, whether themselves directly or whether through authorized Users (the “Authorized Users”) to whom they assign, on their full responsibility as Admin, certain tasks in that respect.

Such Services include, but are not limited to, (i) facilitating the scheduling and rescheduling of patient appointments, (ii) managing patient queues digitally, (iii) assisting in organizing patient visits and diagnostics, (iv) securely storing comprehensive patient health records and (v) supporting financial operations with tools for billing and invoicing.

The Services available for your access and use on the Platform may vary according to your status, i.e. whether you are an Admin User or an Authorized User, whereas Authorized Users powers, s mentioned hereinabove, are granted by the Admin User through his Admin Account and on his full and sole responsibility.

Clinikit reserves the right to update, suspend, modify, restrict and/or discontinue the use of or the access to the Services at any time, without prior notice or notice, and for any reason it deems appropriate at its sole discretion, and without incurring any direct or indirect liability in this respect.

4. USERS OF THE SERVICES

4.1 Admin User

The Admin User shall be the principal User to whom the authority to access, use and operate the opened Account was originally assigned by the Company.

4.2 Authorized Users

Authorized Users shall include members of the staff of the Admin User’s real-life clinic for which a management Account was created on the Platform.

Such Authorized Users shall include certified healthcare professionals, including but not limited to certified doctors, physicians and therapists, other than the Admin doctor, nurses, assistant nurses of the Admin doctor, secretary and accountants.

The powers of such Authorized Users to access and use the Platform and the Services made available therein shall be determined by the Admin, at its full and sole responsibility, who shall manage the Authorized Users’ roles at his sole and full responsibility, whereas the Admin User shall bear full responsibility for any and all activities that occur under his Admin Account and under any Authorized User’s Account created therethrough.

5. USE OF THE SERVICES

5.1. The Services are intended to facilitate and organize the doctors’ work as described under clause 3.2. above. Any use of the Services for purposes other than what is described in these Terms of Use is prohibited. Any use of any Service outside of its original context shall fall under the subject User’s sole and full responsibility and Clinikit shall not incur any liability, whether direct or indirect, in this regard. For the avoidance of doubt, when such prohibited use is done by an Authorized User by way of the powers granted to him by the Admin User, both shall bear full responsibility in this respect.

5.2. Clinikit does not transfer any property rights of any kind in the Services to any User who accesses and/or uses the Platform and the Services.

Accordingly, as a User, you undertake not to sell, resell, rent, trade, distribute, reproduce and/or transmit, in whole or in part, any Service or feature, whether present or future, to any third party and/or portals and/or website publishers and similar, in any way whatsoever, either with or without consideration, without the prior written explicit consent of Clinikit.

5.3. Without prejudice to the hereinabove clause 5.1.2., no User shall, without Clinikit’s prior written explicit consent:

Make all or part of the Services available to any third parties, including without limitation, through making the link to the User Account and/or the ID and Password associated therein available to such third parties.
Insert content to the Services in any way whatsoever other than what is permitted by the Company under these Terms of Use and necessary for the use of each Service and only to that extent.
Grant any third party the right to make the Services available to the public, or redistribute it for display to the public in any way whatsoever.
Distribute the Services in any other manner to any third party for any reason whatsoever.

5.4. Except as expressly consented in writing by Clinikit, you agree that your Account, whether you are an Admin User or an Authorized User, is non-transferable and that any rights to your Services within the Account terminate upon your death.

5.5. It is hereby prohibited for all Users to create any work or derived material based on the Services and/or the features available on the Platform and claim that they are the authors of such work and/or material.

5.6. Prohibited Uses:

You hereby agree and undertake that you will not use the Platform and/or the Services to:

Pretend to be anyone, or any entity, you are not; You may not impersonate or misrepresent yourself as another person;
To submit false or misleading information especially patient related information of any kind, notably information made available by you to other Users, whereas you will bear full responsibility in this regard, including but not limited to, any physical harm or death caused to any patient due to such submission and disclosure of false or misleading information. Clinikit shall in no case be liable, whether directly or indirectly in this regard.
Engage in any copyright or intellectual property infringement, including but not limited to uploading any content to which you do not have the right to upload;
Upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere, discontinue or limit the normal and/or smooth operation of the Platform and/or the Services, or any part thereof;
Interfere with or disrupt the Services;
Plan or engage in any illegal activity, including but not limited to any activity of any kind related to organ trafficking and illegal and unethical human experimentations; and/or
Store, gather and process personal information of any User of the Services other than you and/or patient related information, to be used in connection with any of the foregoing prohibited uses and activities.
5.7. If your use of the Services or other behavior intentionally or unintentionally threatens the Company’s ability to provide the Services or other systems, the Company shall have the right to take all reasonable steps to protect the Services and Platform, which may include suspension or termination of your access to the Platform and/or the Services

Clinikit reserves the right to terminate your access and/or use of the Platform and/or Service for violating any prohibited use.

6. USERS’ REPRESENTATIONS AND WARRANTIES

6.1. Each User warrants and represents that it has all necessary powers, rights, consents and certifications to enter into these Terms of Use with Clinikit and to use and/or access the Platform and/or the Services.

6.2. Each User hereby warrants and represents that he shall at all times access and use the Platform and the Services in strict compliance with these Terms of Use and with all laws and regulations applicable to him.

6.3. Each User represents and warrants that its entry into this Agreement and performance of its obligations under this Agreement will not violate or conflict with, or exceed any limit imposed by (i) any law or regulation to which he is subject or (ii) any other agreement or undertaking binding to him.

6.4. Each User represents and warrants that he is at least (18) years of age.

6.5. Each User represents and warrants that he will use the Services only for lawful purposes and in accordance with these Terms of Use.

7.USERS’ OBLIGATIONS

7.1. Obligations of the Admin User

The Admin User undertakes to enforce these Terms of Use to the Authorized Users by him.
The Admin User hereby undertakes that he will not use the authorities assigned to him by Clininikit in such a way that prevents other Admin Users from accessing and using the Services and/or the Platform.
The Admin User hereby acknowledges that Clinikit only grants Authorized Users limited access to certain roles respectively under each Authorized User’s Account. Accordingly, the Admin User hereby undertakes to bear any and all responsibility, whether direct or indirect, arising out of or related to any role assigned by him to any Authorized User, and agrees and undertakes to solely bear full responsibility for all activities that occur as a result of such role assignment.
The Admin User hereby undertakes that he will only grant access to any clinic’s profile created by him on his User Account, or to any content available thereto, to key staff members of his real-life’s clinic staff who require access to the Platform, and he also undertakes to immediately cancel and disrupt the roles of any Authorized User who is no longer member of his staff.
The Admin User hereby undertakes to inform Clinikit immediately if he believes that he or any other User, whether Admin or Authorized, has violated these Terms of Use of otherwise engaged in prohibited or illegal conduct.
The Admin User hereby acknowledges that Clinikit provides multiple security levels to protect the privacy and security of the Services and the Platform and content available thereto, including without limitation a non-mandatory two factor authentication consisting of a passcode and a One Time Password; The Admin User hereby undertakes to solely bear any liability and to completely hold Clinikit harmless in the event where any breach of the hereinabove security occurs due to the Admin User’s negligence to activate any additional non-mandatory security measure.
Take full responsibility for any unauthorized access to any shared file he makes available to other Users and for all activities that occur in this respect.

7.2. Obligations of the Authorized Users Each Authorized User undertakes to use the standard authorities and/or roles assigned to him by the Admin User and/or Clinikit only for the purpose for which such authority or role was granted and only for the purposes permitted by these Terms of Use and only to the extent permitted by any law or regulation you may be subject to in your applicable jurisdiction.

7.3. Obligations applicable to all Users Without prejudice to any other obligation mentioned in these Terms of Use, each User hereby undertakes to:

Ensure that all devices used to access this Platform are equipped with up-to-date antivirus and anti-malware software.
Access the Platform only through secure and private internet connections, and refrain from using public or unsecured Wi-Fi networks to access the Platform.
Failure to adhere to these security measures may result in the suspension or termination of your access to the website.
Keep their User ID and Password confidential and secure and not disclose them to any third party.
Take full responsibility for all activities that occur under their Account.
Notify Clinikit immediately of any unauthorized use of their account or any other breach of security.
Ensure that you log out from your account at the end of each session if accessing the Platform from a shared or public computer.

Failure to comply with these obligations may result in the suspension or termination of your access to the Platform and its Services. In no case shall the Company be responsible and held liable for any losses arising out of the unauthorized access or use of your Account resulting from you not abiding by these rules and from your breach of the hereinabove obligations.

8. USER GENERATED CONTENT

Except for material and content we may license to you, the Company does not claim ownership of any materials and/or content you submit or make available on the Services.

You understand and acknowledge that you alone are responsible for any material and/or content that you submit or transmit to, though, or in connection with the Services or that you display or make available to other Users through your Account (collectively the “User Generated Content”).

You hereby agree and acknowledge that any User Generated Content submitted or posted by you shall not infringe or violate the rights of any other party or violate any laws, or tribute to or encourage infringing or otherwise unlawful conduct. By submitting or posting such User Generated Content on areas of the Service that are accessible by other Users of the Platform and/or of the Services, you are representing that you are the owner of such material and/or have all necessary rights, licenses, consents, permissions and authorizations to use, disclose and distribute it.

You hereby agree to assume all risks associated with the User Generated Content, including anyone’s reliance on its correctness, accuracy and reliability.

You represent and warrant that the User Generated Content does not breach any of these Terms of Use.

You hereby agree and acknowledge that in no case shall Clinikit be responsible in any way whatsoever for the integrity or preservation of User Generated Content, including but not limited to any loss, deletion or alteration thereof. Users acknowledge that their use of the Platform and of the Services implies acceptance of these conditions.

9. IP, SOFTWARE, TRADEMARKS AND LOGOS

9.1. Intellectual Property

All texts, graphics, logos, distinctive signs, data compilations, software, Content (as defined under hereinabove clause 2 (ownership of the Platform and its content)) and any other materials included on the Platform (altogether the “Materials"), are the exclusive property of Clinikit and are rigorously protected by applicable copyright laws of Lebanon.

The compilation of all Materials on this website is the exclusive property of Clinikit and is rigorously protected by applicable copyright laws of Lebanon. Unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the Materials is strictly prohibited.

9.2. Software

You hereby agree and acknowledge that Clinikit is the sole and exclusive owner of all legal right, title and interest in and to the software, software components, codes and proprietary technology used to implement and maintain the Platform and/or the Services (altogether hereinafter referred to as the "Software"), including any and all intellectual property rights, whether registered or not.

You further agree that the Software, or any part thereof, contains proprietary and confidential information that is protected by applicable intellectual property law and other laws, including but not limited to copyright laws. You hereby agree and undertake that you will not and you will not attempt to decompile, disassemble or access the source code of the Software, as such actions are prohibited and will be met with severe legal consequences.

Furthermore, you hereby agree that the below mentioned actions are strictly prohibited, with respect to the Software of any part thereof:

Reproduction: Duplicating or making copies of the Software or any part thereof in any way and by any means whatsoever.
Republication: Publishing or republishing the Software or any part thereof on any platform.
Modification: Altering, amending, or making derivative works based on the Software or any part thereof, in any way and by any means whatsoever.
Performance and Display: Publicly of privately performing or displaying the Software or any part thereof.
Transmission: Transmitting the Software or any part thereof through any digital communication medium of any kind.

Accordingly, you hereby undertake not to reproduce, modify, transmit, republish, perform and/or display the Software or any part thereof.

You also hereby agree and acknowledge that any breach of the abovementioned prohibited actions clause constitutes a violation of applicable intellectual property laws and other laws, including copyright laws, and may result in both civil and criminal penalties.

The rights granted to Users under these Terms of Use are limited to accessing and using the Platform and the Services for personal and private, non-commercial purposes only, in a manner that complies with all applicable laws and regulations and with these Terms of Use.

9.3. Trademarks

The Company's name, distinctive signs, products, service names and graphics are trademarks of the Company.

The use of such trademarks, in whole or in part, in any way whatsoever and by any means whatsoever, without Clinikit's prior written explicit consent and permission is strictly prohibited, and any breach of such prohibition may result in both civil and criminal penalties.

9.4. Logos

The logos displayed on this Platform are the sole and exclusive property of the Company. You are not permitted to use these logos, whether in whole or in part, by any means whatsoever and for any purposes whatsoever, without the prior written express consent of Clinikit. Unauthorized use of any logos, designs and/or graphics included on this Platform will be met with severe legal consequences as it is strictly prohibited.

9.5. Reporting Infringements and Legal action

Any unauthorized use of the Materials, trademarks, logos, or Software, or any part thereof, will result in immediate legal action.

If you become aware or believe that there is any unauthorized use of the Company's intellectual property, please report such activity immediately to the Company at the contact information mentioned under clause 24. (Contact Information) below.

We reserve the right to seek all remedies available at law and in equity for any breach and/or violation of this clause 9, including but not limited to the right to block access from a particular internet address to the Platform and/or these Services, and/or block access to the same for any User.

10. AVAILABILITY OF THE SERVICES

We always try to improve our Services. For such purpose, we may expand, add, amend or remove our Services, features, tools, digital products and functionalities, and the support of the Platform. Our Services may be interrupted, including, but not limited to, for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue all or some of our Services at any time and at our sole discretion. Events beyond our control, such as Force Majeure Events as further detailed in these Terms of Use, may affect and/or interrupt our Services.

Without prejudice to any other provision set forth in these Terms of Use, we may modify, suspend, or terminate your access to and/or use of our Platform and/or Services at any-time and at our sole discretion, for any reason, such as if you violate our Terms of Use or create harm to us or to our Users.

Without prejudice to any other provision stated herein, we reserve the right, but are not obligated, to limit the access and/or availability of our Platform and/or Services to any person, geographic region or jurisdiction.

We may exercise this right on a case-by-case basis.

The Platform and/or the Services, or any feature or part thereof, may not be available in all countries and Clinikit makes no representation that the Platform and/or the Services, or any feature or part thereof, is available for use in any particular location other than within the Republic of Lebanon.

To the extent you choose to access and use the Platform and/or the Services from any country, including the Republic of Lebanon, you do so at your own initiative and are responsible for your compliance with any laws and regulations applicable to you.

We do not warrant that the quality of any Services, information, or other material or tools or features obtained and/or used by you will meet your expectations, or that any errors or inaccuracies in the Services will be corrected.

Software Updates and Maintenance. Clinikit may periodically introduce updates, enhancements, or modifications to the Software. While these updates are intended to improve the Software's functionality and performance, they may temporarily affect Users' ability to use the Platform and/or Services smoothly. The Company will make reasonable efforts to minimize disruptions. However, the Company is not liable for any temporary interruptions or issues that may arise during the update process.

11. THIRD PARTY LINKS

If there are third-party websites linked to on the Platform or on the Services, these links are provided only for the convenience of our Users and for informational purposes only and do not constitute a recommendation, endorsement or approval by the Company of these third-party websites or any of their content.

The Company has no control over, and assume no responsibility for, the content, services, practices and privacy policies of any third-party websites or any additional links contained therein.

Clinikit is not responsible for examining or evaluating these third-party websites' content or accuracy and it does not warrant and will not have any liability or responsibility for any third-party websites, or for any services of third-parties.

You hereby acknowledge and agree that in no event shall Clinikit be liable, directly or indirectly, to you or any other person or entity for any loss or damage caused or alleged to be caused by or in connection with the access and/or use of these third-party websites or the information or material accessed through these third-party websites or any other transactions made in connection with any third-party websites. Any Complaints, claims, concerns, or questions regarding third-party websites and services should be directed to the third-party.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit or use.

12. SECURITY

12.1. Security Measures:

The Company have implemented reasonable and appropriate technical and organizational measures designed to protect the security of your information which you submit on the Platform as mentioned in these Terms of Use, and takes reasonable precautions and follow industry best practices in order to protect this information against inappropriate loss, unauthorized accesses and/or disclosures, misuse, alterations and destructions.

12.2. User Responsibility:

Without prejudice to the above, the security and safety of the abovementioned information highly depends on you and you should only access our Platform and Services within a secure environment, and you hereby agree and undertake to notify us immediately of any breach of security of any kind whatsoever, including unauthorized use of or access to the Platform and Services.

12.3. Prohibited Actions:

You hereby agree and undertake not to engage in any activities that could compromise the security of the Platform, including but not limited to:

Attempting to access any part or feature or Service of the Platform, or any other related system or network without proper authorization.
Introducing malicious or technologically harmful codes such as viruses, worms or any other software of any kind intended to damage or alter the Platform’s and the Services' functionality.
Conducting or attempting to conduct any form of unauthorized data monitoring, network monitoring or data or communications' interception of any kind on the Platform.

By using our Platform and Services, you hereby acknowledge and accept these security terms.

13. PRIVACY POLICY AND USERS’ DATA

Clinikit cares about your privacy. Please refer to Clinikit’s Privacy Policy for detailed information on our data practices, including the types of information we receive and collect from you, how we use and share this information and your rights in relation to the processing of information about you. By using our Platform and Services, you acknowledge that you have carefully read and understood our Privacy Policy, and you agree to the practices described therein.

14. TERMINATION OF THE SERVICES

Without prejudice to any other provision stated in these Terms of Use, the following termination provisions shall apply:

14.1. Voluntary Termination by the User You may terminate your account and right access to the Platform and to the Services at any time by notifying the Company at the contact information mentioned under clause 24. (Contact Information) below.

Immediately after submitting and sending your termination request as mentioned above, you must immediately cease from accessing and using the Platform and the Services.

Upon receipt of your termination request, your account will be immediately deactivated.

You hereby agree and acknowledge that such termination by You may be non – reversible.

14.2. Termination by Clinikit

Clinikit reserves the exclusive right, at its sole discretion, to terminate your access to all or part of the Platform and/or the Services, with or without prior notice or notice to you, with immediate effect, for no reason or for any reason whatsoever, including without being limited to, if Clinikit believes that you have breached or acted inconsistently with these Terms of Use or any applicable rule or law. Grounds for termination by Clinikit include, but are not limited to:

Users' violation of any terms or conditions stated herein, whether in whole or in part.
Engaging by User in activities that disrupt or interfere with the Platform's and or the Services' functionality or security.
Conducting any fraudulent, abusive, or illegal activities by User.
Non-compliance of User with applicable copyright laws, particularly relating to the use of software, Content, and intellectual property.
Where provision of the Services to the User is or may become unlawful

14.3. Effects of Termination

Upon termination of your access to the Platform and/or Services:

All rights granted to you under these Terms of Use will immediately cease.

You must immediately discontinue all use of the Platform and Services.

All provisions of these Terms of Use which, by their nature, should survive termination, shall survive, including but not limited to ownership provisions, continuity and availability of the Services, releases and disclaimers of warranties, indemnity, limitations of liability, jurisdiction.

You hereby agree and acknowledge that after a certain period, fixed as deemed appropriate by Clinikit, the latter shall delete User Generated Content stored through your User Account, and you hereby release Clinikit from any liability and/or claims thereof, and of any kind.

14.4. Reinstatement after Termination

Reinstatement of the User's access to the Platform and the Services following any termination shall be at the sole discretion of Clinikit and may be subject to conditions and requirements determined by Clinikit.

In no case shall Clinikit have the obligation to reinstate your access to the Platform and the Services and you hereby agree to such terms.

14.5. No Liability for any Termination

In no case shall Clinikit be liable to you or any third party for any termination of your access to the Platform and Services, whether in whole or in part, or any Content therein. Termination of access to the Platform and to the Services shall be in addition to, and not in lieu of, any other legal or equitable remedies available to Clinikit.

15 . DISCLAIMERS AND RELEASE

USERS AGREE AND ACKNOWLEDGE THAT THEIR USE OF THE PLATFORM AND OF THE SERVICES IS SUBJECT TO THE FOLLOWING DISCLAIMERS. CLINIKIT IS PROVIDING THE PLATFORM AND THE SERVICES ON AN “AS IS” AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CLINIKIT (INCLUDING ITS DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF AVAILABILITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL CODE. CLINIKIT DOES NOT WARRANT THAT THE PLATFORM AND ANY SERVICE PROVIDED THEREOF BY CLINIKIT ARE USEFUL, OR THAT THE PLATFORM AND THE SERVICES WILL BE OPERATIONAL, ERROR FREE, SAFE, OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. CLINIKIT DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN THE USERS USE AND ACCESS THE PLATFORM AND THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR AND IS NOT OBLIGATED TO CONTROL THE ACTIONS AND USER GENERATED CONTENT OF THE USERS OR OTHER THIRD-PARTIES. YOU HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, AND EMPLOYEES (TOGETHER, THE “CLINIKIT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. THE PRESENT DISCLAIMER AND RELEASE APPLIES TO ANY DAMAGES AND INJURIES OF ANY KIND CAUSED BY THE PLATFORM AND/OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (I) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR IN TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. CLINIKIT ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND CLINIKIT HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR ACCESS AND USE OF SUCH SITES OR ANY SERVICES OR CONTENT MADE AVAILABLE THEREOF. FURTHERMORE, CLINIKIT (INCLUDING ITS DIRECTORS, OFFICERS AND EMPLOYEES) DOES NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY USER GENERATED CONTENT MADE ON THE SITE BY ANY USER. CLINIKIT DOES NOT WARRANT OR GUARANTEE THAT ACCESS TO THE PLATFORM AND TO THE SERVICES, WHETHER IN WHOLE OR IN PART, WILL BE UNINTERRUPTED OR ERROR–FREE. CLINIKIT DOES NOT WARRANT OR GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF USE OF THE PLATFORM AND SERVICES PROVIDED THEREOF. THIS DISCLAIMER AND RELEASE CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

16. LIMITATION OF LIABILITY

You expressly agree that your use of, access to, inability to use or inability to access, the Platform and the Services is at your own and sole risk. Unless otherwise stated in these Terms of Use, you assume full responsibility and risk of loss resulting from your access to and use of the Platform and any of the Services, whether in whole or in part.

To the maximum extent permitted by law, in no case shall the Company, its directors, officers, employees, interns, suppliers, service providers or licensors be liable for any death, injury, loss, claim, or any direct, indirect, incidental, exemplary, punitive, special, or consequential damages of any kind, including, without limitation lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the Platform and/or of the Service or for any other claim related in any way to your use of the Services, including, but not limited to, any loss or damage of any kind incurred as a result of the use of the Services or any Content (or product) made available via the Services, whether present or future, even if advised of their possibility.

CLINIKIT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM AND/OR THE SERVICES SHALL IN NO EVENT EXCEED USD/500/ (ONLY FIVE HUNDRED UNITED STATES DOLLARS), REGARDLESS OF THE TYPE OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE).

YOU HEREBY RELEASE CLINIKIT FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.

17. INDEMNIFICATION

If anyone brings a claim ("Third-Party Claim") against the Clinikit Parties or any of the Clinikit Parties,related to your actions, information, or your User Generated Content, or any other use of our Services by you, you hereby agree and undertake to indemnify, and hold Clinikit Parties harmless from and against all liabilities, damages, losses, awards, judgements, fees and expenses of any kind (including attorneys' and legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (i) your access to or use of the Platform and/or the Services (ii) your breach of these Terms of Use, whether in whole or in part, or of any provision of applicable law (iii) any misrepresentation made by you (vi) your violation of any right of third-party.

You hereby undertake to fully cooperate with the Company in the defense or settlement of any Third-Party Claim.

18. TECHNICAL SUPPORT

18.1. Scope of Support

Clinikit will provide technical support to the Users of the Platform, which includes both remote support and on-site intervention as outlined below.

18.2. Support Availability and Contact Details

Technical support will be available during Clinikit regular business hours, from Monday to Friday, between 9:00 AM and 5:30 PM (Beirut Time), excluding public holidays. Users can reach Clinikit’s technical support through the following contact information:

Over the phone: +96178886389 or +961 25 454 925
By email: [email protected]

19. GOVERNING LAW; COMPETENT JURISDICTION

19.1. Clinikit is based in Lebanon. The Platform and the Services are controlled and operated by Clinikit from Lebanon and are not intended to subject Clinikit to the laws or jurisdictions of any state, country, and/or territory other than that of the Republic of Lebanon.

These Terms of Use, the Platform and the Services and any matter related thereto are governed by and construed in accordance with the laws of the Republic of Lebanon.

Any new service, features or tools which are added to the current Platform and/or to the Services shall also be subject to the laws and jurisdictions of Lebanon exclusively.

19.2. Any dispute arising out from or in connection with these Terms of Use, the Platform and/or the Services and/or their use and all matters related thereto shall be settled by the Courts of South of Lebanon which shall have exclusive jurisdiction in this respect.

20. CHANGES TO THESE TERM OF USE

Without prejudice to any other provision set forth in these Terms of Use, especially those set forth in hereinabove clause 1 (Scope of these Terms of Use), these Terms of Use may be amended at any time, and from time to time, at Clinikit's sole discretion, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Platform and/or the Services or in urgent situations, such as preventing ongoing abuse.

Any such amendments or modifications shall be effective immediately upon posting on the Platform. You can review the most current version of these Terms of Use at any time on this Platform.

If you do not agree with any amended Terms of Use, you must immediately cease using the Platform and the Services.

21. SEVERABILITY

In the event that any provision of these Terms of Use shall be invalid, illegal, or unenforceable under any applicable rule or law or be so held by a court of competent jurisdiction or other competent authority, the remaining provisions shall not be affected or impaired thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. However, if any such invalidated provision substantially affects the purpose or intent of these Terms of Use, Clinikit, at its sole discretion, shall amend the terms of such provision to achieve the original purpose to the maximum extent permitted by law.

The failure to amend such provision by Clinikit within (60) days shall not affect the validity or enforceability of these Terms of Use, but during such time, the invalidated provision shall be interpreted in a manner consistent with applicable law to the maximum extent possible.

22. ASSIGNEMENT

You agree that you may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms of Use to any third party without Clinikit's express prior written consent. Any unauthorized assignment, transfer, sublicense, or delegation or attempt thereof shall be deemed as null and void.

We reserve the right to assign, transfer, sublicense, or delegate these Terms of Use, in whole or in part, including but not limited to any successor or in connection with any merger, acquisition or sale of assets, without your consent. Any such assignment, transfer, sublicense, or delegation by us shall not relieve you of your obligations towards the Company under these Terms of Use.

23. ENTIRE AGREEMENT

These Terms of Use, along with any other agreement signed between you and Clinikit regarding the subject matter hereof, shall constitute the entire agreement between you and Clinikit, and shall govern your use of the Services and completely supersede and replace any prior agreements and understandings between you and Clinikit, whether oral or written, in relation to the access and/or use of the Platform and the Services.

Unless agreed otherwise with Clinikit, in the event of conflict between these Terms of Use and any other agreement signed between you and Clinikit regarding the subject matter hereof, these Terms of Use shall control.

24. CONTACT INFORMATION**

If you have questions about these Terms of Use, the Platform or the Services, you can write to us by email at [[email protected]] or contact us by phone at [+961 25 454 925].