Master Terms of Service

1. Definitions

For the purposes of these Master Terms:

"Ethmoide"/ "Ethmoide Inc." / "we" / "us" / "our"

Ethmoide Inc., a company incorporated under the laws of Kenya, including its subsidiaries, affiliates, and operating divisions.

"Services"

All websites, web applications, mobile applications, APIs, platforms, software-as-a-service offerings, and any other products or services made available by Ethmoide Inc., whether currently existing or introduced in the future. This includes, without limitation, the Ethmoide Healthcare Platform and all other branded products operated by Ethmoide Inc.

"Product Supplement"

A supplementary terms document specific to a particular product or service offered under the Ethmoide Inc. umbrella. Product Supplements incorporate these Master Terms by reference and add or modify terms applicable to that product only.

"User" / "you" / "your"

Any individual, organisation, or legal entity that accesses or uses any of the Services.

"Content"

All text, data, images, audio, video, software, and any other material made available through the Services.

2. Acceptance of Terms

By accessing or using any of the Services, you confirm that you have read, understood, and agree to be bound by these Master Terms and any applicable Product Supplement, together with our Master Privacy Policy. If you do not agree, you must immediately stop using the Services.

Where you access a Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these terms, and "you" refers to that organisation.

Ethmoide Inc. reserves the right to update these Master Terms at any time. Material changes will be communicated via email or a prominent notice within the relevant Service. Continued use of the Services after the effective date of any amendment constitutes acceptance of the revised terms.

3. Covered Products and Services

These Master Terms expressly govern the following products and services operated by Ethmoide Inc. ("Covered Services"). Each product is named here so that users of any Ethmoide Inc. product can identify the governing terms with certainty.

3.1 Ethmoide Healthcare Platform

Clinical decision support, diagnostic tools, and healthcare workflow automation available at ethmoide.com and associated sub-domains. See the Healthcare Platform Supplement for additional terms (including HIPAA obligations).

3.2 Theatre Lists — Ethmoide Surgicore

Surgical theatre scheduling, booking, and management dashboard for hospitals and surgical teams. Subject to the Healthcare Platform Supplement.

3.3 PhotoSurgeon

Mobile application for structured surgical photography documentation and automated theatre list generation. Subject to the Healthcare Platform Supplement.

3.4 Utafiti — Research Platform

Kenyan scientific literature and research discovery platform available at utafiti.ethmoide.com.

3.5 Ethmoide Social Scheduler

Social media scheduling and management tool for healthcare professionals and organisations, available at postiz.server.ethmoide.com. This product connects to third-party social media platforms (including TikTok, Instagram, X, and others) through their respective developer APIs. Use of this product is subject to the terms of those third-party platforms in addition to these Master Terms.

3.6 Surgeons.co.ke

Kenya Surgical Discovery Platform providing a verified surgeon registry, profiles, and a surgical camps directory. Available at surgeons.co.ke and camps.surgeons.co.ke.

3.7 Ethmoide Supplies

Medical and surgical supplies marketplace available at supplies.ethmoide.com.

3.8 Ethmoide Branding

Healthcare branding and creative services for medical organisations, available at branding.ethmoide.com.

3.9 Cleft Lip Simulator

Web-based surgical planning and simulation tool for cleft lip rotation and repair procedures. Subject to the Healthcare Platform Supplement.

3.10 KNH Theatre List Automation

Automated theatre list generation and management tool for Kenyatta National Hospital. Subject to the Healthcare Platform Supplement.

3.11 AI vs Researcher

Blog and content platform exploring artificial intelligence and medical research in Kenya, available at aivsresearcher.com.

3.12 CC Version Guard

Desktop version control utility for creative and code assets, distributed by Ethmoide Inc.

3.13 Agency Services

Ethmoide Inc. also provides website design, development, and management services to third-party client organisations. The service relationship between Ethmoide Inc. and those clients is governed by a separate service agreement. End users of client websites interact under the client organisation's own terms and privacy policy, not these Master Terms. A current list of client websites managed by Ethmoide Inc. is published on the Legal Hub.

The full and current list of all Covered Services, together with any applicable Product Supplements, is maintained on the Legal Hub.

4. Use License

Subject to your compliance with these Master Terms and any applicable Product Supplement, Ethmoide Inc. grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for their intended purpose. You may not:

• Reproduce, distribute, or publicly display any Content without prior written authorisation
• Use the Services or Content for any commercial purpose not expressly permitted in writing
• Reverse engineer, decompile, or attempt to extract source code from any software forming part of the Services
• Remove or obscure any copyright, trademark, or other proprietary notices
• Sublicense, sell, resell, transfer, or otherwise exploit the Services for the benefit of a third party
• Use automated means (bots, scrapers, crawlers) to access the Services without written permission
• Violate any applicable laws or regulations, or infringe the rights of any third party

5. Intellectual Property Rights

All intellectual property rights in and to the Services and their Content — including text, graphics, logos, trademarks, software, databases, and compilations — are owned by or licensed to Ethmoide Inc. and are protected under applicable national and international intellectual property laws. Nothing in these terms transfers any ownership of such rights to you.

Where you submit, post, or upload any content to a Service ("User Content"), you grant Ethmoide Inc. a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, and distribute that User Content solely to provide and improve the Services. You represent and warrant that you hold all necessary rights to grant this licence.

6. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Ethmoide Inc. disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Ethmoide Inc. does not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

Certain Services may be subject to additional disclaimers set out in the relevant Product Supplement (for example, clinical disclaimers for the Healthcare Platform).

7. Limitation of Liability

To the fullest extent permitted by applicable law, Ethmoide Inc. and its directors, employees, agents, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business opportunity arising out of or in connection with your use of, or inability to use, the Services, even if Ethmoide Inc. has been advised of the possibility of such damages.

Where liability cannot be excluded by law, Ethmoide Inc.'s total aggregate liability to you shall not exceed the greater of (a) the amounts paid by you to Ethmoide Inc. in the twelve months preceding the claim, or (b) KES 10,000 (ten thousand Kenyan shillings).

8. Accuracy of Materials

Content on the Services may contain technical, typographical, or other errors. Ethmoide Inc. does not warrant that Content is accurate, complete, or current, and may update or remove Content at any time without notice. For Services where accuracy is safety-critical (e.g., clinical tools), please refer to the applicable Product Supplement.

9. Acceptable Use

You agree to use the Services only for lawful purposes. You must not use any Service to:

• Transmit any unlawful, harmful, defamatory, obscene, or discriminatory content
• Engage in any conduct that restricts or inhibits any other user's enjoyment of the Services
• Attempt to gain unauthorised access to any system, account, or network connected to the Services
• Introduce malware, viruses, or other malicious code
• Harvest or collect personal information of other users without consent
• Impersonate any person or entity

10. Termination of Access

Ethmoide Inc. may suspend or terminate your access to any or all of the Services, with or without notice, for any conduct that Ethmoide Inc. determines, in its sole discretion, violates these Master Terms, any Product Supplement, or any applicable law, or is harmful to other users, Ethmoide Inc., or third parties. Upon termination, all licences granted under these terms immediately cease.

11. Links to Third-Party Websites

The Services may contain links to third-party websites or services. Ethmoide Inc. does not control, endorse, or assume responsibility for any third-party content, privacy practices, or terms. Your use of any third-party website is entirely at your own risk and subject to that website's own terms.

12. Force Majeure

Ethmoide Inc. shall not be in breach of these terms, nor liable for any delay or failure in performance, where such delay or failure results from events beyond our reasonable control, including acts of God, natural disasters, governmental actions, industrial disputes, or failures of third-party infrastructure providers.

13. Severability

If any provision of these Master Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

14. Waiver

No failure or delay by Ethmoide Inc. in exercising any right under these terms shall constitute a waiver of that right. A waiver in any particular instance shall not be construed as a waiver in any subsequent instance.

15. Entire Agreement

These Master Terms, together with the applicable Product Supplement(s) and the Master Privacy Policy, constitute the entire agreement between you and Ethmoide Inc. in relation to the Services and supersede all prior discussions, representations, or agreements.

16. Governing Law and Jurisdiction

These Master Terms are governed by and construed in accordance with the laws of Kenya. You irrevocably submit to the exclusive jurisdiction of the courts of Kenya for any dispute arising out of or in connection with these terms or the Services.

Where mandatory consumer protection laws in your jurisdiction confer rights that cannot be excluded by contract, those rights are not affected by this clause.

17. Product Supplements

Each Ethmoide Inc. product may have a Product Supplement that adds or modifies terms for that specific product. Current supplements:

• Ethmoide Healthcare Platform Supplement — Additional terms for healthcare providers using the Ethmoide clinical platform, including HIPAA obligations, clinical use limitations, and professional responsibility.

New supplements will be published on the Legal Hub when additional products are launched.

18. Contact Information

For any questions regarding these Master Terms, please contact: