Version 1.0 · Provider: ASAI (1029663-U)
These Terms of Service ("Terms") are an agreement between ASAI (Registration No. 1029663-U) ("Provider") and the clinic, company or other entity that accepts them ("Customer"). They govern Customer's use of ASAI and all related tools, documentation and support (the "Services"). The individual accepting these Terms on Customer's behalf represents that they are authorised to bind Customer.
1. Services. Subject to these Terms, Provider grants Customer a non-exclusive, non-transferable right to access and use the Services for Customer's internal clinical and operational purposes during the Term. Provider may modify the Services from time to time and will give at least 30 days' notice before removing a material feature.
2. Fees. The Services are currently provided without charge. Provider may introduce or change fees for the Services by giving Customer at least 30 days' notice. If Customer does not accept the new fees, Customer may terminate these Terms before they take effect; continued use of the Services after that date constitutes acceptance. Whether or not fees apply, Customer grants Provider the rights set out in the Data Licence (Part C) in consideration of access to the Services, and acceptance of Part C is a condition of that access.
3. Accounts. Customer is responsible for its authorised users ("Users"), their access rights and all activity under Customer's account. Customer will keep credentials confidential and notify Provider promptly of any suspected unauthorised access.
4. Customer Data. As between the parties, Customer retains ownership of the data that Customer and its Users submit to the Services ("Customer Data"). Customer grants Provider a worldwide, royalty-free licence to host, store, reproduce, analyse (including by automated systems and algorithms), modify and create derivative works from Customer Data for the purposes of operating, improving and developing the Services and new products and services. Provider will exercise this licence in accordance with the Data Processing Addendum (Part B) and the Data Licence (Part C). Customer represents that it has all rights necessary to grant this licence.
5. Customer Obligations. Customer will: (a) ensure it has a lawful basis for collecting and submitting Customer Data; (b) present the patient consent in Part D to each patient at registration and record the response accurately; and (c) use the Services in compliance with applicable law. Customer will not, and will not permit any person to, reverse engineer, resell, sublicense or interfere with the Services.
6. AI Features. Certain features use artificial intelligence to generate outputs, including document extraction, summaries and suggestions ("Outputs"). Outputs may be inaccurate. Customer is responsible for reviewing Outputs before relying on them. Outputs are not medical advice, and all clinical decisions remain the responsibility of Customer and its healthcare professionals.
7. Availability. Provider will use reasonable efforts to keep the Services available and will maintain daily backups. Provider does not warrant that the Services will be uninterrupted or error-free.
8. Term and Termination. These Terms take effect on acceptance and continue until terminated (the "Term"). Customer may terminate at any time on written notice. Provider may terminate on 60 days' written notice, or immediately if Customer materially breaches these Terms. On termination, Customer's access ends and Part B, Section 10 applies to Customer Data. Part C and Sections 9 to 12 survive termination.
9. Disclaimer. Except as expressly stated in these Terms, the Services are provided "as is", and Provider disclaims all warranties, express or implied, to the extent permitted by law.
10. Limitation of Liability. To the maximum extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue or goodwill, arising out of or relating to these Terms or the Services; and (b) Provider's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (i) RM1,000 and (ii) the fees paid by Customer for the Services in the 12 months preceding the event giving rise to the claim. This Section does not limit liability for gross negligence or wilful misconduct, or any liability that cannot be limited under applicable law.
11. Amendments. Provider may amend these Terms by giving Customer at least 30 days' notice of any material change. Customer's continued use of the Services after that period constitutes acceptance of the amended Terms.
12. Governing Law. These Terms are governed by the laws of Malaysia. The courts of Kota Bharu have exclusive jurisdiction.
1. Licence. Customer grants Provider a perpetual, irrevocable, worldwide, royalty-free and transferable licence to create De-identified Data from Customer Data and to use, reproduce, analyse, commercialise and create derivative works from De-identified Data for any purpose, including improving the Services and dialysis care, research, benchmarking, and building and selling predictive models and other products. This licence survives termination of the Terms.
2. De-identified Data. "De-identified Data" means data derived from Customer Data from which no individual can reasonably be identified. At a minimum, Provider will: (a) remove names, identity card and passport numbers, addresses, telephone numbers and images; (b) replace patient identifiers with random codes; (c) shift or generalise dates; and (d) not publish results relating to fewer than 10 patients. Provider will not attempt to re-identify any individual and will contractually prohibit any recipient of De-identified Data from doing so.
3. Consenting Patients. Where a patient has given the consent in Part D and has not withdrawn it, Provider may, as a data controller, process that patient's identifiable Customer Data for the purposes stated in that consent. Provider will not process the identifiable data of patients who have declined, have not been asked or have withdrawn consent, other than as a data processor under Part B.
4. Ownership. As between the parties, Provider owns all De-identified Data and all models, analyses, insights and products derived from it. Nothing in this Part transfers ownership of Customer Data.
5. Restrictions. Provider will not: (a) sell identifiable patient data; (b) publicly identify Customer as the source of any data without Customer's prior written consent; or (c) use Customer Data to market to Customer's patients.
Asked at registration, on the form patients already sign and in the Service. Never pre-ticked. Treatment does not depend on the answer.
Bahasa Melayu
☐ Saya bersetuju data rawatan saya digunakan oleh [nama pusat] dan penyedia sistemnya, ASAI, untuk meningkatkan penjagaan dialisis, termasuk kajian, analisis dan ramalan. Saya faham rawatan saya tidak bergantung pada persetujuan ini, dan saya boleh menarik balik persetujuan pada bila-bila masa.
English
☐ I agree that my treatment data may be used by [centre name] and its system provider, ASAI, to improve dialysis care, including research, analysis and prediction. I understand my treatment does not depend on this, and I may withdraw at any time.
Recorded in the Service for each answer: yes or no · given by the patient or a guardian (name and relationship) · how (signed form or verbally in front of staff) · the staff member who recorded it · date and time · the wording version. Withdrawals are recorded the same way.
The Data Processing Addendum (Part B) is here.