Eendesk - Terms of Use (eCHIS)

Controller/Processor

For data‑protection purposes (e.g., GDPR/UK GDPR/NDPA or analogous laws), the health program, facility, or organization that configures Eendesk is typically the Controller; Eendesk acts as a Processor/Service Provider.

HIPAA (if applicable)

Where U.S. HIPAA applies, Eendesk acts as a Business Associate for Services designated as HIPAA‑eligible and will execute a Business Associate Agreement (BAA).

DPA

We may provide a Data Processing Addendum ("DPA") addressing data‑processing details, subprocessors, transfers, and security. If there is a conflict, the DPA/BAA (as applicable) governs over these Terms.

Your Responsibilities

You are responsible for: (i) lawful basis/consent; (ii) providing required notices to data subjects; (iii) role‑based access management; (iv) device/endpoint security for your Authorized Users; (v) data accuracy and record‑keeping policies; and (vi) honoring data‑subject rights (access, deletion, etc.).

6.1 Platform Access

Subject to these Terms and applicable law, Eendesk grants you a non‑exclusive, non‑transferable, non‑sublicensable right to access and use the Platform solely to support your public‑health/clinical program operations (e.g., registration, encounter documentation, supervision, reporting), as configured by your organization.

6.2 Software License

If we provide any software (including mobile applications) (the "Software"), Eendesk grants you a personal, revocable, non‑exclusive, non‑transferable license to use the Software solely for your internal use with the Platform and only in accordance with these Terms and our written instructions (if any). The Software is part of the Platform.

6.3 Acceptable Use

You will not: (i) misuse the Platform or attempt to bypass technical or access controls; (ii) upload unlawful content or malware; (iii) attempt to re‑identify de‑identified data; (iv) use the Platform to provide emergency response; or (v) use automated scraping/crawling except as expressly authorized in writing.

Program Data

Patient/client, household, encounter, and related data you input ("Program Data") remains owned by you or your organization as applicable.

Use by Eendesk

We process Program Data to provide the Services; to secure, maintain, and improve the Platform; to comply with law; and as otherwise permitted by your DPA/BAA and Privacy Policy.

Analytics

We may use aggregated or de‑identified data for analytics, quality, safety, and product improvement. We will not attempt to re‑identify de‑identified data.

Confidentiality

We will protect Program Data as confidential and apply administrative, technical, and physical safeguards appropriate to the sensitivity of the data.

11.1 What We Collect

Depending on your configuration and permissions, the Platform may collect Location Data, including:

• Precise location (e.g., GPS/device sensors) when authorized by the user or device settings;
• Approximate location (e.g., IP address, Wi‑Fi/Bluetooth beacons, cell‑tower triangulation);
• Program identifiers (e.g., mapped households, facilities, geocoded service points, check‑in kiosks, badge/QR scans).

11.2 How We Use Location Data

To:

• Support workflows such as on‑site visit verification, household mapping, outreach routing, stock/site coverage, heatmaps, and supervisory checks;
• Improve security and fraud detection (e.g., unusual access flags);
• Provide analytics to you/your organization (e.g., visit density, catchment coverage); and
• Personalize in‑app context (e.g., nearest facility/supply point), as described in our Privacy Policy.

11.3 Your Choices & Controls

Users can manage permissions in device settings (precise vs. approximate; allow once; while using app; deny). Disabling Location Data may limit certain features. Program administrators can disable or restrict location‑based features in configuration.

11.4 Sharing & Retention

We may share Location Data with:

• Service providers acting on our behalf under contract;
• Your organization (Controller) consistent with your configuration and legal basis;
• Authorities where required by law or to protect rights/safety.

We retain Location Data only as long as necessary for the purposes above or as required by law. We may use aggregated or de‑identified location information for analytics and product improvement.

11.5 Accuracy & Limitations

Location signals can be imprecise or unavailable. Eendesk does not warrant the accuracy, completeness, or availability of Location Data and is not liable for decisions made in reliance on it.

11.6 Organizer/Controller Obligations

If you enable location‑based features, you are responsible for required notices/consents for your end users and for complying with local laws and community standards.

13.1 Site/Service Content

All materials available via the Platform-including software, documentation, interfaces, text, images, and audio/video ("Site Content")—are protected by intellectual‑property and other rights. Except as expressly authorized by Eendesk or permitted by the Platform's intended functionality, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display/perform, publish, adapt, edit, or create derivative works of Site Content.

13.2 User‑Generated Content

You retain ownership of content you upload ("UGC"), subject to rights necessary for us to operate the Services. You represent that you have all rights/permissions needed and that your UGC is lawful to host and process. We may remove UGC at our discretion.

13.3 Feedback

If you submit feedback, ideas, or suggestions, you grant Eendesk a non‑exclusive, worldwide, royalty‑free license to use them without restriction.

Governing Law; Venue

These Terms and your access/use are governed by the laws of Nigeria, without regard to conflicts of law. You agree to the exclusive jurisdiction and venue of the courts located in Abuja, Nigeria for disputes not subject to arbitration (if applicable).

Data Residency/Transfers

Cross‑border processing may occur subject to appropriate safeguards (e.g., Standard Contractual Clauses) as detailed in your DPA.

No Waiver

Our failure to enforce any provision is not a waiver.

Severability

If any provision is unenforceable, it will be enforced to the maximum extent possible; the remainder remains in full force.

Third‑Party Beneficiaries

These Terms benefit Eendesk and its directors, officers, employees, suppliers, licensors, affiliates, agents, and third‑party content providers, each of whom may enforce applicable provisions directly.

Entire Agreement

These Terms, together with any Order Form, DPA/BAA, and policies referenced herein, form the entire agreement regarding the Services.