Terms of Service

Last Updated: August 3, 2026

Welcome to FlowingCare (flowingcare.com). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between MINERVA AI TECHNOLOGY (Registration No.: JM0908847-U) ("Company," "we," "us," or "our") and the subscribing entity, healthcare clinic, practice, or individual user ("Subscriber," "Clinic," "you," or "your") accessing or using the FlowingCare platform and associated services (collectively, the "Platform" or "Service").

By registering for an account, subscribing to a paid plan, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

1. Nature of Service & Scope

Operational Messaging Utility: FlowingCare is a cloud-based Software-as-a-Service (SaaS) utility designed strictly to assist clinics in managing patient follow-up schedules, tracking recall dates, and facilitating one-click WhatsApp message routing.
Not an Electronic Medical Record (EMR) System: FlowingCare is NOT an Electronic Medical Record (EMR), Electronic Health Record (EHR), clinical diagnostic system, or medical billing system. It is limited to minimal operational data required for follow-up notifications.
No Medical Advice: The Company does not provide medical advice, diagnosis, treatment, or clinical recommendations. All medical decisions, patient care, recall schedules, and messaging contents are solely the responsibility of the Subscriber.

2. Account Registration & Security

Eligibility: You represent and warrant that you are a registered medical practitioner, dental practitioner, clinic owner, or authorized representative of a licensed healthcare facility in Malaysia or your operating jurisdiction.
Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials (usernames and passwords) and for restricting access to authorized staff members only.
Unauthorized Access: You agree to notify us immediately at support@flowingcare.com upon discovering any breach of security or unauthorized use of your account. The Company shall not be liable for any loss or damage arising from your failure to protect your authentication credentials.

3. Subscriber Responsibilities & PDPA Compliance

Data Controller Responsibility: Under the Malaysian Personal Data Protection Act 2010 (PDPA) and applicable privacy laws, the Subscriber acts as the Data Controller for all patient personal data entered into the Platform.
Patient Consent: You explicitly warrant and represent that you have obtained all necessary, valid, and legally binding consents from your patients prior to entering their names, phone numbers, or recall details into FlowingCare.
Accuracy of Data: The Subscriber is solely responsible for verifying the accuracy of patient telephone numbers, names, and recall dates entered into the Platform.
Acceptable Message Content: You agree that any custom messages, reminders, or communications generated via or routed through the Platform:
- Do not violate patient confidentiality or medical privacy.
- Do not contain defamatory, obscene, offensive, misleading, or illegal content.
- Comply with applicable advertising and healthcare regulations in Malaysia (including Ministry of Health guidelines).

4. WhatsApp & Third-Party Platform Disclaimer

Third-Party Messaging Channels: FlowingCare facilitates message routing by generating deep-links (wa.me links) to launch the WhatsApp application on the Subscriber's device. FlowingCare is not affiliated with, endorsed by, or sponsored by WhatsApp LLC or Meta Platforms, Inc.
Compliance with WhatsApp Terms: The Subscriber is solely responsible for ensuring that its use of WhatsApp for patient communications complies with Meta/WhatsApp's Terms of Service and Business Policies.
Account Suspension Risk: The Company shall NOT be held liable if WhatsApp, Meta, or any telecommunication provider restricts, suspends, or bans the Subscriber's WhatsApp business account or phone number as a result of messaging practices, spam complaints, or policy violations initiated by the Subscriber.

5. Subscription, Billing & Refunds

Subscription Plans: FlowingCare is offered on recurring subscription terms (e.g., Monthly or Annual plans) as published on flowingcare.com or negotiated via valid Promo Codes.
Payment Processing: Payments are processed securely via third-party payment gateways (e.g., Stripe, FPX). By subscribing, you authorize the Company to charge your registered payment method on a recurring basis until cancellation.
Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date.
Refund Policy:
- 14-Day Money-Back Buffer: First-time subscribers are entitled to request a full refund within fourteen (14) calendar days of their initial subscription purchase by emailing support@flowingcare.com.
- Post-Buffer Period: After the 14-day buffer period has elapsed, all subscription payments (monthly or annual) are strictly non-refundable, and no pro-rated refunds will be issued for unused portions of a billing cycle.
Fee Adjustments: The Company reserves the right to modify subscription fees upon thirty (30) days' advance notice published on the Platform or communicated via email. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

6. Intellectual Property Rights

Ownership: MINERVA AI TECHNOLOGY retains all rights, title, and interest (including all copyright, trademark, trade secret, and other intellectual property rights) in and to the FlowingCare Platform, database design, software code, user interface, graphics, and documentation.
Limited License: Subject to compliance with these Terms and active subscription payment, the Company grants the Subscriber a non-exclusive, non-transferable, revocable, limited license to access and use the Platform solely for internal clinic operational purposes.
Restrictions: The Subscriber shall not:
- Copy, modify, reverse engineer, decompile, or disassemble the Platform.
- Rent, lease, resell, sublicense, or distribute access to the Platform to third parties.
- Attempt to bypass security mechanisms or probe system vulnerabilities.

7. Service Availability, Maintenance & Disclaimers

"AS IS" & "AS AVAILABLE" Basis: The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. While we leverage high-availability serverless cloud infrastructure (such as Cloudflare), the Company does not guarantee uninterrupted, error-free, or 100% uptime service.
Scheduled Maintenance: The Company reserves the right to perform routine system maintenance, updates, or emergency hotfixes, which may temporarily interrupt access.
No Turnout Guarantee: FlowingCare is a communication tool. The Company makes no representations or warranties regarding patient response rates, appointment attendance, clinic revenue growth, or patient retention outcomes.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY MALAYSIAN LAW:

MINERVA AI TECHNOLOGY, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF CLINIC PROFITS, PATIENT REVENUE, DATA LOSS, MEDICAL MISCOMMUNICATION, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MINERVA AI TECHNOLOGY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY THE SUBSCRIBER TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

9. Indemnification

The Subscriber agrees to defend, indemnify, and hold harmless MINERVA AI TECHNOLOGY, its officers, directors, employees, and agents from and against any third-party claims, liabilities, losses, damages, expenses, or legal fees (including legal fees on a solicitor-client basis) arising out of or related to:

The Subscriber's breach of these Terms or the Privacy Policy.
Patient data entered into the Platform without valid PDPA consent.
Any medical malpractice, diagnostic error, missed treatment, or dispute between the Subscriber and its patients.
Any violation of third-party messaging policies (such as WhatsApp terms) or advertising regulations by the Subscriber.

10. Termination & Data Purging

Termination by Subscriber: You may cancel your subscription at any time through your account settings on flowingcare.com or by contacting support@flowingcare.com.
Termination by Company: We reserve the right to suspend or terminate your account immediately without prior notice if you breach these Terms, fail to pay subscription fees, or engage in fraudulent/unlawful activities.
Post-Termination Data Grace Period: Upon account cancellation or expiration, patient recall data will be accessible in a read-only state or preserved for a grace period of thirty (30) calendar days, after which all associated patient recall records will be permanently purged from our primary database servers.

11. Governing Law & Jurisdiction

These Terms shall be governed by, construed, and enforced in accordance with the laws of Malaysia. Any dispute, legal action, or proceeding arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

12. Amendments to Terms

The Company reserves the right to modify or update these Terms at any time. Updated versions will be posted on flowingcare.com/terms with a revised "Last Updated" date. Material changes will be communicated via email or an in-platform announcement. Continued use of the Service after changes take effect constitutes binding acceptance of the revised Terms.

13. Contact Information

For questions, technical support, or inquiries regarding these Terms of Service, please contact:

MINERVA AI TECHNOLOGY (Registration No.: JM0908847-U)
Operating Platform: FlowingCare (flowingcare.com)
Email: support@flowingcare.com
Location: Malaysia