Terms of Service

ClearBay provides real-time emergency healthcare logistics and coordination technology designed to solve the ambulance off-load bottleneck in metropolitan emergency departments. Core platform capabilities include:

• Emergency Bay Capacity Telemetry: Real-time visibility into receiving emergency department operational statuses (GREEN, AMBER, RED) and available resuscitation/trauma bays.
• Pre-Hospital Pre-Notification: Transmission of en-route clinical characteristics, patient triage acuity categories, and calculated ETAs from moving ambulances to receiving charge nurses.
• Turnaround & Off-Load Queue Management: Digital tracking of patient arrival timestamps, physical bay allocation, clinician handover sign-off, and automated off-load delay threshold alerting (>30 minutes).
• Fleet Telemetry & Diversion Awareness: Aggregated EMS dispatch oversight and geographic map visualization for optimized ambulance routing across Nairobi County.

Clinical decision-making, medical triage acuity grading, diagnosis, pharmacological intervention, and physical patient care remain the exclusive legal and professional responsibility of licensed healthcare practitioners:

• Paramedics, emergency medical technicians (EMTs), triage nurses, and medical officers must operate strictly within their individual scopes of clinical practice and regulatory licensure governed by the Kenya Medical Practitioners and Dentists Council (KMPDC), the Nursing Council of Kenya (NCK), or relevant national regulatory bodies.
• ClearBay telemetry, calculated ETAs, and queue metrics do not supersede physician clinical judgment or standard operating procedures established by hospital emergency departments and the Kenya Ministry of Health (MoH).
• Under no circumstances should clinical care, patient stabilization, or life-saving procedures be delayed or withheld on account of platform telemetry, network latency, or software interaction.

Access to ClearBay is restricted to authenticated, institutional accounts provisioned with specific Role-Based Access Controls (Admin, Hospital Admin, ED Nurse, Paramedic, EMS Dispatcher):

• Credential Confidentiality: Users are strictly prohibited from sharing login credentials, using shared communal accounts, or disclosing authentication credentials. All actions executed under an account are legally attributed to the assigned practitioner.
• Multi-Tenant Isolation: Users must not attempt to circumvent role boundaries, execute cross-facility database queries, intercept unassigned fleet telemetry, or inspect unauthorized patient pre-notifications.
• Temporary Password Rotation: Accounts created through administrative onboarding must update their initial default temporary password upon first login.
• Immediate Breach Notification: Users must immediately notify [email protected] upon suspecting credential theft, unauthorized access, or mobile terminal loss.

Participating emergency departments and EMS agencies commit to maintaining operational fidelity:

ClearBay is delivered as a high-availability cloud software service. However, operational deployment inherently depends on commercial telecommunications networks (e.g., Safaricom, Airtel Kenya), public Internet service providers, cellular data coverage, and satellite GPS constellation signals:

• “As-Is” & “As-Available”: ClearBay does not guarantee uninterrupted, latency-free, or zero-error service delivery during cellular network blackouts, satellite multipath interference, or telecommunications infrastructure disruptions.
• Emergency Fallback Protocol: In the event of network disconnection, telemetry outage, or software inaccessibility, emergency crews and hospital charge nurses MUST IMMEDIATELY REVERT TO STANDARD VHF/UHF EMERGENCY RADIO COMMUNICATIONS OR VOICE TELEPHONE HANDOVERS.
• Maintenance Windows: Planned platform updates are scheduled during off-peak hours with prior operational notification to partner dispatch centers.

All clinical data traversing ClearBay is classified as Protected Health Information and sensitive personal data:

• Statutory Secrecy: Users and Partners are strictly bound by the confidentiality obligations of Section 11 of the Kenya Health Act, 2017 and the Kenya Data Protection Act, 2019.
• Prohibition on Data Extraction: Exporting, screenshotting, scraping, photographing, or disseminating patient clinical pre-notifications, paramedic notes, or identifying queue logs outside authorized clinical handovers is strictly prohibited and constitutes a criminal violation of the DPA 2019.
• Auditability: ClearBay maintains cryptographically verified audit records of all patient data views and status modifications, which may be submitted to statutory health regulatory boards or the ODPC in investigating confidentiality breaches.

ClearBay Health Ltd retains all rights, title, and interest in and to the platform, including proprietary algorithms, queue optimization logic, database schemas, API architecture, visual interfaces, trademarks, and documentation:

• Limited License: Partners are granted a non-exclusive, non-transferable, revocable license to access and use the platform solely for healthcare coordination. Reverse engineering, decompilation, or unauthorized integration is forbidden.
• De-Identified Aggregate Analytics: ClearBay retains the right to compile, process, and publish fully de-identified, aggregated operational metrics (such as county-wide average offload wait times, bay turnaround curves, and hospital queue densities) for clinical research, public health policy, and system optimization.

To the maximum extent permitted under Kenyan and applicable international law:

• Exclusion of Consequential Damages: ClearBay, its directors, officers, employees, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of data, patient adverse clinical outcomes, traffic delays, or equipment downtime.
• Direct Liability Cap: ClearBay’s aggregate cumulative liability arising from or relating to this Agreement or platform use shall be strictly limited to the actual software fees paid by the Partner in the twelve (12) months preceding the claim.
• Partner Indemnification: Each Partner agrees to defend, indemnify, and hold harmless ClearBay from and against any third-party claims, liabilities, damages, or fines arising from the Partner’s clinical malpractice, fraudulent acuity inflation, credential misuse, or breach of patient confidentiality.