StrideNotes Terms of Service

1. Introduction and Acceptance

1.1.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("the User", "you") and Flag Finder (Pty) Ltd (Registration No. 2021/352330/07), a private company duly incorporated in terms of the Companies Act 71 of 2008 of the Republic of South Africa, with its registered address at 33 Monument Street, Wittedrift, 6603, South Africa ("Flag Finder", "we", "us", "our"), being the owner and operator of the StrideNotes application and associated services ("StrideNotes", "the Service").

1.2.

By registering for, accessing, or using StrideNotes, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Service.

1.3.

These Terms are concluded electronically in accordance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). Your electronic acceptance of these Terms has the same legal force as a handwritten signature.

1.4.

If you are accepting these Terms on behalf of a veterinary physiotherapy practice, clinic, or other juristic entity, you warrant that you have the authority to bind that entity, and references to "the User" shall include that entity.

2. Definitions

In these Terms, unless the context indicates otherwise:

2.1.

"Client" means an owner or authorised custodian of an animal Patient whose details are recorded in StrideNotes by the User;

2.2.

"Client Data" means all data, documents, records, clinical notes (including SOAP notes, initial assessments, and veterinary reports), personal information, and other content uploaded to, created within, or transmitted through StrideNotes by or on behalf of the User;

2.3.

"Patient" means an animal receiving veterinary physiotherapy care recorded in StrideNotes;

2.4.

"SAVC" means the South African Veterinary Council established in terms of the Veterinary and Para-Veterinary Professions Act 19 of 1982;

2.5.

"POPIA" means the Protection of Personal Information Act 4 of 2013;

2.6.

"Subscription" means a paid, recurring month-to-month subscription to StrideNotes based on the package selected by the User;

2.7.

"Trial" means the initial free evaluation period granted upon first registration for the Service.

3. Eligibility and Permitted Users

3.1.

StrideNotes is a specialised practice management tool intended exclusively for:

1. veterinary physiotherapists registered with the SAVC;
2. students enrolled in a recognised veterinary physiotherapy training programme; and
3. designated administrative staff of a registered veterinary physiotherapy practice, acting under the supervision and authority of an SAVC-registered veterinary physiotherapist.

3.2.

By registering, you warrant that you fall within one of the categories in clause 3.1 and that all registration information you provide is true, accurate, current, and complete. You must keep this information updated for the duration of your use of the Service.

3.3.

We reserve the right to request proof of SAVC registration, student enrolment, or practice affiliation at any time, and to suspend or terminate access where such proof is not provided within a reasonable period or is found to be false or misleading.

3.4.

You must be at least 18 years of age to accept these Terms and use the Service.

3.5.

Your account is personal to you (or to your practice, where a practice account is provided). You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@stridenotes.com of any suspected unauthorised access.

4. Beta Status of the Service

4.1.

StrideNotes is currently provided as a Beta release. This means the Service is still under active development and testing, and may contain errors, defects, incomplete features, or instabilities.

4.2.

Without limiting clause 10 (Data Loss and Backups) and clause 13 (Limitation of Liability), you acknowledge and accept that during the Beta period:

1. features may be added, modified, or removed without prior notice;
2. there is an elevated risk of data loss, corruption, or unavailability;
3. the Service may be interrupted, suspended, or taken offline for maintenance or development purposes; and
4. you should exercise extra care and maintain independent, off-site backups of all Client Data and practice records entered into StrideNotes.

4.3.

You agree that your use of the Beta Service is at your own risk and that the Beta nature of the Service is a material factor in the pricing and terms on which it is offered.

5. Trial and Subscription

5.1. Trial.

Upon first registration, you will receive access to StrideNotes on a Trial basis for the period communicated to you at sign-up. The Trial is intended for genuine evaluation of the Service and is limited to one Trial per User or practice, unless we agree otherwise in writing.

5.2. Conversion to Subscription.

Upon expiry of the Trial, your continued use of the Service is subject to a paid month-to-month Subscription based on the package you have selected. Where required by applicable law, we will notify you before any billing commences.

5.3. Packages.

The features, usage limits, and pricing applicable to your Subscription are those of the package you select, as published within the Service or on our website at the time of selection. We may introduce, modify, or discontinue packages from time to time.

5.4. Billing.

Subscription fees are billed monthly in advance in South African Rand (ZAR), unless otherwise stated. You authorise us (or our third-party payment processor) to charge your selected payment method on a recurring monthly basis until your Subscription is cancelled.

5.5. Price Changes.

We may adjust Subscription fees from time to time. We will give you at least 30 (thirty) calendar days' written notice of any fee increase, and the new fee will apply from your next billing cycle after the notice period. If you do not accept a fee change, you may cancel your Subscription before it takes effect.

5.6. Cancellation.

You may cancel your Subscription at any time via the Service or by written notice to support@stridenotes.com. Cancellation takes effect at the end of the then-current billing month. Except where required by law (including the Consumer Protection Act 68 of 2008, where applicable), fees already paid are non-refundable.

5.7. Non-Payment.

If any Subscription fee is unpaid when due, we may suspend your access to the Service after reasonable notice. Where an account remains unpaid or inactive following suspension, we may terminate it in accordance with clause 12, subject to the data retrieval provisions of clause 12.4.

6. User Responsibility for Client Data

6.1.

You are solely responsible for all Client Data you upload to, create within, or transmit through StrideNotes.

6.2.

You warrant that, in respect of all Client Data:

1. you are lawfully authorised to collect, hold, process, and upload such data on behalf of the relevant Client, whether by consent, contract, professional mandate, or other lawful basis under POPIA;
2. the data does not infringe the rights of any third party, including privacy, confidentiality, and intellectual property rights;
3. the data is not unlawful, defamatory, or fraudulent; and
4. you have obtained all consents and provided all notifications required under POPIA and any applicable professional rules before uploading personal information of Clients or other data subjects.

6.3.

For the purposes of POPIA, you (or your practice) are the "responsible party" in respect of Client Data, and Flag Finder acts as an "operator" processing Client Data on your behalf and on your instructions, as further described in the Privacy Policy. Nothing in these Terms transfers your responsibilities as responsible party to us.

6.4.

You remain responsible for compliance with all professional record-keeping obligations applicable to you, including any SAVC rules regarding the creation, retention, and confidentiality of clinical records. StrideNotes is a tool to assist you; it does not discharge your professional obligations.

7. Permitted Use: Veterinary Physiotherapy Only

7.1.

StrideNotes is designed and licensed solely for veterinary physiotherapy practice management, being the management of animal Patients, their Clients, and related clinical documentation.

7.2.

Use of StrideNotes to create, store, or manage human clinical notes, human patient records, or human healthcare documents of any kind is strictly prohibited. The Service is not designed for, and must not be used in connection with, human healthcare, and such use may expose you to regulatory liability under laws governing human health records.

7.3.

You must not use the Service:

1. for any unlawful purpose or in violation of any applicable law or professional rule;
2. to store or transmit malicious code, or to attempt to gain unauthorised access to the Service or its underlying systems;
3. to resell, sublicense, or make the Service available to any third party who is not a Permitted User under clause 3;
4. to copy, reverse engineer, decompile, or create derivative works of the Service, except as permitted by law; or
5. in a manner that places unreasonable load on, or interferes with the integrity or performance of, the Service.

8. Emailing of Client Documents

8.1.

StrideNotes allows you to email Client documents (including consent forms, reports, and clinical documents) directly from the Service.

8.2.

It is your sole responsibility to ensure that any document emailed via StrideNotes is sent only to recipients who are authorised to receive and view that document. This includes verifying the accuracy of recipient email addresses and confirming the recipient's entitlement to the information before sending.

8.3.

Flag Finder is not responsible for any disclosure of Client Data arising from documents sent to incorrect, unintended, or unauthorised recipients through your use of the email functionality.

8.4. Email System Abuse.

You must not use the StrideNotes email or notification system to send unsolicited bulk communications ("spam"), marketing messages to persons who have not consented, phishing or deceptive messages, or any communication unrelated to the legitimate operation of your veterinary physiotherapy practice. If we suspect, in our reasonable discretion, that you are abusing the email or notification system, we reserve the right to suspend or terminate your access to the Service in accordance with clause 12, in addition to any other remedies available to us.

9. Privacy and Data Protection

9.1.

Our collection and processing of personal information — including your account information and Client Data — is governed by the StrideNotes Privacy Policy, which forms part of these Terms. You should read the Privacy Policy carefully.

9.2.

We process Client Data as an operator on your documented instructions, implement reasonable technical and organisational security measures as contemplated by section 19 of POPIA, and will notify you of any data breach affecting Client Data as required by POPIA and as described in the Privacy Policy.

9.3.

In the event of any conflict between these Terms and the Privacy Policy regarding the processing of personal information, the Privacy Policy shall prevail to the extent of the conflict.

10. Data Loss, Backups, and Data Retrieval

10.1.

While we take every reasonable care to maintain and safeguard data stored within StrideNotes, Flag Finder does not guarantee against, and is not responsible for, any loss, corruption, or unavailability of data, whether arising from technical failure, third-party service failure, cyber incident, force majeure, or otherwise, except to the extent such liability cannot be excluded under applicable law.

10.2.

You are strongly advised to maintain regular, independent, off-site backups of all Client Data and practice records entered into StrideNotes. This is especially important while the Service is in Beta (clause 4).

10.3.

Where the Service provides export functionality, you are encouraged to make use of it regularly. Upon termination of your account, clause 12.4 governs data retrieval.

11. Intellectual Property

11.1.

All intellectual property rights in and to StrideNotes — including its software, design, branding, trade marks, and documentation — vest in and remain the exclusive property of Flag Finder (Pty) Ltd or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for the purposes described herein, for the duration of your Trial or Subscription.

11.2.

You retain all rights in and to your Client Data. You grant Flag Finder a limited licence to host, store, process, transmit, and display Client Data solely as necessary to provide the Service to you, to comply with law, and as otherwise described in the Privacy Policy.

11.3.

If you provide feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, royalty-free right to use such feedback to improve the Service, without any obligation to you.

12. Suspension and Termination

12.1. Termination by You.

You may terminate your account at any time in accordance with clause 5.6.

12.2. Termination or Suspension by Us.

We may suspend or terminate your access to the Service, with written notice to your registered email address, if:

1. you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 7 (seven) calendar days of written notice;
2. we reasonably suspect abuse of the email or notification system (clause 8.4);
3. you use the Service for human clinical records or otherwise outside its permitted purpose (clause 7);
4. you cease to be a Permitted User under clause 3 (including loss or lapse of SAVC registration);
5. the SAVC notifies us of a breach by you of the SAVC's codes, rules, or ethical standards of a nature that may result in the suspension or removal of your veterinary physiotherapy registration, in which case we reserve the right to terminate your Service;
6. your Subscription fees remain unpaid after notice under clause 5.7;
7. we are required to do so by law or by order of a competent authority; or
8. we discontinue the Service or the Beta programme, in which case we will give you at least 30 (thirty) calendar days' notice where reasonably possible.

12.3.

Suspension or termination under clause 12.2 does not limit any other rights or remedies available to us, and no refund of prepaid fees shall be due except where required by applicable law.

12.4. Data Retrieval on Termination.

For a period of 30 (thirty) calendar days after termination (except termination for serious breach involving unlawful conduct), we will, on written request, make reasonable efforts to allow you to export your Client Data in a commonly used format. After this period, we may delete or anonymise Client Data in accordance with the Privacy Policy and applicable law, save for data we are required to retain by law.

12.5.

Clauses which by their nature are intended to survive termination — including clauses 6, 8.3, 10, 11, 13, 14, 16, and 17 — shall survive.

13. Disclaimers and Limitation of Liability

13.1.

To the maximum extent permitted by law, and subject to clause 13.5, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, uninterrupted availability, or error-free operation. This applies with particular force while the Service is in Beta.

13.2.

StrideNotes is a practice management and documentation tool. It does not provide veterinary, physiotherapeutic, clinical, or professional advice, and nothing in the Service constitutes such advice. All clinical decisions remain your sole professional responsibility.

13.3.

To the maximum extent permitted by law, Flag Finder shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or loss of data, arising out of or in connection with the Service, even if advised of the possibility of such damages.

13.4.

To the maximum extent permitted by law, Flag Finder's total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, delict (including negligence), or otherwise, shall not exceed the total Subscription fees actually paid by you to Flag Finder in the 6 (six) months immediately preceding the event giving rise to the claim, or ZAR 1,000.00 (one thousand Rand), whichever is greater.

13.5.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability arising from gross negligence or wilful misconduct, or any consumer rights under the Consumer Protection Act 68 of 2008 to the extent that Act applies to you and cannot be contracted out of.

14. Indemnity

14.1.

You indemnify and hold harmless Flag Finder, its directors, employees, and agents against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal costs on an attorney-and-client scale) arising out of or in connection with:

1. your breach of these Terms;
2. Client Data you upload, create, or transmit through the Service, including any claim that such data was collected, processed, or disclosed without proper authorisation;
3. documents emailed via the Service to unauthorised or unintended recipients as contemplated in clause 8;
4. your use of the Service in breach of clause 7 (including any use for human clinical records); and
5. any breach by you of POPIA, SAVC rules, or other applicable laws or professional obligations.

15. Changes to the Service and to these Terms

15.1.

We may update, modify, or discontinue features of the Service from time to time, particularly during the Beta period.

15.2.

We may amend these Terms from time to time. Material amendments will be notified to you by email to your registered address and/or by prominent notice within the Service at least 14 (fourteen) calendar days before taking effect, unless a shorter period is required for legal or security reasons. Your continued use of the Service after the effective date of amended Terms constitutes acceptance of them. If you do not accept the amended Terms, you must stop using the Service and may cancel your Subscription under clause 5.6.

16. Governing Law, Jurisdiction, and Disputes

16.1.

These Terms, and any dispute arising out of or in connection with them or the Service, are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict-of-law principles.

16.2.

Subject to clause 16.3, the parties consent to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, provided that either party may institute proceedings in the Magistrates' Court where that court has jurisdiction, and you consent to the jurisdiction of the Magistrates' Court in terms of section 45 of the Magistrates' Courts Act 32 of 1944 notwithstanding that the claim may exceed that court's ordinary monetary jurisdiction.

16.3.

Before instituting legal proceedings (other than urgent relief), the parties shall first attempt in good faith to resolve any dispute by negotiation within 30 (thirty) calendar days of written notice of the dispute. Nothing in this clause limits any right you may have to lodge a complaint with the Information Regulator (in respect of POPIA matters) or any other competent authority.

17. International Use and Future Expansion

17.1.

StrideNotes is currently operated from, and directed at users in, the Republic of South Africa. If you access the Service from outside South Africa, you do so on your own initiative and are responsible for compliance with local laws, including local veterinary professional rules and data protection laws.

17.2.

As the Service expands to other territories, we may publish region-specific terms, addenda, or eligibility requirements (for example, recognising equivalent veterinary physiotherapy regulatory bodies in other jurisdictions). Where region-specific terms apply to you, they will prevail over these Terms to the extent of any conflict.

17.3.

References in these Terms to the SAVC shall, where the context requires in respect of users outside South Africa, be read as references to the equivalent veterinary regulatory body recognised by us in the relevant jurisdiction.

18. General

18.1. Notices.

Legal notices to Flag Finder must be sent to 33 Monument Street, Wittedrift, 6603, South Africa, or by email to support@stridenotes.com, which address the parties choose as Flag Finder's domicilium citandi et executandi. Notices to you will be sent to the email address registered on your account and are deemed received within 48 (forty-eight) hours of sending, absent evidence to the contrary.

18.2. ECTA Disclosures.

In compliance with section 43 of ECTA: Full name: Flag Finder (Pty) Ltd; Registration number: 2021/352330/07; Physical address: 33 Monument Street, Wittedrift, 6603, South Africa; Website: https://stridenotes.co.za (application hosted at https://app.stridenotes.co.za); Email: support@stridenotes.com; Names of office bearers (directors): Daniel Ponelat and Joshua Ponelat.

18.3. Assignment.

You may not cede, assign, or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in title to the StrideNotes business on notice to you.

18.4. Severability.

If any provision of these Terms is held to be invalid or unenforceable, it shall be severed, and the remaining provisions shall continue in full force.

18.5. No Waiver.

No failure or delay by either party to enforce any provision of these Terms constitutes a waiver of that provision or any other provision.

18.6. Entire Agreement.

These Terms, together with the Privacy Policy and any package-specific terms presented at sign-up, constitute the entire agreement between you and Flag Finder in respect of the Service and supersede all prior representations, whether oral or written, except that nothing excludes liability for fraudulent misrepresentation.

18.7. Force Majeure.

Neither party is liable for failure to perform (other than payment obligations) caused by events beyond its reasonable control, including power or network failures, acts of God, government action, or third-party infrastructure failures.

By clicking "I Agree", creating an account, or continuing to use StrideNotes after notice of these Terms, you confirm your acceptance of these Terms of Service.

Flag Finder (Pty) Ltd — Registration No. 2021/352330/07 — 33 Monument Street, Wittedrift, 6603, South Africa