Terms of Service

1. Parties & scope

These Terms of Service ("Terms") govern your use of the Ema Health software-as-a-service platform and the marketing website at ema.health (together, the "Service"). The Service is operated by Emaq d.o.o. Sarajevo, registered at Dr. Fetaha Bećirbegovića 8E, 71000 Sarajevo, Bosnia & Herzegovina ("Emaq", "we", "us"). By creating an account, purchasing a subscription, or otherwise using the Service, you ("Customer", "you") agree to these Terms.

2. The Service

Ema Health is administrative software for healthcare practices — appointment scheduling, treatment records, invoicing, online intake, and a patient-facing mobile application. The Service is intended for use by healthcare providers and their staff. It is not a medical device, does not provide medical advice, does not diagnose, and does not replace clinical judgement. Clinical decisions remain the responsibility of the practitioner.

3. Reseller & billing — Paddle

Online subscriptions to Ema Health are sold and billed by Paddle.com Market Limited ("Paddle"), an Irish company that acts as the Merchant of Record (MoR) and authorised reseller of our software. Paddle is the seller of record for your purchase, issues your tax invoice, and is responsible for handling payments, applicable taxes (VAT, sales tax), and chargebacks. Paddle's Checkout Buyer Terms apply to the purchase transaction itself.

These Terms — between you and Emaq — govern your use of the Service. Where the two documents address the same subject (e.g., refunds, billing disputes), Paddle's Checkout Buyer Terms govern the commercial transaction and these Terms govern the service relationship.

4. Subscriptions, renewal & cancellation

• Plans & pricing are published on our pricing page. Prices are exclusive of VAT/sales tax unless otherwise stated; the applicable tax is calculated by Paddle at checkout based on your country.
• Auto-renewal: subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price, unless cancelled at least one (1) day before the renewal date. We will email you a renewal reminder for annual plans at least 14 days before renewal.
• Price changes: we may change prices for future renewal periods on at least 30 days' written notice. Continuing to use the Service after the change takes effect constitutes acceptance.
• Cancellation: you may cancel at any time from your account settings or by contacting billing@emaq.ba. Cancellation stops future renewals and takes effect at the end of the current billing period.
• Refunds are governed by our Refund Policy, which incorporates the EU/UK 14-day right of withdrawal where applicable.

5. Customer data & data protection

For data about your clinic and clinic users (account credentials, billing contact, support correspondence), Emaq is the controller. For patient data entered into Ema Health by your staff, you are the controller and Emaq acts as the processor on your behalf under a Data Processing Agreement (DPA) signed at onboarding. Patient data is processed solely on your documented instructions and is never used for advertising, model training, or any purpose beyond delivering the Service.

Full details — sub-processors, retention, security measures, breach notification — are set out in our Privacy Policy and the DPA.

6. Acceptable use

You agree not to (a) use the Service for any unlawful purpose or in violation of professional regulations applicable to your practice; (b) attempt to access, probe, or disrupt the Service's security, infrastructure, or other customers' data; (c) reverse-engineer, decompile, or copy the software; (d) resell or sub-license access without our written permission; or (e) upload malware, illegal content, or content that infringes third-party rights. We may suspend access without notice to address an active threat to security or other customers.

7. Intellectual property

The Service, the underlying software, the Ema Health name and logo, and all associated trademarks remain the exclusive property of Emaq d.o.o. and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for the duration of your subscription, solely for your internal business purposes. You retain all rights in the data you and your patients submit to the Service ("Customer Data").

8. Service availability & support

We make commercially reasonable efforts to keep the Service available 24/7 and target an uptime of 99.5% measured monthly, excluding scheduled maintenance announced in advance and events outside our reasonable control. Support is available by email at support@emaq.ba during business hours (Mon–Fri 09:00–17:00 CET). Specific SLAs may apply under an enterprise agreement.

9. Warranties & limitation of liability

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits liability that cannot be limited under applicable law (including for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded).

Subject to the foregoing, our aggregate liability arising out of or in connection with these Terms — whether in contract, tort, or otherwise — is capped at the fees you have paid to Paddle for the Service in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages, lost profits, or lost data, except where required by law.

10. Term, termination & data export

These Terms apply for as long as you have an active subscription. Either party may terminate for material breach not cured within thirty (30) days of written notice. We may suspend or terminate immediately for non-payment, for activity that threatens the Service or other customers, or where required by law.

On termination you may export your Customer Data within 30 days using the in-app export tools. After this window we delete Customer Data within 90 days; backups age out within the rolling 30-day backup window. Sections concerning fees due, intellectual property, liability, and governing law survive termination.

11. Governing law & disputes

These Terms are governed by the laws of Bosnia & Herzegovina, without regard to conflict-of-laws principles. The competent courts of Sarajevo have exclusive jurisdiction over disputes arising out of these Terms, subject to any mandatory consumer-protection rights you may have in your country of residence. Disputes relating to the purchase transaction with Paddle are governed by Paddle's Checkout Buyer Terms.

12. Changes & contact

We may update these Terms from time to time. If we make a material change we will notify you in-app or by email at least 30 days before it takes effect. The "Last updated" date above always reflects the most recent revision. Continuing to use the Service after the change takes effect constitutes acceptance.

For questions about these Terms or your agreement, contact us at info@emaq.ba.

See also

• Privacy Policy
• Refund Policy
• Sub-processors list