Terms of Use

1. Acceptance of Terms

By accessing or using Afya Rejeshi ("the Platform"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the Platform. These terms are governed by the laws of Kenya.

2. About the Platform

Afya Rejeshi is a digital mental health platform that connects clients with licensed mental health professionals through secure, confidential chat-based counseling. The Platform also provides mental health education resources and validated screening tools.

The Platform is not an emergency service. If you are experiencing a mental health emergency, contact emergency services or the Kenya Red Cross helpline at 1199.

3. Eligibility

• You must be at least 18 years of age to create an account independently.
• Persons under 18 may use the Platform only with verifiable parental or guardian consent, as required by the Kenya Data Protection Act, 2019 (Section 33).
• Accounts for minors (under 18) must be created by a parent or legal guardian through a Family Account. Minors cannot self-register.
• If you are accessing the Platform through an institution (employer, school, military unit), your institution must have an active agreement with Afya Rejeshi. For minors enrolled by institutions, parental consent is still required before any data is collected or services activated.

3A. Family Accounts

• A Family Account allows a parent or guardian ("Family Admin") to create and manage accounts for up to 6 family members.
• Family Admins are responsible for obtaining and maintaining valid consent for all minor members in the family group.
• Each family member receives their own private login. Session content between a family member and their practitioner is confidential, even from the Family Admin.
• For minor members, the Family Admin can view engagement metrics (e.g., session attendance) and practitioner-authored care summaries. The Admin cannot access chat messages, session notes, or screening scores.
• Adult family members (18+) invited to a Family Account retain full autonomy over their clinical data. The Family Admin sees only that they are active members.
• A minor's account automatically transitions to a full adult account on their 18th birthday. Guardian oversight is removed, and the now-adult user gains full control.

4. Account Registration and Security

• You must provide accurate and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately of any unauthorized use of your account.
• One account per person. Do not share your account with others or create multiple accounts.

5. User Roles and Responsibilities

5.1 Clients

• You agree to provide truthful information about your health and personal circumstances.
• You understand that the Platform facilitates mental health support but does not replace in-person emergency care.
• You agree to the Privacy Policy and consent to the processing of your health data as described therein.

5.2 Mental Health Providers

• You must hold a valid license from the Counselling Psychologists Board (CPB) or the Kenya Medical Practitioners and Dentists Council (KMPDC).
• You are responsible for the clinical accuracy and appropriateness of the care you provide through the Platform.
• You must maintain session notes in accordance with professional and legal standards.
• You must comply with the Mental Health Act, 2022 and the Health Act, 2017 in all professional activities on the Platform.
• Prescription of medication is restricted to psychiatrists and medical doctors only.

5.3 Community Health Volunteers (CHVs)

• You must complete the required training before accessing CHV features.
• You must operate within your defined scope of practice and escalate cases that require professional clinical attention.

5.4 Organizations

• You must have the authority to act on behalf of your organization.
• You are responsible for the enrollment links you generate and the users enrolled through them.
• You may access only aggregate, de-identified data. You may not access individual client records.

6. Counseling Sessions

• Ephemeral messaging: Chat messages are deleted when a counseling session ends. Only the practitioner's session notes are retained.
• Client-initiated: Counseling sessions are initiated by the client. Providers may not initiate unsolicited contact except for scheduled follow-ups.
• Confidentiality: All sessions are confidential, subject to the limits described in our Privacy Policy and the Mental Health Act, 2022.
• No recording: You may not record, screenshot, or otherwise capture counseling sessions without the explicit consent of all participants.

7. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose.
• Impersonate another person or misrepresent your professional qualifications.
• Share, distribute, or disclose another user's health information.
• Attempt to access data or accounts belonging to other users.
• Interfere with or disrupt the Platform's functionality or security.
• Use automated tools, bots, or scripts to access the Platform.
• Share your institutional enrollment link with unauthorized persons.

8. Intellectual Property

All content, software, designs, and materials on the Platform are owned by or licensed to Afya Rejeshi and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from Platform content without our written permission.

Health education content is provided for personal informational use only and may not be reproduced or distributed without attribution and permission.

9. Disclaimers

• The Platform is provided "as is" without warranties of any kind, express or implied.
• We do not guarantee uninterrupted access to the Platform.
• Health education content is for informational purposes only and does not constitute medical advice. Always consult a qualified healthcare professional for medical decisions.
• Screening tool results are clinical decision-support aids for practitioners, not diagnoses.

10. Limitation of Liability

To the maximum extent permitted by Kenyan law, Afya Rejeshi shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to:

• Clinical outcomes or decisions made by healthcare providers.
• Interruption or unavailability of the Platform.
• Loss of data beyond what is covered by our data retention obligations.

11. Termination

• You may deactivate your account at any time by contacting us.
• We may suspend or terminate your account if you violate these terms.
• Upon termination, your access to the Platform ceases, but data retention obligations under the Health Act, 2017 continue to apply.

12. Dispute Resolution

Any disputes arising from the use of the Platform shall be resolved through mediation in the first instance. If mediation fails, disputes shall be subject to the jurisdiction of the courts of Kenya.

13. Changes to These Terms

We may update these terms from time to time. Material changes will be communicated through the Platform at least 30 days before they take effect. Continued use of the Platform after changes are published constitutes acceptance.

14. Contact

For questions about these terms, contact us:

• Email: info@afyarejeshi.com
• General inquiries: info@afyarejeshi.com