Effective Date: 30 October 2026

This EULA applies to the Vula Medical App (as available for download from the Google Play Store (Android) and Apple App Store (iOS)), the Vula Online Web Portal and the Vula Medical Website (together, the “Platform”). References in this EULA to the Vula Medical App or the App include the Vula Online Web Portal and, where relevant, the Vula Medical Website.

For specific information regarding:

Privacy and Data Protection as a user of the Vula Medical App, please refer to the Privacy Policy (https://www.vulamedical.com/legal/privacy-policy).

The use of AI Features (as defined in clause 6) is governed by our Artificial Intelligence Policy (https://www.vulamedical.com/legal/ai-policy).

Our processing of patient information is regulated separately in our Patient Privacy Notice (https://www.vulamedical.com/legal/patient-privacy-notice).

1. Introduction

1.1The Vula Medical App, comprising the mobile application and web portal (the “Vula Medical App”), primarily allows for primary healthcare providers to refer patients to specialist healthcare providers with the necessary medical information to allow the specialist to render a diagnosis. It also allows for specialist healthcare providers to refer patients to primary health workers if it is in the interests of the patient to do so (the functionalities provided by the App are referred to as the “Service”).

1.2This end user licence agreement (the “EULA”) governs your use of the App, including any modifications or updates to it, and the way we process information through the App. This EULA is entered into between you (the user of the App) and us, Vula Medical (Pty) Ltd, a private company incorporated in terms of the company law of the Republic of South Africa. It becomes binding on you when you accept it: (a) if you are a new user, by ticking the acceptance box in the App, which you must do before you can complete registration or use the Service; or (b) if you are an existing user, by continuing to use the Platform after the date on which we notify you that this EULA (or an updated version of it) takes effect, or by accepting it in the App if we ask you to. Once you have accepted it, this EULA (including the Privacy Policy, the Patient Privacy Notice and the Artificial Intelligence Policy) applies to all information and records on the Platform that relate to your use of it, whether created before or after you accepted it, subject to the last sentence of clause 8.6.

1.3If you download this App to your mobile device (“Device”) from a third party mobile app store (the “Store”), this EULA and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.

1.4We may release new versions of the App from time to time. You should download the new version in order to continue to make use of the Service; the Service may not be provided as intended should you not be using the latest version.

1.5We take data privacy seriously and are committed to data protection in accordance with all relevant laws which, for purposes of this EULA, include the Protection of Personal Information Act 4 of 2013 (“POPIA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the National Health Act 61 of 2003, the General Data Protection Regulation EU 2016/679 (“GDPR”) (to the extent that we process information of individuals resident in the European Union), and all relevant Australian laws, including the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles (APPs) (to the extent that we process information of individuals resident in Australia).

2. Licence

2.1We grant to you a free, non-transferable limited licence to use the App on any Device that you own or control for the sole purpose of accessing and using the Service.

2.2This license does not allow you to use the Vula Medical App on any Device that you do not own or control, and you may not distribute or make the Vula Medical App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Vula Medical App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Vula Medical App). Any attempt to do so is a violation of our rights and the rights of our licensors.

2.3We may change the terms of this EULA at any time, and will notify you of the amended EULA by email to the address associated with your account or by notice on the Platform before it takes effect, and may also ask you to accept it in the App. If you continue to use the Platform after the amended EULA takes effect, you accept it. If you do not accept the amended EULA, you must stop using the Platform, and this EULA will terminate (see clause 3.1).

3. Term & Termination

3.1Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you will no longer have access to or be permitted use the Vula Medical App, and must destroy all copies, full or partial, of the Vula Medical App in your possession or control.

4. Registration and Creation of Account

4.1In addition to accepting this EULA, you must register with us before you can use the Service. You will register through the Vula Medical App itself, and you undertake to provide us with accurate information, and to keep this information updated and accurate at all times.

4.2You warrant that you are a duly qualified medical professional or a registered healthcare student, and that you are validly registered and in good standing in accordance with the applicable laws and regulatory requirements governing the qualification and registration of healthcare providers in your jurisdiction. If you cease to be so registered or in good standing (i.e. registration lapses, is suspended, cancelled, or made subject to any restrictive conditions), you must immediately discontinue all use of the Vula Medical App. Registered healthcare students may use the Vula Medical App only under the supervision of a registered practitioner, who remains responsible for the patient, and only within the scope permitted by their registration.

4.3You agree that we may, at our discretion, confirm your registration with the relevant medical profession body or registration body with which you are registered. In such case, your registration will be finalised only after we have satisfied ourselves that you are a medical professional registered and in good standing with such body, and that your registration allows for you to deal with patient personal information as described in this EULA.

4.4We will process your personal information as described in our Privacy Policy, including to provide the Service to you, and will retain it in accordance with the retention periods described there.

4.5You must keep usernames and passwords safe to ensure that only you can use the Vula Medical App. You agree that usernames and passwords are issued for individual users only and that you must not share this information with anyone else. You may not allow any other party to use the Vula Medical App under your username.

5. Administrator Users and Team Access

5.1Certain users may be designated as administrators of a department, practice, facility or team on the Vula Medical App (“Administrator”). An Administrator is able to admit other users to, and remove them from, that department, practice, facility or team.

5.2In this role, you acknowledge that admitting a user to a department, practice, facility or team grants that user access to patient Personal Information and Special Personal Information associated with that department, practice, facility or team, including referrals and clinical correspondence created before that user was admitted. Access is not limited to matters arising after admission.

5.3If you act as an Administrator, you do so on behalf of the department, practice or facility concerned, which remains the responsible party in respect of the patient information to which access is granted. You undertake that you will, before admitting any user: (a) verify the identity of that user; (b) verify that the user is a duly qualified healthcare professional or registered healthcare student who is validly registered and in good standing, or is otherwise authorised by the department, practice or facility to access patient information in an administrative capacity; and (c) satisfy yourself that the user requires that access in order to perform their duties.

5.4You undertake to remove a user from a department, practice, facility or team without undue delay when that user ceases to be employed or engaged by it, changes role such that access is no longer required, or ceases to be validly registered and in good standing. You further undertake to review the membership of each department, practice, facility or team for which you act as Administrator at intervals of no more than six months.

5.5We may require you to confirm, at the time of admitting a user, that you have complied with this clause, and we may record that confirmation. We may suspend or remove Administrator rights where we reasonably believe that this clause has not been complied with.

5.6You indemnify us, to the fullest extent permitted by law, against any claim, loss or liability arising from the admission of a user to a department, practice, facility or team by an Administrator, or from a failure to remove a user in accordance with this clause.

6. Intended Use of the Services and AI Features

6.1You acknowledge that the Vula Medical App and Service are intended to function as a secure communication and referral management platform. The Service is not a diagnostic tool and does not provide medical advice, diagnoses, or treatment recommendations. Any information exchanged via the Service is for informational purposes to support your professional judgment. You, as the registered health practitioner, remain solely responsible for all clinical decisions, diagnoses, and treatments. The Service is not an emergency service: you must not rely on it for situations requiring an immediate response, and Vula does not guarantee that any referral or message will be read or answered by the intended recipient within any particular time.

6.2Some features of the Service use artificial intelligence ("AI Features"), such as automated transcription of recorded calls. AI Features are tools to assist you. Their outputs may be inaccurate or incomplete, are labelled as AI-generated, and must be reviewed by you before you rely on them or share them. You remain solely responsible for any clinical decision and for any content you approve, send or record through the Vula Medical App or Service.

6.3AI Features do not provide diagnoses or treatment recommendations, and you must not use them for that purpose. We will notify you before introducing any AI Feature that summarises, analyses or interprets clinical information, and such features will be subject to the safeguards in our Artificial Intelligence Policy.

6.4We do not permit our AI service providers to use patient information or your personal information to train their own models.

6.5Your use of AI Features is subject to our Artificial Intelligence Policy (https://www.vulamedical.com/legal/ai-policy), which forms part of this EULA. You must comply with the responsibilities set out in clause 6 of the Artificial Intelligence Policy when using AI Features.

7. Voice Calling, Call Recording and Transcription

7.1The Vula Medical App may allow you to place and receive voice calls to and from other users in connection with a referral or clinical consultation. Calls placed through the Vula Medical App may be recorded, and the recording may be transcribed, in order to create a record of the clinical discussion which forms part of the referral.

7.2Before a call is placed you will be asked to choose between a recorded call and a standard call. The recorded call option states that the call will be recorded and transcribed. Your selection of the recorded call option constitutes your consent to the recording of that call, and we record that selection together with your identity, the date and time, and the version of the wording displayed to you.

7.3The person you are calling will separately be asked to agree to the recording before it begins. Where that person declines, the call may continue as a standard call without recording. Where that person cannot be asked because they are not a user of the Vula Medical App, you remain responsible for informing them that the call is being recorded and transcribed.

7.4The consent of the patient to the recording and transcription of discussions concerning them is dealt with at the time the referral is created, in accordance with the Patient Privacy Notice. You must not place a recorded call in respect of a referral where that consent has not been obtained and you agree to obtain such consent and refer the patient to the Patient Privacy Notice.

7.5A transcript is generated automatically from the recording. Transcripts cannot be edited, and the transcript is saved to the referral as generated. It is marked as automatically generated and not verified.

7.6The audio recording is retained and is the primary record of the discussion. The transcript is an aid to that record and should not be relied upon as a verbatim account of what was said. Where you consider a transcript to be inaccurate or incomplete, you must record the correction as a separate note on the referral rather than by altering the transcript.

7.7You acknowledge that a recording and its transcript form part of the patient’s clinical record and will be retained for the period set out in our Privacy Policy and Patient Privacy Notice, which is determined by reference to the retention periods prescribed by the laws and professional rules governing health records. Recordings are not deleted on completion of a call.

7.8Voice calling, recording and transcription are provided with the assistance of third party real-time communications, cloud hosting and transcription providers. The clause headed “Transborder Flow of Information” applies to the processing of information by those providers.

8. Patient Personal Information: Processing on Your Behalf

8.1For specific information related to processing of Patient Personal Information, please refer to our Patient Privacy Notice (https://www.vulamedical.com/legal/patient-privacy-notice).

8.2Your role and ours. You (or the department, practice or facility on whose behalf you act) are the responsible party for patient information you enter into or access through the Service. We process that information as your operator, as defined in POPIA. Where you use the Service as an employee, contractor or other authorised user of a department, practice or facility, you accept this EULA, and give the authorisations in this clause 8, both in your own capacity and on behalf of that department, practice or facility, and you warrant that you are authorised to do so. Where a department, practice or facility has a separate written agreement with us, that agreement governs our processing of its patient information and prevails over this clause 8 to the extent of any conflict.

8.3Our undertakings as operator. We will: (a) process patient information only with your knowledge and authorisation when you use the Vula Medical App, for the purposes of providing the Service and as otherwise authorised in this clause 8; (b) treat patient information as confidential and not disclose it unless required by law or in the course of the proper performance of the Service; (c) establish and maintain appropriate, reasonable technical and organisational security measures, as required by section 19 of POPIA; (d) ensure that our staff with access to patient information are bound by confidentiality obligations; (e) impose equivalent written obligations on any sub-operator we appoint (our current sub-operators are described in our Privacy Policy); and (f) transfer patient information outside South Africa only in compliance with section 72 of POPIA.

8.4Security compromises. We will notify you (and, where applicable, the relevant department, practice or facility) immediately where there are reasonable grounds to believe that patient information has been accessed or acquired by an unauthorised person, and give you the information and assistance you reasonably require to meet your obligations under section 22 of POPIA. You will be responsible to report this compromise.

8.5Requests by patients. If we receive a direct request from a patient to access, correct or delete their information, or an objection, we will refer it to you without delay and assist you, on your instructions, to respond. We will not respond to the substance of the request ourselves directly to the patient unless you instruct us to or the law requires it.

8.6Authorisation to de-identify. You agree and authorise us to de-identify patient information processed through the Service, in accordance with our de-identification standard. De-identified and aggregated information may be used by us, and by third parties to whom we make it available (including under licence or by sale), for any lawful purpose, including the following: operating, maintaining, securing and improving the Service; analytics and service reporting (including to the departments, practices, facilities and funders that support the Service); research; developing, training and testing products, services and AI models, including features of the Service and AI Features; and preparing data products, insights and reports for third parties. De-identified information that cannot be re-identified by any reasonably foreseeable method is not patient information or personal information, and we may retain it after this EULA ends. No further authorisation or consent is required for the use of de-identified information. As between you and us, all rights in de-identified information, and in any data sets, insights, reports, products and models created from it, vest in us, and we and the third parties to whom we make it available may use, license, sell and otherwise commercialise it. We will not attempt to re-identify any patient from de-identified information (where a patient needs to be identified, for example for patient safety, this is done from the referral records we hold for you as operator, and not from de-identified information), and we will contractually require every recipient of de-identified information not to attempt re-identification, not to combine it with other information in a way that could identify a patient, and to obtain any approval required by law for its use (including research ethics approval). Where we de-identify patient information for our own purposes, rather than on your instructions, we will do so only where the patient has consented as described in clauses 8.7 and 8.8 or, for research, where the law otherwise permits it (including under sections 15(3)(e) and 27(1)(d) of POPIA and section 16 of the National Health Act).

8.7Patient consent to de-identification for our own purposes. We may de-identify patient information for our own purposes, including research, analytics, the development, training and testing of products, services and AI models, and making de-identified information available to third parties under licence or by sale (as described in clause 8.6). For this limited purpose we act as a responsible party in our own right, and the lawful basis on which we rely is the patient's consent. We will only de-identify a patient's information for our own purposes where the referral records that the patient (or, where the patient is a child or is unable to consent, a competent person) has given that consent.

8.8Obtaining and recording consent. Before you create a referral on the Vula platform, you must obtain the patient's consent both to the processing of their information through the Service for the referral and their care, and to the de-identification of their information for the purposes in clause 8.7. You may proceed with the referral on the Vula Platform only once the patient has given both consents, and by creating the referral you confirm to us that they have been given. You obtain the consent to de-identification on our behalf, and you agree that you will: (a) explain the request to the patient as described in clause 8.9, and offer them the Patient Privacy Notice; (b) not pressure the patient, or offer the patient any incentive, to consent; (c) only proceed with the referral after the patient has consented; (d) where the patient is a child or is unable to consent, obtain the consent of a competent person; and (e) tell us without delay if the patient later tells you that they withdraw their consent to de-identification. If a patient would like to opt-out, or withdraw their de-identification consent, please send an email to our support team (support@vulamedical.com).

8.9What the patient consents to. When you ask for the patient's consent, you must explain to the patient, in terms they can understand, that: (a) their information will be captured and processed through the Service, on your behalf, for the purposes of their referral and care; (b) with their consent, we will remove the details that identify them from their information so that it can no longer be linked to them, and the de-identified information may then be used by us, and by organisations to which we license or sell it, for health research, improving health services, and developing and testing health products and technology, including artificial intelligence; (c) they may withdraw their consent to (b) at any time by telling you or contacting us, but information that has already been de-identified cannot be traced back to them and so cannot be withdrawn.

8.10Records and termination. Referral records may form part of a patient's health record. We will retain patient information for the periods required for health records under the laws and professional rules that apply to you, and you (or your department, practice or facility) may export referral records through the Web Portal. When this EULA ends, you (or your department, practice or facility) may export referral records for 30 days. After that period we may, but are not obliged to, securely delete the patient information you created, subject to any legal retention obligation. Until it is deleted, we will continue to hold it securely, as operator for the responsible department, practice or facility and in accordance with this clause 8, for as long as the law permits, after which it will be securely deleted or de-identified. We will return or securely delete it earlier on the written instructions of the responsible party, subject to any legal retention obligation.

8.11Your obligations. You warrant that you are entitled to enter and share patient information through the Service, that you have informed patients of the use of the Service and the de-identification of the information (for example by showing them the Patient Privacy Notice), that you have obtained any consent required by law or by your professional rules, and that, wherever you record in the Vula Medical App that a patient has consented under clause 8.8, that consent was in fact obtained in the manner described in that clause.

9. Security

9.1We are committed to implementing appropriate structural, technical and other security measures to protect the integrity and confidentiality of the personal information and patient information processed through the Service. We protect and manage that information by using electronic and computer safeguards such as firewalls and data encryption. We may authorise access to that information to our employees, affiliates and/or our consultants and service providers, but only where they require it to fulfil their designated responsibilities and only where they have been appropriately informed regarding the confidentiality of that information.

9.2We will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal information and against the accidental loss or destruction of, or damage to, personal information.

9.3For further information on your responsibilities regarding the protection of your Vula User Account, please refer to our Security page at

https://www.vulamedical.com/legal/security.

10. Children

10.1We process certain sensitive data of patients for healthcare purposes on behalf of healthcare professionals, and, from time to time, this may include sensitive data relating to children under the age of 18 years. You warrant and undertake that, where the patient is under the age of 18 years, you have a lawful basis for processing their information (including, where required, the consent of a parent, guardian or other competent person, or of the child where the child may lawfully consent to their own medical treatment under the Children's Act 38 of 2005), and indemnify us to the fullest extent permitted by law in this regard. We reserve the right to request, at any time, that you furnish us with evidence of such consent having been obtained, but we are not under any obligation to do so. You remain at all times legally responsible to process patient information through the Vula Medical App and our Services in accordance with a lawful basis for processing in terms of POPIA or other applicable data protection laws. The consent of a competent person is required before a child's information is de-identified for our own purposes under clause 8.7.

11. Transborder Flow of Information

11.1The Vula Medical App is a cloud-based service. This means that the personal information we collect may be stored and processed outside the country in which you are located.

11.2Our platform is hosted by Heroku (a Salesforce company) on Amazon Web Services (AWS) infrastructure in data centres located in Europe. All patient information collected through the Vula Medical App and Service is securely stored and processed in this environment.

11.3The AWS data centre we use is ISO 27001 certified, which means it meets internationally recognised standards for information security, including physical security, system protection, data integrity, and service availability. These measures help protect your information and ensure the reliability and continuity of our services.

11.4We take reasonable steps to ensure that your personal information is protected at all times and handled in line with applicable privacy and data protection laws. This includes implementing appropriate contractual, technical, and organisational measures with our service providers.

11.5We engage third party service providers, including real-time communications, cloud hosting and transcription providers, to process personal information on our behalf. A current list of the categories of provider we engage, and of the providers themselves, is available in our Privacy Policy or on request using the contact details in the clause headed “Identity and Contact Details”.

11.6Where a provider processes personal information on our behalf, we conclude a written contract with that provider, or accept the provider's standard terms (which may take the form of a data processing addendum or of terms regulating security and data privacy), in each case requiring the provider to process the information only on our instructions, to keep it confidential, and to establish and maintain appropriate security measures, as required by sections 20 and 21 of POPIA. Where personal information is processed outside the Republic of South Africa, we rely on binding obligations affording a level of protection substantially similar to that required by POPIA, including restrictions on any onward transfer.

11.7By using the Vula Medical App and the Service, you acknowledge and consent to your information being stored and processed in this way. If you choose to withdraw your consent, we may no longer be able to provide the Vula Medical App or certain Services to you.

11.8Further details about how we use, protect, and share personal information are set out in our Privacy Policy.

12. Third Party Content and Services

12.1The Vula Medical App may allow access to websites or other applications owned and / or operated by third parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.

12.2You agree to use these third party content or services at your sole risk and we consequently are not responsible for and do not accept any liability in connection with any third party material or services that may be accessible via the Vula Medical App (regardless of whether or not we have permitted access to the material).

12.3If you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.

13. Consent to Use of Technical Data

13.1You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Vula Medical App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. We will also use technical data in identifiable form where necessary for security, fraud prevention and troubleshooting, as described in our Privacy Policy.

14. Geolocation Data

14.1If your location settings are enabled on your Device, and you have given permission in the App, the Vula Medical App may use GPS technology (or similar technology) to determine your Device's location while you are using the App.

14.2We use this location information to help you find relevant specialists, facilities and referral pathways, and for security. We do not use your precise location for advertising, and we do not share it with other users or third parties, except in aggregated or de-identified form or where required by law.

14.3If you do not want us to use your location, you should turn off the location services for the Vula Medical App located in your Device’s settings.

15. Advertising and Newsletters

15.1We may, from time to time, process your personal information in order to provide you with newsletters and/or advertise services to you. Newsletters and other electronic direct marketing about our own similar services will include a simple way to opt out in every message. We will send other electronic direct marketing, including marketing on behalf of third parties, only with your prior consent, in accordance with section 69 of POPIA. Any sponsored or third-party content in the App will be clearly identified as such. You may opt out of marketing at any time by using the unsubscribe link or emailing support@vulamedical.com.

16. Relationship with the Store

16.1This clause 16 only applies to you if the Store that you download the App from is operated by Apple Inc.

16.2The licence granted in clause 2.1 is limited to use of the App on an iPhone, iPad or other Apple-branded device running iOS or iPadOS that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.

16.3Both parties acknowledge that this EULA is entered into between them only, and that Apple Inc. is not a party to it. The Store is not responsible for the Vula Medical App or its content, and is not responsible for any support and maintenance of the Vula Medical App.

16.4In the event of a failure of the Vula Medical App to conform to an applicable warranty, you may notify the Store, which may refund the App licence fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the Vula Medical App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this EULA).

16.5Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party relating to the Vula Medical App or your possession and/or use of the Vula Medical App including, but not limited to, (i) product liability claims; (ii) any claim that the Vula Medical App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

16.6Both parties acknowledge that if there is any third party claim that the Vula Medical App or your possession and use of the Vula Medical App infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

16.7Both parties acknowledge and agree that this EULA operates as a contract for the benefit of a third party in favour of the Store and its subsidiaries, insofar as the provisions of this EULA create rights in favour of the Store. The Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

16.8You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Identity and Contact Details

17.1Your identity and addresses where you will accept service of any notices or other communications under this EULA is as per the information that you provide to us when registering as a user on the Vula Medical App.

17.2Our identity and addresses where we will accept service of any notices or other communications (including queries and complaints) under this EULA are:

Name: Vula Medical (Pty) Ltd

Address: 39 High Level Road, Green Point, Cape Town, 8005 (registration number: 2013 / 173398 / 07)

Telephone number: +27 76 113 0536

Email address: support@vulamedical.com

18. Data Protection

18.1For specific information regarding Privacy and Data Protection, please refer to the Privacy Policy.

19. Your Rights in Respect of your Personal Information

19.1For specific information regarding your rights in respect of your Personal Information please refer to support@vulamedical.com.

20. No Warranty

20.1Save as expressly set out in this EULA and to the maximum extent permitted by law, we make no representations and give no warranties or guarantees of any nature whatsoever in respect of the Vula Medical App, which is provided on an “as is” and “reasonable effort” basis, and all warranties, whether statutory or which are implied or residual or at common law are hereby expressly excluded. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

21. Limitation of Liability

21.1We are not liable for any loss or damages of whatsoever nature and howsoever arising (including consequential, indirect, aggravated, special or incidental loss or damages which will include but will not be limited to loss of property, data, profit, business, goodwill, revenue or anticipated savings) or any costs (including legal costs on the scale as between attorney and own client and any additional legal costs), claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict or vicarious liability, in delict or otherwise, and whether either party anticipates the damage or not, and whether arising from or relating to this EULA, or otherwise.

21.2Nothing in this Agreement is intended to exclude, restrict, or modify any rights or remedies you may have under applicable consumer protection or mandatory laws that cannot be lawfully excluded. To the extent permitted by law, our liability for a breach of any non-excludable statutory guarantee or mandatory obligation is limited, at our election, to the resupply of the Service or the payment of the cost of having the Service supplied again.

22. Interpretation & General

22.1Whole Agreement. This EULA, together with the Privacy Policy, the Patient Privacy Notice and the Artificial Intelligence Policy (which are incorporated by reference), all as may be updated and notified in the Vula Medical App from time to time, forms the whole of the agreement between the parties, and no other document or statement will form part of it. Subject to clause 2.3 (amendments notified and accepted under that clause), only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

22.2Applicable Law & Jurisdiction. This EULA and any contractual dispute arising from it are governed by the laws of the Republic of South Africa, and the parties agree to the jurisdiction of the South African courts. However, the Vula Medical App and Services may also be subject to any mandatory laws and regulatory requirements that apply in the country where the Vula Medical App is used or operated, including applicable healthcare, data protection, and consumer protection laws, which will apply as required by law.

22.3Survival. For the avoidance of doubt, any provision of this EULA that anticipates any right or duty extending beyond the termination or expiry of this EULA will survive the termination or expiry of this EULA and continue in full force and effect.

22.4No Indulgence. If one party chooses not to enforce any part of this EULA, that does not mean that the party cannot enforce that part at a later time. If any part of the EULA is found to be unenforceable, the rest will still be enforceable.

22.5Reading Down. If a provision of this EULA is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.

22.6Severance. In the event that any part of this EULA is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this EULA.