Terms of Service

By accessing or using the Path.systems platform, website, API, or any related services (collectively, the “Service”) operated by Path Systems Inc. (“Path.systems”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree with any part of these Terms, you must not use the Service.

Path.systems is a cloud-based Laboratory Information System (LIS) that provides laboratory workflow management, including patient registration, test ordering, result management, billing, and integrations with laboratory instruments, reference laboratories, and electronic medical record systems. The Service is intended for use by licensed healthcare facilities, pathology laboratories, and their authorized personnel.

3.1 Account Creation

To use the Service, you must create an account and provide accurate, complete, and current registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Organization Accounts

Each laboratory operates under an organization account. The organization administrator is responsible for managing user access, assigning roles, and ensuring that all users comply with these Terms. Organization accounts are non-transferable without our prior written consent.

3.3 Account Security

You must immediately notify us at security@path.systems if you become aware of any unauthorized access to your account. We recommend enabling multi-factor authentication for all user accounts. We are not liable for any loss arising from unauthorized use of your account where you have failed to maintain adequate security.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service for any purpose other than legitimate laboratory operations
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to transmit malware, viruses, or other harmful code
• Sublicense, resell, or redistribute access to the Service without our prior written consent
• Use the Service in violation of any applicable healthcare regulations, including HIPAA, POPIA, or equivalent local laws
• Attempt to circumvent any security measures, access controls, or rate limits

5.1 Data Controller and Processor

Your organization is the data controller for all patient health information (PHI) processed through the Service. Path.systems acts as a data processor, processing PHI solely on your instructions and in accordance with our Data Processing Agreement (DPA).

5.2 HIPAA Compliance

For customers subject to HIPAA, Path.systems will enter into a Business Associate Agreement (BAA) upon request. We implement administrative, physical, and technical safeguards as required by the HIPAA Security Rule.

5.3 POPIA Compliance

For customers in South Africa, we comply with the Protection of Personal Information Act, 2013 (POPIA). We process personal information in accordance with the conditions for lawful processing set out in POPIA and maintain appropriate security safeguards.

5.4 Your Obligations

You are responsible for ensuring that your use of the Service complies with all applicable healthcare laws and regulations in your jurisdiction. This includes obtaining any necessary patient consents, maintaining appropriate access controls, and reporting data breaches as required by law.

The Service allows you to connect to third-party systems including reference laboratories, laboratory instruments, EMR/EHR systems, and billing software. You are responsible for:

• Obtaining any necessary agreements or permissions from third-party system operators
• Ensuring that data transmitted through integrations complies with applicable laws
• Maintaining the security of integration credentials (API keys, certificates, passwords)
• Configuring IP allowlists, TLS settings, and other security parameters as appropriate

We are not responsible for the availability, accuracy, or security of third-party systems you connect to through the Service.

7.1 Uptime

We target 99.99% uptime for the Service, measured monthly. Planned maintenance windows are scheduled outside of business hours (typically Saturday 02:00–06:00 SAST) and communicated at least 48 hours in advance. Our uptime SLA is detailed in the applicable service agreement for Professional and Enterprise tier customers.

7.2 Support

Support is provided via email at support@path.systems. Response times vary by plan tier. Critical issues (system-wide outage, data loss risk) are prioritized regardless of plan tier.

7.3 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide at least 90 days' notice before discontinuing a material feature. We will not materially reduce the functionality of the Service during an active subscription term without your consent.

8.1 Subscription Fees

The Service is offered on a subscription basis. Fees are set out in the applicable order form or pricing page and are billed monthly or annually in advance. All fees are exclusive of applicable taxes.

8.2 Payment Terms

Invoices are due within 30 days of issuance unless otherwise agreed. We reserve the right to suspend access to the Service if payment is overdue by more than 14 days, following written notice.

8.3 Refunds

Annual subscriptions may be cancelled within 14 days of purchase for a full refund. After 14 days, fees are non-refundable. Monthly subscriptions can be cancelled at any time, effective at the end of the current billing period.

9.1 Our IP

The Service, including all software, documentation, designs, trademarks, and content, is the exclusive property of Path Systems Inc. or its licensors. Nothing in these Terms grants you any right to our intellectual property beyond the limited right to use the Service during your subscription.

9.2 Your Data

You retain all rights to data you input into or generate through the Service. We do not claim ownership of your patient data, configurations, or other content. We will not access your data except as necessary to provide the Service, resolve support requests, or comply with legal obligations.

To the maximum extent permitted by applicable law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Path.systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
• Our total aggregate liability for any claims arising under these Terms shall not exceed the fees paid by you in the 12 months preceding the event giving rise to the claim.
• The Service is a tool to assist laboratory operations. Clinical decisions remain the responsibility of qualified healthcare professionals. We do not provide medical advice and are not liable for clinical outcomes.

You agree to indemnify and hold harmless Path Systems Inc., its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of applicable laws or regulations
• Your negligence or wilful misconduct in handling patient data
• Claims by third parties arising from data you transmit through integrations

12.1 By You

You may terminate your account at any time by contacting us at support@path.systems or through the account settings page. Upon termination, you will have 90 days to export your data before it is permanently deleted.

12.2 By Us

We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees after written notice, or if we are required to do so by law. We will provide notice where reasonably practicable.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in Cape Town, South Africa, in accordance with the Arbitration Act, 1965, before resorting to litigation.

• Entire Agreement — these Terms, together with the Privacy Policy and any applicable DPA or BAA, constitute the entire agreement between you and Path.systems.
• Severability — if any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver — failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment — you may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure — neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.
• Notices — notices under these Terms shall be sent by email to the address associated with your account or to legal@path.systems.

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance by email and by posting a notice on the Service. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes. If you disagree with the revised Terms, you may terminate your account.

If you have questions about these Terms, contact us: