Terms and Conditions

for Professionals

We are CareIQ Limited.
We build products to enable 'real time' health intelligence, for everyone.

These Terms & Conditions ("Terms") apply when you use our software, either via the CareIQ desktop app or CareIQ Web ("CareIQ" or the "Service"). By accessing and using CareIQ, you agree that you and your employer will be bound by these Terms, the CareIQ Privacy Policy, and CareIQ Data Processing Agreement.

These Terms do not apply where you are employed by an organisation that has agreed separate terms with us - for example, services procured under the NHS Digital Care Services Catalogue suite of agreements or via a direct written agreement with us.

Using CareIQ

For CareIQ to support all (healthcare) professionals, everyone makes some promises about how they will use the Service.

Registering for CareIQ

By registering a CareIQ account (“Account”), you agree:

to these terms on behalf of the (healthcare) organisation you are employed by and any other (healthcare) organisation you are acting on behalf of when using the Service (your “Organisation");
you are authorised to give all permissions and instructions in these Terms, the Privacy Policy, and within the Service, on behalf of your Organisation; and
you will use CareIQ in your capacity as a (healthcare) professional only and you have a valid organisation managed email account (i.e. NHSmail).

Reference to "you" and "your" in these Terms means you and your Organisation.

Using CareIQ

When accessing and using CareIQ, you agree to:

only use your unique login credentials and not share your credentials with anyone else;
be responsible for all actions in your account on the Service;
ensure your account details are up to date, including the (healthcare) organisation that you are currently employed by - you can update your details by contacting support@careiq.health;
only use CareIQ in compliance with these Terms, all applicable laws, and the Caldicott Principles;
only use CareIQ in a professional way in connection with the provision of direct care to patients ("Authorised Use");
always provide accurate and complete information;
not transmit any inappropriate or offensive content;
be responsible for all data you provide directly or indirectly via the Service and any data derived from your use of the Service;
not do anything that infringes our or any third party's intellectual property rights;
cooperate as necessary to enable us to fulfil our obligations under these Terms;
not use CareIQ in any way that could damage, disable, overburden, or compromise our systems or security, or interfere with other users;
not make any attempt to gain unauthorised access to the Service or knowingly transmit any data or material which is malicious or could adversely affect the Service;
not sell, resell or sublicense any or all of the Product;
not attempt to copy, modify, duplicate, create derivative works from, or otherwise change the whole or any part of the Service or attempt to decompile, disassemble or reverse engineer the Service; and
not attempt to access all or any part of the Service in order to build a product which competes with the Service.

Our promises to you

We want to build the best 'real time' health intelligence platform for (healthcare) professionals.

So we promise to:

always deliver the Service in compliance with the law;
maintain all necessary permissions and licences to provide the Service;
use all reasonable commercial efforts to ensure the Service is available to you. Non-availability due to any events caused by third parties or any events outside our reasonable control will not count towards the availability calculation;
monitor our servers for outages and material errors, and notify you if any such event occurs; and
provide support for critical outages and aim to resolve outages promptly.

Licence

We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service for the Authorised Use, subject to these Terms and other policies or agreements we provide to you.

We retain ownership and all intellectual property rights in the Service, any modifications, adaptations, or developments to it, and any data derived from your use of the Service. You also assign to us with full title guarantee all intellectual property rights in any feedback, comments or suggestions you may have in connection with the Service, which we may incorporate into the Service.

Technology

We work hard to make our Service easy to use and reliable. By using CareIQ, you accept that:

we may change the Service at any time (including making, adding, updating or removing products) and these Terms will apply to any changes;
we may request you install updates - if you fail to install manual updates, you may lose access to the Service or functionality may be impaired;
the Service may be interrupted or subject to errors;
we may modify, suspend or discontinue any part of the Service without notice;
parts of the Service rely on third parties (such as electronic patient record systems), so they may be unavailable or interrupted if the third party has a malfunction, maintenance needs or other disruption; and
your use of the Service will be monitored for security, service delivery and audit purposes.

Security

Security is incredibly important to us. We work hard to put best in class security and information governance at the heart of the Service.

To support this, you should:

safeguard access to your devices where you access CareIQ;
maintain a secure and confidential password for your use of the Service;
not share your login credentials with anyone else; and
inform us immediately if you suspect any unauthorised access to your Account.

Compliance

We monitor our Service to ensure compliance with these Terms.

If you suspect any potential breach of these Terms, you should notify us. Upon receiving notification of misuse, we will investigate the issue.

If we identify any violation of these Terms, we reserve the right to remove any content, reverse any actions in the Service and/or suspend or terminate your licence.

We will report any evidence of serious and frequent misuse to relevant authorities and regulators as required.

Third parties

The Service includes information provided by third parties.

For example:

if you are sending an SMS to a patient, their contact number will be pulled from your electronic patient record system.

All third party information delivered as part of the Service is provided on an "as is" basis. CareIQ assumes no responsibility for, and expressly disclaims any liability arising from use of or reliance on, third party information.

If you provide information which is used by a third party as part of the Service, we have no responsibility or liability for how that information is used.

Our liability

The Service is provided on an "as is" basis without any express or implied warranty.

You are responsible for determining that the Service meets your requirements and we give no assurances that the Service will be fit for purpose.

If we do not follow these Terms, then we will be responsible for any foreseeable loss or damage that you suffer caused by us. In addition, even if we don't follow these Terms, we won't be responsible for any loss or damage that isn't foreseeable. When we say "foreseeable", we mean that:

it was obvious that it would happen; or
at the time we made this agreement, we and you both knew that it might happen.

To the fullest extent permitted by law, we will not be responsible or liable for:

any loss or damage not caused by our breach;
any business loss (including loss of profits or revenues);
any indirect, incidental, punitive, exemplary, special, or consequential damages;
any loss or damage arising from an inability to access or use the Service, or any inaccuracies in the Service;
any content on the Service, and any loss or damage arising from use of or reliance on such content;
any unauthorised access, use or alteration of your account, transmissions or content, or any virus or malware infecting your device as a result of the Service; and
any delays, delivery failures, or any other loss or damage resulting from use or unavailability of the Service.

To be clear, we do not limit our responsibilities to you where it would not be lawful. For example, we do not limit our responsibility to you when we have caused death or personal injury due to our negligence.

Subject to the above, our aggregate liability for any claims relating to the Service in contract, tort, or otherwise is limited to the sum of £25,000 per year.

Termination

We may suspend or terminate your access to the Service at any time for any reason. We will endeavour to provide you with notice, but we do not have to. You will have no claim against us if we suspend or terminate your Account.

Upon termination, your licence to use CareIQ will immediately end and you agree to stop using the Service. Any rights, remedies, obligations or liabilities that have accrued up to the termination date, including rights relating to your breach of these Terms at or before the termination date, will be unaffected.

You can stop using CareIQ at any time. If you stop using CareIQ, any personal data you provided will be treated in accordance with our Privacy Policy.

General

Changing the Terms

We may revise these Terms at any time. We'll do our best to keep you up to date when we're making changes to these Terms - we don't need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can.

The most recent Terms will always be published on our website. By continuing to access or use CareIQ, you agree to be bound by the most up to date Terms.

If you have any questions about these Terms, please reach out via support@careiq.health.

Rights under the Terms

You cannot transfer or assign your licence or any other rights you have under these Terms to another party. If you try to make any transfer or assignment, it will be void.

We can transfer, assign, or subcontract any of our rights and obligations under these Terms as long as it does not negatively affect the Service to you.

These Terms are only enforceable by us and you, and not by any third party.

Governance

If any provision of these Terms is deemed invalid, that provision will be removed or replaced by a new provision of similar meaning, and the remainder of these Terms will continue in full effect.

We can enforce these Terms at any time. If we do not enforce any right or provision in these Terms, this will not constitute a waiver of the right or provision. If we do grant a waiver of any provision of these Terms, the waiver will be limited to that provision only and we can reverse it at any time.

These Terms are governed by English law.

If you have any dispute with CareIQ, you agree to contact us first and attempt to resolve the issue informally. If we are not able to resolve the dispute with you informally, we both agree it shall be subject to the exclusive jurisdiction of English courts.

Parties

These Terms are a contract between you and CareIQ Limited.

CareIQ LIMITED is registered in England & Wales under company number 12558417

Our registered office is at 103 Cranley Drive, Newbury Park, Ilford, Essex, IG2 6AA.