Terms of Service

1. Who these terms are between

These terms are between RB Stackworks Ltd, a company registered in England and Wales (company number 17485375, registered office Suite RA01, 195-197 Wood Street, London, E17 3NU), and the organisation named on the order form ("you"). They govern your use of the Care360 website at care360.cloud, the Care360 application at app.care360.cloud and at provider-specific addresses under care360.cloud, and the Care360.Cloud apps for iPhone, iPad and Android.

2. What we provide

Care360 is care management software delivered over the internet. Subject to these terms and to payment of the fees, we grant you a non exclusive, non transferable right to use it for your own care operations for the duration of your subscription.

The service is provided as software. It is a tool that helps you keep good records; it is not a regulatory service and we do not provide clinical, legal or compliance advice.

3. Your responsibilities

This section matters, because you remain the regulated party.

• Your regulatory obligations stay yours. Using Care360 does not transfer any duty you owe to the Care Quality Commission, to commissioners, or to the people you support. You remain responsible for the accuracy, completeness and timeliness of your records and for meeting the fundamental standards, including Regulation 12 and Regulation 17.
• You are responsible for what your staff record, for training them to record well, and for making sure the right people have the right level of access.
• You are responsible for your staff's competency to carry out the tasks they record, including the administration of medicines. The software records what was done; it does not assess who is competent to do it.
• Keep account access secure. Sign in is by one time code to a named work email address. Accounts are personal to each member of staff and must not be shared. Tell us promptly if you believe an account has been compromised.
• Use it lawfully. Do not use the service to store data you have no lawful basis to hold, to break the law, or to attempt to gain access to records outside your permitted scope.

4. Your data stays yours

All records you and your staff enter, and all files you upload, remain your property. We claim no ownership of them and we will not use them to train models, sell them, or share them with anyone except the suppliers listed in our Privacy Policy, who process them only to run the service. The one exception is Apple's push notification service, which carries notification text but no care records and runs on Apple's own standard terms, as the Privacy Policy explains.

5. Getting your records out

You can export your records at any time during the subscription using the export functions in the application.

On termination, for whatever reason, you may request a full export of your data. We will provide it in a commonly used, readable format within 30 days of the request, provided the request is made within 30 days of termination. After that period we will delete your data in line with our data processing agreement, unless you have asked us in writing to retain it for longer.

We include this deliberately: adult social care records carry statutory retention periods that outlast most software contracts, and you must be able to meet them without depending on us remaining your supplier.

6. Data protection

For the records inside the application you are the controller and we are a processor. We process personal data only on your documented instructions, under our Data Processing Agreement, which meets Article 28 of the UK GDPR, with one exception it names: Apple's push notification service (see clause 4). That agreement forms part of these terms and covers confidentiality, security, sub processors, assistance with data subject requests, breach notification, and deletion or return of data at the end of the contract.

Our Privacy Policy explains our suppliers, where data is held and how it is protected. A signed copy of the data processing agreement is available on request, and we will complete reasonable security and due diligence questionnaires, including those needed for the Data Security and Protection Toolkit.

7. Availability and support

We aim to keep the service available at all times, but we do not promise uninterrupted availability. We may carry out maintenance, and we will give reasonable notice of planned work that will interrupt the service, other than in an emergency.

Support is provided by email to hello@care360.cloud during normal business hours. Where an order form specifies a service level, that applies.

Have a fallback. Any internet delivered system can be interrupted. You should keep a means of recording care that does not depend on the service being reachable, and enter those records afterwards. The application will mark them as entered late, which is the correct and honest outcome.

8. Fees

Fees, the billing period and any minimum term are set out in your order form. Unless the order form says otherwise, fees are payable in advance and are exclusive of VAT. We will give you at least 30 days written notice before changing the fees, and a change will not take effect before the end of your current term.

9. Confidentiality

Each of us may learn confidential information about the other. Neither of us will disclose it to anyone else except to those who need it to perform this agreement and who are bound by similar obligations, or where disclosure is required by law. This obligation continues after the agreement ends.

10. Intellectual property

We own the Care360 software, its design and its documentation, including any white label configuration built for you. Nothing in these terms transfers that ownership. Where we build bespoke functionality at your request, ownership of that work is as agreed in writing at the time.

11. Term and termination

The subscription runs for the term set out in the order form and continues until either of us ends it in accordance with that order form. Either of us may end the agreement immediately in writing if the other commits a material breach and fails to remedy it within 30 days of being asked to, or becomes insolvent.

On termination your right to use the service stops, and clause 5 governs how you retrieve your records.

12. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, neither of us is liable for indirect or consequential loss, and our total liability in any twelve month period is limited to the fees you paid in that period. This allocation of risk is reflected in the price.

We are not liable for the content or accuracy of the records your staff enter, for decisions you take about care, or for the consequences of a regulatory inspection. Those remain yours.

13. Changes

We may change these terms. Where a change materially affects you we will give reasonable notice in writing, and if you object you may end the subscription before the change takes effect. We will not change the data protection terms in a way that weakens the protection of personal data.

14. General

1. These terms, the order form and the data processing agreement are the whole agreement between us.
2. Neither of us may transfer this agreement without the other's written consent, except to a group company or on a sale of the business.
3. If part of these terms is found unenforceable, the rest continues to apply.
4. A delay in enforcing a right is not a waiver of it.
5. Nobody other than you and us has any right to enforce these terms.

15. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.

16. Contact

Questions about these terms go to hello@care360.cloud.