These Terms of Service (“Terms”) govern your access to and use of the digital platforms, mobile applications, modules, websites, and related services (collectively, the “Services”) provided by CareApps Limited (“CareApps”, “we,” “us,” or “our”). These Services include, but are not limited to, Empathika and any current or future software, modules, or tools developed or offered by CareApps Limited.
By accessing or using any of our Services, whether as an individual user or as an authorised representative of an organisation (a “B2B Customer”), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, please do not use our Services.
By using our Services, you confirm that:
You are authorised to enter into these Terms on your own behalf or on behalf of the organisation you represent;
Your use of the Services complies with all applicable UK laws, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and relevant NHS policies;
You have read and accepted our Privacy Policy and any other applicable agreements or data processing terms where relevant.
2. Permitted Use
You agree to use the Services only for lawful purposes and in a manner that:
Complies with all applicable legislation;
Does not infringe the rights of any third party;
Does not disrupt or negatively impact the performance, integrity, or availability of our Services.
You must not:
Violate any law or regulation;
Access another user’s account without authorisation;
Distribute malware or malicious code;
Attempt to reverse engineer or decompile the Services;
Harvest or collect personal data without a lawful basis;
Use the Services to send unsolicited or unlawful communications.
If you are an organisation (B2B Customer), you:
Are responsible for managing your authorised users and ensuring they comply with these Terms;
Must ensure that you have an appropriate legal basis for processing any personal data within the Services;
Agree to enter into a Data Processing Agreement (DPA) with us where required under UK GDPR;
Must not use the Services to process special category data or health data without implementing appropriate safeguards and obtaining valid consent or another lawful basis as required by law.
We may provide administrative tools to help B2B Customers manage permissions, user access, and data.
We may engage sub-processors or third-party service providers to support the delivery, hosting, security, or analytics of our Services. All such processors are subject to contractual obligations consistent with UK GDPR and are only permitted to process data as necessary to deliver their services to us.
We will maintain an up-to-date list of sub-processors upon request and will notify B2B Customers of any material changes to this list where required under applicable laws or contractual agreements.
All data processed through our Services is handled in accordance with:
The UK GDPR and Data Protection Act 2018;
The Common Law Duty of Confidentiality;
NHS Digital policies and the Data Security and Protection Toolkit (DSPT) where applicable.
Users and B2B Customers are responsible for:
Ensuring the lawfulness of the data they upload or share via our Services;
Ensuring appropriate privacy notices, consents, or contractual rights are in place for personal and special category data.
Our full data practices are outlined in our Privacy Policy and, for B2B Customers, in the Data Processing Agreement (DPA) where applicable.
6. Intellectual Property
All materials within our Services, including source code, design, logos, text, graphics, and other intellectual property, are the property of CareApps Limited or its licensors.
Except as explicitly permitted:
You may not copy, reproduce, modify, republish, or create derivative works from our content;
You may not use our branding or trademarks without prior written consent.
You are responsible for any content or data you submit through the Services (“User Content”). You confirm that:
You have the necessary rights or consents to submit such content;
Your content does not violate any law, regulation, or third-party right.
We reserve the right to review and remove User Content that violates these Terms or poses a risk to the Services or other users.
While our Services may support clinical, care, or operational workflows:
They do not constitute clinical advice;
Use of the Services does not replace professional judgement;
You are responsible for verifying the accuracy and appropriateness of any decisions or actions based on information provided via the Services.
We provide the Services “as is” and disclaim all warranties, express or implied, including:
Merchantability;
Fitness for a particular purpose;
Availability, completeness, or accuracy of the Services.
We do not guarantee that the Services will be free from errors, vulnerabilities, or interruptions.
10. Limitation of Liability
To the extent permitted by law, CareApps Limited shall not be liable for:
Indirect or consequential damages;
Loss of profits, data, or business;
Downtime, security incidents, or service interruptions;
Misuse of Services by users or B2B Customers.
If liability cannot be excluded, our maximum aggregate liability is limited to the fees paid by the customer (if any) in the preceding 12-month period.
11. Termination
We may suspend or terminate your access at any time, with or without cause, if:
You breach these Terms or any applicable agreement;
Required by law or regulatory authority;
Continued use poses a security or legal risk.
Termination does not affect any rights or obligations accrued prior to termination.
We may amend these Terms from time to time. Material changes will be posted through the Services or on our website. Your continued use after changes take effect signifies your agreement to the updated Terms.
13. Governing Law
These Terms shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Contact
For any queries related to these Terms or your use of the Services, please contact:
CAREAPPS LIMITED
First Floor, One Colton Square, Leicester, Leicestershire, United Kingdom, LE1 1QH
email: info@careapps.co.uk
These Terms are to be read in conjunction with our Privacy Policy and any applicable Data Processing Agreements;
B2B Customers are responsible for ensuring compliance with all legal and professional obligations applicable to their use of the Services;
We reserve the right to conduct audits or request assurance from B2B Customers regarding compliance with data protection and information governance requirements.
Last Updated: 05/05/25
