Terms of Service

1. Definitions

• Service means the Evertrack software platform (web and mobile), including all features, APIs, and support.
• User means any individual who accesses or uses the Service.
• Organisation means the care provider (e.g. supported living service, residential care home) that subscribes to the Service.
• Customer means the Organisation that has entered into a subscription agreement with us.
• Content means all data, records, and materials you upload or create in the Service, including resident records, care plans, and staff information.

2. Account Creation and Eligibility

The Service is intended for care providers operating in the United Kingdom. You must be at least 18 years old and have authority to bind your Organisation. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

By signing up, you confirm that you agree to these Terms and our Privacy Policy. We recommend you display these clearly at sign-up, e.g. "By creating an account, I agree to the Terms of Service and Privacy Policy."

3. Acceptable Use

You must use the Service lawfully and in accordance with care sector regulations, including CQC and Ofsted requirements. You must not:

• Misuse, disclose, or access resident or staff data except as necessary for care delivery and compliance.
• Use the Service for any illegal purpose or in breach of applicable law.
• Attempt to gain unauthorised access to our systems or other customers' data.
• Introduce malware, interfere with the Service, or overload our infrastructure.

We may suspend or terminate access if we reasonably believe you have breached these Terms.

4. Service Availability and Updates

The Service is provided as hosted software. We retain custody of the code and infrastructure. We use reasonable efforts to maintain availability but do not guarantee uninterrupted access. We may perform maintenance with advance notice where practicable.

We may update the Service from time to time. Material changes will be communicated via email or in-app notice. Continued use after changes constitutes acceptance.

5. Fees, Billing, and Refunds

Subscription fees, billing cycles, and payment terms are set out in your order form or subscription agreement. Unless otherwise agreed, fees are payable in advance. Refunds are handled in accordance with UK consumer law and your subscription terms.

6. Intellectual Property

We own all intellectual property rights in the Service, including the platform, software, and branding. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal care operations during your subscription period.

You retain ownership of your Content. You grant us a licence to process, store, and display your Content as necessary to provide the Service and comply with our legal obligations.

7. Data Processing and Compliance

We process personal data in accordance with the UK GDPR, the Data Protection Act 2018, and our Privacy Policy. Our processing supports care providers in meeting Regulation 17 of the Health and Social Care Act 2008 (records must be accurate, complete, secure, and accessible to authorised persons).

We use data processing agreements with sub-processors (e.g. hosting, email) that comply with UK data protection law. On termination, we will assist with data export as set out in our data processing terms.

8. Limitation of Liability and Indemnity

To the fullest extent permitted by law, we exclude liability for indirect, consequential, or special damages, and for loss of profits, data, or goodwill. Our total liability is limited to the fees paid by you in the 12 months preceding the claim.

You indemnify us against claims arising from your breach of these Terms, your Content, or your use of the Service. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

9. Termination and Suspension

Either party may terminate the subscription in accordance with the subscription terms. We may suspend or terminate access immediately if you breach these Terms or if required by law.

On termination, you may request an export of your Content. We will retain data only as required by law or as set out in our Privacy Policy.

10. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes are subject to the exclusive jurisdiction of the courts of England and Wales.