The terms and conditions of this end-user agreement apply to your use of the App and the Services.
1.1. In these end-user agreements, the following terms shall have the meanings set out below unless the context requires otherwise:
Account: Your account was created via the App;
App: the app provided by Syncare that You purchase, use or intend to use;
Services: all services made available by Syncare, including but not limited to, services accessed through the App and storage of User Generated Content on Syncare servers;
Technology Hubz ltd , trading as Syncare (“us”, “we”, or “our”) is the data controller and operates the Syncare mobile application (the “Service”) and www.syncarehq.com website. The company registration number 13498430. Our registered office is 71-75 SHELTON STREET, COVENT GARDEN, LONDON, WC2H 9JQ.
User-Generated Content: communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that You post or otherwise make available on or through the App or the Services or store on the same;
You/Your: you, being the user of the App and/or the Services, and your, as in the possessive pronoun of all that relates to you.
2.1. Your use of the App and the Services is subject to the terms and conditions set forth in this end-user agreement. If you have not yet concluded this end-user agreement, you conclude it either by using or by accessing the App or the Services or any part thereof. Such use and/or accessing constitute Your consent to and acceptance of this end-user agreement. If You do not accept this end-user agreement unconditionally in full, do not install, use or access the App or the Services and immediately delete the App should you have already installed it.
2.2. Syncare is entitled to amend this end user agreement from time to time. If You do not accept such amendments, You must notify Syncare thereof in writing within four weeks after the date on which You have been informed of such amendments. Following such notification, Syncare may, in its sole discretion, decide to terminate the agreement with You (and reimburse You proportionally should you have paid a fee for a term that is not yet finished) or to continue such agreement under the former version thereof. If you do not notify Syncare timely of your non-acceptance, you will be unconditionally bound to the amended end user agreement.
3.1. The App and any software used to deliver the Services are licensed, not sold, assigned or transferred. Syncare grants You a personal, non-exclusive license to install and use the App and the Services as provided by or on behalf of Syncare, as set forth in this end user agreement. . All rights to use the App and the Services are limited to professional use.
3.2. The rights granted herein are subject to Your continuous compliance with this end user agreement. Without prejudice to any other rights and remedies Syncare may have hereunder, any non-compliance entitles Syncare to deny You further use of the App and/or the Services.
3.3. The license is limited to the intellectual property rights of Syncare and its licensors in the App and does not include any other rights.
3.4. All rights not expressly granted to You herein are reserved by Syncare. Syncare retains all its rights, titles and interest in and to the App and the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.
3.5. Unless insofar expressly authorized by mandatory applicable legislation, You will not, without prior written consent from Syncare or as set forth herein otherwise: (i) commercially exploit the App or the Services other than using it as it clearly is intended; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the App and the Services, any copies thereof, or any passwords or usernames of the App and the Services, (iii) copy, reproduce or distribute the App in any manner or medium, in whole or in part, or decompile, disassemble, or reverse engineer the App by any means whatsoever; (iv) make the App publicly available or available on a network for use or download by multiple users; (v) use or install the App (or permit others to do same) on a network, for on-line use, (vi) remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of the origin or source in the App, (vii) alter, modify, enhance, or create a derivative work of the App.
4.1. Your use of the App and the Services is at Your own account and risk. You are responsible for any and all use of the App and the Services, as well as for the integrity of the password and other identifying means in respect of Your Account. You shall keep Your username and password secure and not allow anyone else to use Your username or password to access the App or the Services.
4.2. Syncare is neither responsible nor liable for any loss that results from the unauthorized use, with or without Your knowledge, of Your username, password and/or other identifying means.
4.3. Users of Syncare must identify themselves accurately and as fully as is necessary to be correctly identified by other healthcare and affiliated professionals using the App. Users are responsible for maintaining their own identifiers including, but not limited to, Profession, Grade, Hospital, Care home, Council and Specialty as laid out in “Settings”. You are responsible for ensuring that any person with whom you communicate is the person that you think them to be (i.e. ensure that they are not using a false identity).
4.3. You agree and warrant that Your use of the App and Services, and Your User Generated Content will not infringe upon any and all rights of third parties, including but not limited to intellectual property rights, moral rights and privacy rights and, more specifically, that such use will always be in conformity with all applicable laws and regulations and with the professional standards in respect of data protection and confidentiality.
You should carefully consider the content of the messages that you send when they transmit personal data. You should keep this to a minimum and only include personal data (e.g. name, age) etc. under circumstances that you think are essential to the other person’s understanding of the message. You should avoid sending sensitive personal data (such as sex life, religious beliefs). Wherever possible, avoid sending the patient’s name.
The service is not intended to supplement or replace official patient records and the official patient record must be updated in the usual way with any relevant information communicated using it. The service is intended for transitory communication to facilitate better patient care but should not be regarded as a permanent healthcare record.
Personal data should only be sent in the course of carrying out your duties as a member of the clinical staff caring for patients otherwise you may risk having no legal basis for which to process that data.
4.4. You hereby agree to defend, indemnify and hold harmless Syncare and the parties involved by Syncare for providing the App and the Services to You from and against all damage, claims, costs, charges and expenses (including attorneys’ fees) arising out of Your use of the App and the Services.
Communication via Syncare is presumed to be of a professional nature and users should be aware that the content of messages relating to patients may on occasion be requested as part of investigations or audits, and may also be disclosed under the Freedom of Information Act 2000, the Data Protection Act 2018 (GDPR) and amendments and Freedom of Information (Scotland) Act 2002 in cases where the App is used in a clinical setting and where there is a legally binding data processing agreement in place with the respective Trust / Data Controller.
4.5. You must notify Syncare immediately in the event You become aware of any access to or usage of the App and the Services of User Generated Content by third parties under Your Account that You did not authorize, or any other possible breach in security.
4.6. Syncare cannot guarantee that the App and the Services will always be available or will always work without any interruptions, errors or defects, or that the information provided on the App and the Services is complete, correct and/or up-to-date.
4.7. The App and the Services are provided to You ‘as is’ and might contain defects. They are provided without warranty of any kind, without performance assurances or guarantees of any kind, and Your use is at Your sole risk. Syncare licensors and affiliated parties do not make, and disclaim, any and all express or implied warranties, including the implied warranties of condition, error-free or uninterrupted use, accuracy of data, merchantability, compatibility, interoperability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or that any errors or defects in the App and/or the Services will be corrected.
4.8. Syncare at all times has the right, but can never be obliged, to update, to upgrade and/or to adapt the App and/or the Services, to change or remove data or information stored on the App or the Services.
4.9. Syncare may agree to maintain certain service levels. Demanding fulfillment of Syncare’s obligations out of such further agreement shall be Your only right and remedy in the event of an error, defect, unavailability or other technical shortcomings of the App and/or the Services.
4.10. Syncare, Syncare’s licensors or affiliated parties will not be liable for any special, incidental, consequential or exemplary damages, including but not limited to loss of opportunity or lost profits, loss of goodwill, property damage, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, or other damage or losses from any causes of action, arising out of or related to the License or the App or the Services, including the possession, access, use or malfunction of the App or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Syncare, Syncare’s’s Licensors or affiliated parties have been advised of the possibility of such damages.
4.11. In no event shall Syncare, Syncare’s licensors’ or and affiliated parties’ total liability exceed the actual price paid by You for the use of the App and Services. In the event You pay a recurring users fee, such liability is limited to the fee in respect of the period in which the cause of the liability occurred. Only in the event of gross negligent or willful misconduct of Syncare’s management team, no limitation to Syncare’s liability shall apply. The limitation of liability in this clause applies for all of Syncars’s and the other parties’ liability regardless of its origin. It applies to contractual as well as to non-contractual liability.
5.1. Unless set out otherwise by Syncare, the term of Your License shall commence on the date that You start to download, install or otherwise use the App and/or Services, and shall end on the earlier of: (i) the date that the term set by Syncare terminates and (iii) the date that You dispose of the App and/or Services, (iv) Your attempt to circumvent any technical protection measures used in connection with the App and/or Services; (v) Your use of the App and/or Services in breach of this end user agreement otherwise; or (vi) Syncare’s termination of the License.
5.2. Without limiting Syncare’s statutory rights to terminate or Syncare’s other rights and remedies, Syncare is authorized to suspend the fulfilment of the obligations or to dissolve the License with You without incurring any liability for compensation in the event:
a) That You fail to fulfil Your obligations to Syncare, whether partly or in full;
b) Syncare finds out you do not use the App and/or the Services in accordance with professional standards;
c) Syncare receives complaints in respect of Your use of the App and/or the Services;
d) That Syncare becomes aware of circumstances that constitute valid grounds to expect that You will not timely fulfil Your total obligations;
e) That You were requested to furnish security for the fulfilment of Your obligations to Syncare and this security is not adequately furnished;
f) Of circumstances whose nature precludes that Syncare can be required to fulfil its obligations according to standards of reasonableness and fairness, or in the event of other circumstances whose nature precludes that Syncare may be reasonably expected to maintain its obligations without alteration.
5.3. In case Syncare determines that complaints in respect of Your behavior are incorrect or should not lead to further suspension of Your use of the App and/or the Services, Syncare shall allow You to continue the App and the Services. Under no circumstances Syncare shall become liable in any way if false complaints or wrong judgment of Your behavior, leads to suspension of Your use of the App and/or the Services.
5.4. Promptly upon termination, You must cease all use of the App and Services and remove and destroy all copies of the App in Your possession or control.
7.1. Any provisions in this end user agreement, which by their nature extend beyond the termination or expiration of any license under this end user agreement, will remain in effect after such termination.
7.2. If any provision of this end user agreement is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. In case of any such invalid provisions, Syncare will replace such invalid provisions.
8.1. Should You have any questions or suggestions concerning Your use of the App, the Services or this end-user agreement, You can contact Syncare via firstname.lastname@example.org
9.1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
10.1. This version of the end-user agreement is dated 03.10.2021