CuraFlow Care — Terms of Use

This agreement is between Cura Compliance UK Limited (company no. 15946204, registered in England and Wales; "we", "us") and the organisation whose account you are accepting on behalf of ("you", "your organisation").

It sits alongside our Privacy Notice and our Data Processing Agreement, both of which also apply.

1. What the service does

CuraFlow Care is a care documentation system: person-centred care plans, risk assessments and point-of-care daily notes for people your organisation supports.

2. Licence and access

We grant your organisation a non-exclusive, non-transferable licence to use the service for the internal purposes of delivering and recording care, for as long as your subscription is active.

You must not sell, resell or sub-licence access, or use the service on behalf of another provider.

3. Accounts and access control

Care records are confidential. You are responsible for:

• Giving access only to people who need it for their role, and removing access promptly when someone leaves or changes role.
• Making sure every user has their own account. Shared logins destroy the audit trail and make it impossible to tell who recorded what.
• Keeping credentials secure and telling us promptly if you suspect a compromise.

4. The records are yours

You are the controller of the care records you create in the service. We are your processor, and we only act on your instructions. This is set out in full in the Data Processing Agreement, which you will be asked to sign separately.

You are responsible for the accuracy and completeness of what your staff record, and for meeting your own statutory record-keeping duties.

5. Retention and getting your data out

Care records carry statutory retention periods that are often far longer than a software subscription. Adult social care records are generally retained for 8 years after the last entry, and children's records for considerably longer — in some cases until the person's 75th birthday.

Because of that:

• You can export your records at any time while your subscription is active.
• After your subscription ends you will have 90 days to export everything, during which the data remains available to you.
• After 90 days we may delete your data. We are not your archive. Meeting your statutory retention obligations is your responsibility, and you should export and store records in your own systems.

We will not delete records during an active subscription except on your instruction.

6. Availability

We aim to keep the service available but do not guarantee uninterrupted access. You must have a documented fallback (for example paper recording) for periods when the service, your internet connection or your devices are unavailable. A care service cannot stop recording because software is down.

7. What we do not promise

• The service is a recording tool, not clinical advice. It does not make care decisions and does not replace professional judgement.
• We do not guarantee any regulatory outcome. Using CuraFlow Care does not guarantee a successful inspection or any particular rating.
• We are not responsible for the quality of the care you deliver or the accuracy of what your staff record.

8. Liability

Nothing here limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for loss of profit, loss of business, regulatory enforcement action, or any indirect or consequential loss. Our total liability to you is limited to the amount you paid us in the twelve months before the claim arose.

9. Changes

If we change this agreement materially we will publish a new version and ask you to accept it. You can see the version you accepted, and its wording at the time, in your account.

10. Governing law

This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.