1.1 These Terms and Conditions ("Terms") govern your use of the CareKudos platform, website, and mobile applications (collectively, the "Platform") operated by CareKudos Ltd ("Company", "we", "us", "our").
1.2 By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
1.3 Throughout these Terms, "you" refers to the individual user or the organisation on whose behalf the Platform is being used.
1.4 These Terms incorporate by reference our Privacy Policy, Data Processing Agreement (DPA), and Cancellation Policy, which are available on our website.
1.5 CareKudos Ltd is registered with the Information Commissioner's Office (ICO). Registration Reference: ZC108498.
2.1 "Account" means the account created by you to access the Platform.
2.2 "Care Setting" means any care organisation registered with the Care Quality Commission (CQC) or equivalent regulatory body.
2.3 "Care Worker" means an individual employed or engaged by a Care Setting to provide care services.
2.4 "Content" means any text, images, or other information uploaded, posted, or shared on the Platform.
2.5 "CQC" means the Care Quality Commission, the independent regulator of health and social care in England.
2.6 "DPA" means our Data Processing Agreement, which governs how we handle your personal data.
2.7 "GDPR" means the UK General Data Protection Regulation and the Data Protection Act 2018.
2.8 "Platform" means the CareKudos software, website, and mobile applications.
2.9 "Service User" means an individual receiving care from a Care Setting.
2.10 "Subscription" means the paid plan for access to the Platform.
2.11 "Initial Term" means the minimum period of your Subscription, as set out in your Order Form or invoice.
2.12 "Renewal Term" means any subsequent period after the Initial Term.
2.13 "Fees" means the subscription fees payable by you for access to the Platform.
2.14 "Professional Services" means any onboarding, training, setup, or consultancy services provided by us.
2.15 "Pilot Programme" means the free 30-day evaluation programme offered to qualifying organisations.
3.1 To use the Platform, you must register for an Account. You must provide accurate, current, and complete information.
3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
3.3 You must notify us immediately of any unauthorised use of your Account.
3.4 We reserve the right to suspend or terminate your Account if any information provided proves inaccurate or if you breach these Terms.
3.5 Organisational accounts must be created by an authorised representative of the organisation.
4.1 The Platform provides a secure environment for:
4.1.1 Care Workers to share anonymised achievements and receive recognition.
4.1.2 Managers to monitor staff morale and generate CQC evidence.
4.1.3 Families to provide feedback and recognition.
4.1.4 Organisations to track culture and retention metrics.
4.1.5 Optional AI features that suggest wording for posts and draft CQC evidence narrative, subject to Section 10.
4.2 We may modify, update, or discontinue features at any time with reasonable notice.
4.3 We will use reasonable efforts to maintain Platform availability but do not guarantee uninterrupted access.
4.4 The Platform is provided "as is" and we do not warrant that it will meet all CQC requirements.
5.1 Subscription Plans: Subscription plans and pricing are available on our website and may be updated from time to time.
5.2 Minimum Term: All Subscription plans are subject to a minimum 12-month Initial Term, commencing from the date of the first invoice issued to you.
5.3 Automatic Renewal: Your Subscription will automatically renew for successive 12-month Renewal Terms unless you cancel in accordance with Section 5.9.
5.4 Payment Options: You may choose between:
5.4.1 Annual Payment: One payment covering the full 12-month term.
5.4.2 Monthly Payment: Monthly payments over the 12-month term.
5.5 Billing: Subscriptions are billed in advance on a monthly or annual basis as selected.
5.6 Payment Methods: Payments are accepted via Direct Debit, BACS transfer, or other methods as agreed.
5.7 Non-Refundable: Subscription fees are non-refundable except as required by law.
5.8 Fee Changes: We may change subscription fees with 30 days' notice. Continued use after the change constitutes acceptance.
5.9 Cancellation: You may cancel your Subscription by providing written notice to your Account Manager or by emailing cancellations@carekudos.co.uk.
5.9.1 Notice must be received at least 30 days before the end of the current Subscription term.
5.9.2 If notice is not received within this period, your Subscription will automatically renew for a further 12-month term.
5.9.3 Cancellation during the Initial Term is not permitted except as provided in Section 5.10.
5.10 Early Termination: If you wish to terminate before the end of your Initial Term, you may do so by paying an early termination fee equal to 50% of the remaining subscription fees for the unexpired term.
The full Cancellation Policy, including terms for Professional Services and our 30-day Pilot Programme, is available on our website.
5.11 Payment Failure: If payment fails, we may suspend access until payment is received.
5.12 Late Payment: If any invoiced amount is not received by the due date, we may charge interest on the overdue amount at the rate of 4% per annum above the Bank of England's base rate.
5.13 Upgrade/Downgrade: You may upgrade your plan at any time. Downgrades will take effect at the next Renewal Term.
6.1 CareKudos offers a 30-day Pilot Programme to qualifying organisations who have never used a recognition solution before.
6.2 The Pilot Programme is free of charge and creates no obligation to purchase a paid subscription.
6.3 During the Pilot Period, you will have access to core Platform features as set out in the Pilot Programme Agreement.
6.4 At the end of the Pilot Period, you may either:
6.4.1 Convert to a paid subscription (subject to the terms in Section 5); or
6.4.2 Opt out with no further obligation.
6.5 Participation in the Pilot Programme is conditional upon completion of the mandatory exit survey.
6.6 The Pilot Programme is governed by our separate Pilot Programme Agreement, available on request.
7.1 You are solely responsible for all Content you post on the Platform.
7.2 You agree that all Content will:
7.3 You grant us a non-exclusive, royalty-free license to use, reproduce, and display your Content for the purpose of operating the Platform.
7.4 We reserve the right to review, moderate, or remove any Content that violates these Terms.
7.5 We may use automated scanning tools to detect potential GDPR breaches and flag content for review.
8.1 We process personal data in accordance with our Privacy Policy and the Data Processing Agreement (DPA).
8.2 The DPA is available at carekudos.co.uk/dpa and forms part of these Terms.
8.3 The Company acts as a Data Processor for Care Setting customer accounts and as a Data Controller for user account information.
8.4 Care Settings are Data Controllers for the personal data of their staff and Service Users.
8.5 All parties agree to comply with their respective obligations under GDPR.
8.6 CareKudos Ltd is registered with the Information Commissioner's Office (ICO). Registration Reference: ZC108498.
9.1 The CQC Evidence Builder is a tool to assist you in preparing for CQC inspections.
9.2 It is not a substitute for professional compliance advice.
9.3 You are solely responsible for ensuring your own compliance with all applicable regulations, including CQC standards.
9.4 We do not warrant that the Platform will ensure a particular CQC rating.
10.1 The Platform offers optional AI features: AI writing help, which suggests wording for a recognition post, and AI-drafted narrative in monthly CQC evidence reports (web app only).
10.2 AI features are disabled unless your organisation enables them. AI writing help additionally requires your individual consent, given in the app after reading the disclosure, and may be withdrawn at any time in Settings.
10.3 When you use AI writing help, the text you have typed is transmitted to a third-party AI provider selected by your organisation — OpenAI, L.L.C., Anthropic PBC, or Google LLC — which processes it in the United States and returns a suggestion. Section 7 of the Privacy Policy sets out in full what is sent, to whom, and on what terms.
10.4 You remain solely responsible for Content you publish, including Content derived from an AI suggestion. Section 7.2 applies in full: you must not type the name of, or any detail identifying, a Service User, whether or not you are using AI.
10.5 AI output is generated automatically and may be inaccurate, incomplete or unsuitable. You must review every suggestion before publishing it. Nothing is published without your action.
10.6 We do not warrant the accuracy, quality or fitness for purpose of any AI output, and AI output does not constitute professional, clinical, employment or compliance advice. Section 9 applies to AI-drafted CQC evidence content in the same way as to the rest of the CQC Evidence Builder.
10.7 No employment, disciplinary or assessment decision is made by AI on the Platform. AI features produce suggestions only.
10.8 Neither we nor our AI providers use your Content to train AI models. Our providers are contractually prohibited from doing so.
10.9 We may change AI provider, or withdraw AI features, on notice. Where a change materially alters what is shared or with whom, we will ask for your consent again before any further data is sent.
11.1 The Platform, including its software, design, graphics, and content (excluding user Content), is owned by CareKudos Ltd and protected by intellectual property laws.
11.2 You may not copy, modify, distribute, sell, or lease any part of the Platform without our written permission.
11.3 You retain ownership of your Content, but grant us the license set out in Section 7.3.
12.1 Both parties may have access to confidential information of the other party.
12.2 Confidential information shall not be disclosed to third parties except as required by law or as necessary to perform under these Terms.
12.3 This obligation survives termination of these Terms.
13.1 The Platform may contain links to third-party websites or services.
13.2 We are not responsible for the content or practices of third-party sites.
13.3 Your use of third-party services is at your own risk.
14.1 We will use our reasonable endeavours to ensure the Platform is available 99.5% of the time, excluding scheduled maintenance.
14.2 We will respond to support requests within 4 business hours during normal working hours (9:00 AM – 5:00 PM GMT, Monday to Friday).
14.3 Scheduled maintenance will be communicated to you at least 48 hours in advance where practicable.
15.1 If you cancel any Professional Services (e.g., onboarding, training, setup), the following cancellation policy applies:
| When You Cancel | Cancellation Fee |
|---|---|
| Within 5 Business Days of the agreed start date | 100% of the relevant Fees |
| Between 6 and 9 Business Days of the agreed start date | 50% of the relevant Fees |
| 10 or more Business Days before the agreed start date | No cancellation fee |
15.2 If your act or omission causes a delay or impediment to delivery, we may charge at our standard rates for additional time incurred.
15.3 The calculation methods outlined herein represent a genuine pre-estimation of loss.
15.4 The charges in Section 15.1 shall be payable within 30 days following invoice.
16.1 To the maximum extent permitted by law, the Platform is provided "as is" without warranties of any kind.
16.2 We do not warrant that the Platform will be uninterrupted, error-free, or secure.
16.3 We shall not be liable for:
16.3.1 Any indirect, incidental, or consequential damages.
16.3.2 Loss of profits, data, or goodwill.
16.3.3 Any damages exceeding the total fees paid by you in the 12 months preceding the claim.
16.4 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
17.1 You agree to indemnify and hold us harmless from any claims, losses, or damages arising from:
17.1.1 Your breach of these Terms.
17.1.2 Your violation of applicable law.
17.1.3 Your Content.
17.1.4 Your use of the Platform.
18.1 You may terminate your Account in accordance with Section 5.9.
18.2 We may suspend or terminate your Account for breach of these Terms.
18.3 Upon termination:
18.3.1 Your right to access the Platform ceases immediately.
18.3.2 We may retain your data as required by law or our data retention policy.
18.3.3 Sections 8, 10, 11, 15, 16, and 18 survive termination.
19.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by an event outside its reasonable control, including (but not limited to) acts of God, war, terrorism, civil unrest, strikes, or governmental action.
20.1 We may update these Terms from time to time.
20.2 We will notify you of material changes by email or through the Platform.
20.3 If you do not agree to any variation, you may terminate the Agreement by written notice within 30 days of notification.
20.4 Continued use of the Platform after changes constitutes acceptance of the updated Terms.
21.1 These Terms are governed by the laws of England and Wales.
21.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21.3 We encourage you to contact us first to resolve any issues informally.
22.1 If any provision of these Terms is found to be unenforceable, the remaining provisions remain in effect.
22.2 Our failure to enforce any right does not waive that right.
22.3 These Terms constitute the entire agreement between you and us regarding the Platform.
22.4 You may not assign these Terms without our written consent.
22.5 We may assign these Terms to an affiliate or successor.
CareKudos Ltd
Registered Address: 1 Langley Road | Isleworth | London | TW7 5AH | UNITED KINGDOM
Email: hello@carekudos.co.uk
Legal: legal@carekudos.co.uk
Cancellations: cancellations@carekudos.co.uk
Phone: +44 7944200094
Company Number: 17013021
ICO Registration: ZC108498
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