TERMS OF USE: PATIENTCENTRE

OPERATED BY NERVECENTRE SOFTWARE LTD

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. THEY CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND SPECIFIC REQUIREMENTS REGARDING YOUR RESPONSIBILITIES FOR YOUR OWN HEALTH DATA.

1. WHO WE ARE AND HOW TO CONTACT US

1.1. The App: Patientcentre (the "App") is a mobile application available on iOS and Android.

1.2. The Provider: The App is operated by Nervecentre Software Ltd ("we", "us", or "our"). We are a company registered in England and Wales (Company No: 07166008) with our registered office at Denmark Court, 18 Market Place, Wokingham, Berkshire, RG40 1AL. 

1.3. Our Role: We provide the software platform that connects you to your healthcare data. We are not a healthcare provider, a hospital, or a medical clinic. We do not provide medical advice, diagnosis, or treatment.

2. BINDING AGREEMENT AND AMENDMENTS

2.1. Acceptance: By downloading, registering for, or using the App, you agree to be bound by these Terms. If you do not agree, you must delete the App immediately.

2.2. Changes to Terms: We may amend these Terms from time to time (for example, to reflect changes in law or new App features). We will notify you of significant changes via an in-app alert or email. Your continued use of the App following such changes constitutes acceptance of the new Terms.

2.3. Appstore Terms: When you download or use the App you will also be subject to the terms, guidelines and conditions applicable to either the Apple App Store or the Google Play Store (the ‘Appstore Rules”), depending on how you downloaded the App. If these Terms of Use are inconsistent with the Appstore Rules, these Terms of Use will prevail.

3. THE "NOT FOR EMERGENCIES" RULE

3.1. NO EMERGENCY USE: The App and its messaging features are NOT intended for emergency or urgent clinical use.

3.2. Response Times: Healthcare organisations do not monitor messages sent via the App in real-time. There is no guarantee that a clinician will see your message within a specific timeframe.

3.3. What to do in an Emergency: If you are experiencing a medical emergency (such as chest pain, difficulty breathing, heavy bleeding, or symptoms of a stroke), you must IMMEDIATELY DIAL 999 or go to your nearest Accident & Emergency (A&E) department. Do not use the App to communicate an emergency.

4. ELIGIBILITY AND AUTHENTICATION

4.1. Age Requirement: You must be at least 16 years of age to register for an account and use the App.

4.2. NHS login: Access to the App is exclusively provided via NHS login.

• We do not manage your NHS login credentials.

• Any issues with your NHS login (e.g., forgotten passwords or identity verification failures) must be resolved through the NHS England help desk.

• You are responsible for any activity that occurs through your account. If you suspect your account has been compromised, you must notify us and the NHS login service immediately.

5. PROXY ACCESS AND DATA SHARING

5.1. Sharing Functionality: The App allows you to share your health data with other Patientcentre users (e.g., family, friends, or carers) who will be able to act on your behalf.. 

5.2. Your Responsibility: You acknowledge that sharing your health data is done entirely at your own risk. You are responsible for ensuring that the person you share data with is someone you trust. 

5.3. Proxy Eligibility: Both the "Proxy" (the person receiving access) and the "Subject" (the person whose data is being shared) must be at least 16 years old.

5.4. Withdrawal of Access: You may revoke a proxy’s access at any time through the App settings, but we are not responsible for any data they may have viewed, downloaded, or recorded in the App prior to that revocation.

6. THE NATURE OF DATA IN THE APP

6.1. Data Sources: The App displays two types of data:

• Trust Data: Information provided by healthcare organisations (e.g., blood test results, letters, appointment dates).

• User Data: Information you enter yourself (e.g., clinical observations, completed forms, or medication logs).

6.2. No Clinical Validation by Nervecentre: Nervecentre does not review, validate, or verify the accuracy of any data (Trust or User) displayed in the App.

6.3. Errors in Trust Data: If you see an error in your medical record (e.g., an incorrect diagnosis or a result that does not belong to you), you must contact the relevant Hospital Trust or Healthcare Organisation directly. We have no legal or technical authority to alter clinical records held by a Trust.

7. USER CONDUCT AND SUBMISSIONS

7.1. Accuracy of Input: When completing clinical forms, questionnaires, or recording observations (e.g., heart rate or blood pressure), you warrant that the information is accurate and pertains to you. Providing false or misleading health data can be dangerous to your clinical care.

7.2. Prohibited Use: You must not:

• Use the App for any unlawful purpose.

• Upload any content that is offensive, defamatory, or infringes on the rights of others.

• Attempt to reverse-engineer, "scrape," or interfere with the technical operation of the App.

• Use the messaging feature to harass or abuse healthcare staff.

8. CLINICAL SAFETY AND MEDICAL DISCLAIMER

8.1. Not Medical Advice: The App is a tool to facilitate communication and data access. It does not provide medical advice. Any automated features (such as medication reminders or graph visualisations of your data) are for information only and must not be used as the sole basis for making medical decisions.

8.2. Reliance on Information: You should always consult with a qualified healthcare professional before taking, or refraining from, any action based on the content within the App.

8.3. Data Lag: While we strive for real-time updates, there may be a delay between a Healthcare Organisation updating your record and that data appearing in the App. Do not rely on the App for time-critical clinical information.

8.4. User-Entered Data: You are solely responsible for the accuracy of any data you enter (e.g., blood pressure readings, symptoms). If you enter incorrect data, it may be viewed by your clinical team and could affect your treatment. Nervecentre is not liable for any clinical outcomes resulting from inaccurate data entered by you.

9. LIMITATION OF OUR LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LEGAL RESPONSIBILITIES.

9.1. No Exclusion of Certain Liabilities: Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence;

• Fraud or fraudulent misrepresentation;

• Any other liability that cannot be excluded or limited by the laws of England and Wales.

9.2. Exclusion of Liability for Third-Party Data: Nervecentre is a software provider. We have no control over the clinical accuracy, completeness, or timeliness of the data provided by Healthcare Organisations ("Trusts"). Consequently, to the maximum extent permitted by law, we are not liable for any loss or damage (including clinical harm) caused by:

• Inaccurate or incomplete medical records provided by a Trust;

• Technical failures at the Trust level that prevent data from reaching the App;

• Actions or omissions by healthcare professionals based on data viewed within the App.

9.3. Technical Limitations: We are not liable for any loss or damage caused by:

• A virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device;

• Your failure to apply a necessary App update;

• Unauthorised access to your data resulting from you losing your device or failing to secure your NHS login.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Ownership: We are the owner or the licensee of all intellectual property rights in the App and the Nervecentre Patient Platform. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2. Limited Licence: We grant you a personal, non-transferable, non-exclusive licence to use the App on your mobile device for your personal, non-commercial use only.

10.3. Restrictions: You must not copy, modify, distribute, sell, or lease any part of our App, nor may you reverse-engineer or attempt to extract the source code of that software.

11. TERMINATION AND SUSPENSION

11.1. Our Right to Terminate: We may end your right to use the App at any time by contacting you if you have broken these Terms in a serious way.

11.2. Your Right to Terminate: You may stop using the App at any time by deleting it from your device.

11.3. Effect of Termination: If your rights are terminated:

• You must stop all activities authorised by these Terms, including your use of the App.

• You must delete the App from all devices in your possession.

• We may remotely disable your access to the Nervecentre Patient Platform.

12. DATA PROTECTION AND PRIVACY

12.1. Privacy Policy: We only use your personal data as set out in our Privacy Policy.

12.2. Roles: For the purposes of UK GDPR, you acknowledge that:

• Your Healthcare Organisation (Trust) is the "Data Controller" for your official medical records.

• Nervecentre Software Ltd is the "Data Processor" acting on behalf of the Trust to display that data to you.

• NHS England is the “Data Controller” for any personal information you provided to NHS England to get an NHS login account and verify your identity, and uses that personal information solely for that single purpose. For this personal information, the role of Nervecentre Software Ltd is the “Data Processor” only and we must act under the instructions provided by NHS England (as the “Data Controller”) when verifying your identity.

13. GENERAL PROVISIONS

13.1. Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.2. Third-Party Rights: These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

13.3. Transfer of Agreement: We may transfer our rights and obligations under these Terms to another organisation (for example, if our business is sold). We will always tell you in writing if this happens and ensure the transfer does not affect your rights under the contract.

14. GOVERNING LAW AND JURISDICTION

14.1. Governing Law: These Terms, their subject matter, and their formation are governed by the laws of England and Wales.

14.2. Jurisdiction: You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes.