Terms of Service

These Terms of Service govern your use of ACT360, a compliance and leadership platform designed to empower care providers with intelligent tools for auditing, risk management, and regulatory readiness. By using ACT360, you agree to operate within a framework of transparency, accountability, and continuous improvement.

1. Acceptance of Terms

By accessing or using the ACT360 application (the "Service"), provided by ENSEAK Solutions Ltd ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service. Your use of the Service is also governed by our Privacy Policy.

2. Service Description

ACT360 is a software-as-a-service (SaaS) platform designed to assist care providers with compliance, auditing, risk management, and quality assurance. The features include, but are not limited to, a custom audit builder, audit scheduling, action plan management, analytics dashboards, and AI-powered compliance assistance. The Service is provided on a subscription basis.

3. User Accounts & Responsibilities

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your password and for all activities that occur under your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Users may be assigned specific roles (e.g., Manager, Staff, Inspector) which determine their access level and permissions within the Service. You agree not to circumvent or misrepresent your role to gain unauthorized access.

Your organisation retains ownership of all resident and operational data entered into the Service. ACT360 acts solely as a processor of this data. You, the user, and your organisation are solely responsible for the accuracy, legality, and appropriateness of all data, information, and content you upload to the Service, including resident data, audit findings, and event reports.

4. Subscriptions and Payments

The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select. No refunds are provided for partial billing cycles.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. A valid payment method is required to process the payment for your Subscription.

Each site or location under an organisation may be treated as a separate subscription unless otherwise agreed in writing.

5. Free Trial

The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

6. Use of AI Features

The Service includes features that utilize artificial intelligence (AI) to provide suggestions, analysis, and generate content (e.g., audit questions, action plan tasks). You acknowledge that:

• AI-generated output is for informational and advisory purposes only and does not constitute professional or legal advice.
• You are solely responsible for reviewing, validating, and approving any AI-generated content before use or implementation.
• The Company is not liable for any inaccuracies, errors, or omissions in AI-generated output or for any decisions made based on such output.
• AI-generated inspection scenarios, audit simulations, and domain scoring insights are intended to support managerial decision-making and regulatory preparedness. These outputs do not guarantee inspection outcomes.
• We utilize trusted third-party sub-processors (such as Google Cloud Vertex AI / OpenAI) to process AI queries. Your data is strictly encrypted, processed temporarily for the request, and under no circumstances used to train public foundational AI models.

7. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of ENSEAK Solutions Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

8. Limitation of Liability

In no event shall ENSEAK Solutions Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

The Company shall not be liable for any regulatory penalties, inspection outcomes, or enforcement actions resulting from the use or non-use of the Service.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

Upon termination, you may request a copy of your data within 30 days. After this period, the Company reserves the right to delete all user data in accordance with its data retention policy.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Service Availability & Uptime

While we strive to maintain 99.9% uptime, the Service may be temporarily unavailable due to maintenance, updates, or unforeseen issues. We will make reasonable efforts to notify users in advance.

12. Feature Evolution

The Company may update, modify, or discontinue features of the Service at any time. We will make reasonable efforts to notify users of significant changes that may affect functionality or access.

13. Third-Party Integrations

The Service may integrate with third-party platforms (e.g., payment processors, training providers). The Company is not responsible for the content, functionality, or data handling practices of these third-party services.

14. Feedback and Feature Suggestions

Any feedback, suggestions, or ideas submitted by users regarding the Service may be used by the Company without obligation or compensation. You grant us a non-exclusive, royalty-free license to use such input to improve the Service.

15. Data Backup & Recovery

While the Company implements regular data backups for its infrastructure, users are responsible for regularly exporting their own data for their records. The Company is not liable for any loss of data.

16. Inspection Readiness Disclaimer

While the Service provides tools to support regulatory compliance and inspection preparation, the Company does not guarantee inspection outcomes or regulatory approvals. Users are responsible for ensuring their practices meet applicable standards.

Furthermore, throughout the platform, we utilize various scoring systems, dashboard scorecards, and CQC framework Quality Statement scoring to assist in quality monitoring. These scoring systems are provided solely for internal representation, benchmarking, and continuous improvement tracking. They do not equate to, nor should they be interpreted as, a real or official regulatory rating from the Care Quality Commission (CQC) or any other regulatory body.

17. Indemnification

You agree to indemnify and hold harmless ENSEAK Solutions Ltd, its directors, employees, and affiliates, from and against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of your use of the Service, your data, or your breach of these Terms.

18. Data Protection & Privacy

The Company processes personal data in accordance with the UK GDPR and the Data Protection Act 2018. For more information, please refer to our Privacy Policy.

19. Managerial Tools Disclaimer

The Service may include tools designed to support managerial decision-making, such as rota planners, digital diaries, and domain scoring insights. These tools are intended to enhance operational clarity and leadership reflection but do not replace professional judgment or regulatory obligations.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by the Company, constitute the entire agreement between you and ENSEAK Solutions Ltd regarding the Service and supersede all prior agreements or understandings.

21. Contact Us

For any questions about these Terms, please contact us via the support section in the app.