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Terms and Conditions for InfecSure Software

Effective Date: 24th November, 2024

These Terms and Conditions (“Terms”) govern your access to and use of InfecSure (“the Software”), including any content, features, tools, and services provided by the Software, which is operated by Ciphonyx Solutions Ltd ® (“the Company,” “we,” “our,” or “us”). By accessing or using the Software, you agree to comply with and be bound by these Terms and any additional policies, guidelines, or terms referenced herein.

Please read these Terms carefully. If you do not agree to these Terms, you should not use the Software.

1. Use of Software

1.1 Authorized Users:

You may only use the Software if your organization have registered with us and are authorized to access the Software. You agree to provide accurate and complete information during registration, including your identity, contact details, and payment information (if applicable).

1.2 License Grant:

Subject to your compliance with these Terms, Ciphonyx Solutions Ltd ® grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for its intended purposes, which include performing audits, tracking performance, and managing data relevant to your organization’s audit processes.

1.3 Restrictions on Use:

You shall not:

  • Copy, modify, or distribute any part of the Software without express written permission from the Company.
  • Reverse engineer, decompile, or disassemble the Software.
  • Use the Software for any unlawful, unauthorized, or malicious activity.
  • Attempt to interfere with the functionality of the Software.

2. Data Protection and Privacy

2.1 Compliance with Data Protection Laws:

We are committed to protecting your privacy and personal data. Ciphonyx Solutions Ltd complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) in the European Union, and other relevant data protection laws and regulations. Additionally, we adhere to the Caldicott Principles for the handling and sharing of personal data in health and social care contexts.

2.2 Data Collection:

When you use the Software, we may collect personal and organizational data, including but not limited to:

  • Personal identification information (e.g., name, email address, phone number).
  • Audit-related data (e.g., audit reports, internal documents, performance records).
  • Payment details, where applicable.
2.3 Data Usage:

The data you provide will be used for the following purposes:

  • To provide, operate, and improve the Software.
  • To communicate with you, including for support, billing, or product updates.
  • For compliance with legal obligations or contractual requirements.
  • To perform audits and provide relevant reports and insights.
2.4 Data Retention:

We will retain your data only for as long as necessary to fulfill the purposes outlined in these Terms or as required by law. Upon termination or request, we will securely delete or anonymize your data where possible.

2.5 Data Processing Agreement:

If applicable, the Company will enter into a Data Processing Agreement (DPA) with you, outlining the roles and responsibilities of both parties regarding the handling of personal data, especially where sensitive personal data may be processed.

2.6 Security Measures:

We implement industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. However, you acknowledge that no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

2.7 User Responsibility:

You are responsible for ensuring that any personal or sensitive data entered into the Software complies with data protection regulations. This includes obtaining necessary consents and permissions for data processing where applicable.

2.8 Caldicott Principles:

In accordance with the Caldicott Principles, which are widely recognized for ensuring the appropriate use of personal data in health and social care contexts, we adhere to the following key principles:

  • Justify the purpose(s): We will ensure that personal data is only shared for legitimate, specified purposes related to the audit process and the provision of the Software’s services.
  • Do not use personal data unless absolutely necessary: We will only collect, use, and share personal data when it is necessary for the specified purposes and in compliance with applicable laws.
  • Use the minimum necessary data: We will ensure that only the minimum amount of personal data required for the purpose is shared or processed.
  • Access to personal data is on a strict need-to-know basis: We will restrict access to personal data to those who need it to perform their tasks and responsibilities.
  • Ensure that personal data is accurate and up to date: We will take reasonable steps to ensure that the personal data we process is accurate and, where necessary, kept up to date.
  • Ensure that personal data is kept for no longer than necessary: We will not retain personal data for longer than necessary to fulfill the purpose for which it was collected or as required by law.
  • Ensure that personal data is securely protected: We will use appropriate technical and organizational measures to protect personal data from unauthorized or unlawful processing, accidental loss, destruction, or damage.

    • 3. Intellectual Property

    3.1 Ownership:

    The Software and all related content, features, tools, designs, logos, and trademarks are the exclusive property of Ciphonyx Solutions Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use these assets without our prior written consent.

    3.2 License Restrictions:

    By using the Software, you do not acquire any rights, title, or interest in the Software or its content, other than the limited license granted under Section 1.2. You must not claim ownership of any content created within the Software or reverse engineer any part of it.

    4. User Obligations and Conduct

    4.1 Responsibility for Data:

    You are solely responsible for all data you input, upload, or share using the Software. The Company does not assume any responsibility or liability for the accuracy, legality, or completeness of the data you provide.

    4.2 Compliance with Laws:

    You agree to use the Software in accordance with all applicable local, national, and international laws, including those governing data protection and privacy.

    4.3 Prohibited Activities:

    You shall not use the Software to:

    • Violate the intellectual property or privacy rights of others.
    • Transmit viruses, malware, or other harmful software.
    • Engage in fraudulent or illegal activities.
    • Disrupt the operation of the Software or its underlying systems.

    5. Termination

    5.1 Termination by You:

    You may terminate your account at any time by notifying the Company in writing. Upon termination, you will no longer be able to access your account or use the Software.

    5.2 Termination by Company:

    The Company may suspend or terminate your access to the Software if you violate these Terms, engage in unlawful activities, or otherwise fail to comply with the Company’s policies. Upon termination, you must cease all use of the Software and destroy any copies of it in your possession.

    5.3 Data Deletion:

    Upon termination, we will delete or anonymize your data as per our data retention policy.

    6. Limitation of Liability

    To the fullest extent permitted by law, Ciphonyx Solutions Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising out of your use or inability to use the Software, including, but not limited to, loss of profits, data, or business opportunities, even if the Company has been advised of the possibility of such damages.

    7. Indemnity

    You agree to indemnify, defend, and hold harmless Ciphonyx Solutions Ltd ®, its officers, directors, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising out of or related to your use of the Software, your data, or your violation of these Terms.

    8. Amendments and Updates

    8.1 Changes to Terms:

    Ciphonyx Solutions Ltd reserves the right to modify, update, or amend these Terms at any time. Any changes will be posted on the Software or the Company’s website. Continued use of the Software after such changes constitutes your acceptance of the updated Terms.

    9. Governing Law and Dispute Resolution

    9.1 Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.

    9.2 Dispute Resolution

    Any dispute arising out of or relating to these Terms or the Software will be resolved through binding arbitration in the United Kingdom, in accordance with the rules of [Arbitration Organization].

    10. Contact Information

    If you have any questions about these Terms, please contact us at:

    Ciphonyx Solutions Ltd ®
    [Company Address]
    [Email Address]
    [Phone Number]
    [Website URL]

    By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.