Terms of service

1. About these terms

DiaryCare is operated by George Elias, a sole trader, at 26 Strothers Avenue, Malvern, WR14 3RS, United Kingdom. Contact contact@diarycare.co.uk.

These terms form an agreement between DiaryCare and the business or practitioner that creates or uses a clinic account. They do not replace the terms between a clinic and its patients. If you use DiaryCare for a clinic, you confirm that you have authority to accept these terms for that clinic.

2. The service

DiaryCare provides clinic scheduling, hosted and embedded booking, staff and service configuration, notifications, reporting, billing, and optional third-party integrations. Features may vary by plan and may change as the service develops. DiaryCare is administrative software and does not provide medical advice, diagnosis, treatment, emergency services, or clinical records governance on a clinic's behalf.

3. Accounts and access

• You must provide accurate information and keep account and clinic details current.
• You are responsible for invitations, roles, permissions, connected practitioners, and activity under your clinic account.
• You must protect sign-in credentials, use individual accounts, and tell us promptly about suspected unauthorised access.
• You may use the service only for lawful business purposes and in accordance with these terms.

4. Clinic responsibilities

The clinic is responsible for:

• The accuracy of services, prices, locations, availability, practitioner information, booking rules, and patient communications.
• Providing the booked service, handling clinical questions and emergencies, and managing its professional and regulatory duties.
• Having a lawful basis and appropriate notices for patient information, including any health or other special-category data it chooses to collect.
• Configuring notification consent, retention, user access, exports, and deletion in line with its legal obligations.
• Checking appointments and integration status rather than relying on a single email, SMS, or external calendar as the sole record of a booking.

5. Subscriptions and usage charges

Plan price, billing interval, included features, and any usage charge are shown before purchase and in the clinic billing area. Stripe processes subscription payments. SMS and other metered features are chargeable when the product states a per-use rate, including an attempted message where the product says it is billed as sent. Taxes may apply. Contact us promptly if you believe an invoice is incorrect.

Cancellation stops future renewal in accordance with the billing information shown to the clinic. Charges already incurred remain payable unless law requires otherwise. We may change future pricing with reasonable advance notice.

6. Google Calendar and other integrations

Optional integrations are also governed by the provider's terms. When a practitioner connects Google Calendar, DiaryCare creates and manages a dedicated DiaryCare calendar and reads free/busy periods to avoid clashes. Primary-calendar event content remains private by default. The connected practitioner may separately opt in and re-authorise read-only access so clinic staff who already have access to that practitioner's web diary can see booking-relevant event details, including attachments and content marked private or confidential in Google. Another clinic role cannot grant that permission silently.

Opted-in external event details are fetched from the primary calendar when the web diary loads, are not persisted as DiaryCare records, remain read-only, and are not shown on public booking pages or in the DiaryCare mobile app. The practitioner and clinic are responsible for deciding whether primary-calendar content is appropriate to share with diary-authorised staff. The practitioner can disconnect at any time. DiaryCare cannot guarantee the availability, accuracy, or continued operation of Google, Stripe, Resend, Twilio, or another third-party service.

7. Acceptable use

You must not:

• Use DiaryCare unlawfully, fraudulently, to send unsolicited marketing, or to harm another person.
• Attempt to bypass tenant isolation, access controls, rate limits, security measures, or another clinic's data.
• Probe, disrupt, reverse engineer, scrape, resell, or overload the service except where law expressly permits it.
• Upload malware or content that infringes rights, is unlawful, or is unnecessary for appointment administration.
• Use the service as an emergency, life-critical, or safety-critical communications system.

8. Data protection and confidentiality

Our Privacy policy explains our own data handling. Where DiaryCare processes patient data for a clinic, the clinic is normally the controller and DiaryCare the processor. The parties will comply with applicable data protection law and any data processing terms agreed between them. Each party must protect the other's confidential information and use it only for the agreement, service delivery, security, or legal compliance.

9. Service availability and changes

We aim to provide a reliable service but cannot promise uninterrupted or error-free operation. Maintenance, internet failures, third-party outages, and security events may affect availability. We may change or discontinue a feature where reasonably necessary and will give notice of a material adverse change where practicable.

10. Intellectual property

DiaryCare and its software, design, documentation, and branding belong to us or our licensors. The clinic retains rights in its own content and grants us the limited permission needed to host, process, display, transmit, and back up that content to provide the service.

11. Suspension and termination

We may suspend access to protect users or the service, investigate suspected misuse, respond to non-payment, or comply with law. Either party may terminate in accordance with the subscription and account controls. We may terminate for a material breach that is not remedied within a reasonable period, or immediately for serious security, unlawful-use, or fraud concerns.

12. Liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation. Subject to that, DiaryCare is not responsible for clinical decisions, treatment, a clinic's acts or omissions, patient-provided information, or an external provider's service. We are not liable for indirect or consequential loss, loss of profit, or loss of anticipated savings. Any remaining aggregate liability arising from the service is limited to the fees paid by the clinic for the service in the 12 months before the event giving rise to the claim, to the extent permitted by law.

13. General

Neither party is liable for delay caused by events outside its reasonable control. A failure to enforce a term is not a waiver. If part of these terms is unenforceable, the remainder continues. You may not transfer the agreement without our written consent; we may transfer it as part of a business transfer while preserving your rights. These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction, subject to any mandatory rights that apply.

14. Changes and contact

We may update these terms. We will give reasonable notice of a material change before it takes effect. Questions can be sent to contact@diarycare.co.uk.