Care Daily — Terms and Conditions
NXT Digital Ltd, trading as Care Daily Registered in England and Wales, company number 13265961 Registered office: 412 Stretford Road, Aura Court Business Centre, Manchester, M15 4AE, United Kingdom
Version 2.0 — Effective from: 01 March 2026
Before you begin
These terms form a binding contract between you and NXT Digital Ltd, which trades as Care Daily. They govern your use of the Care Daily platform, including our policy and document management service, our care management system, our mobile applications, our registration support hubs, and any migration or implementation services we provide.
Please read them properly. If you are a care provider, several sections carry real operational consequences for how you meet your obligations to your regulator, and it is worth knowing what they say before you rely on the platform to evidence anything.
If you do not agree to these terms, do not use the Services.
Some of the people using Care Daily under your account — your carers, your administrators, your managers — will not have read this document and will not have agreed to it. That is normal, and it is why clause 5 places responsibility on you for their use of the platform. Make sure whoever signs is authorised to bind your organisation.
1. Parties and structure of this agreement
1.1 These terms are between NXT Digital Ltd, a company registered in England and Wales under number 13265961 and trading as Care Daily ("Care Daily", "we", "us", "our") and the organisation identified on the Order Form or the account registration ("you", "your", "the Customer").
1.2 This agreement is made up of the following documents, which together form the whole of what has been agreed between us:
(a) these Terms and Conditions; (b) the Order Form, which means whichever of a signed order form, a written quotation you have accepted, or an online checkout confirmation records your subscription tier, licence type, term and fees; (c) the Data Processing Agreement at clause 12 and its annexes; (d) the Acceptable Use provisions at clause 17; (e) where migration services are purchased or included, the Migration Terms at clause 11 and any Data Extraction Mandate signed under them; (f) any Statement of Work for professional services; and (g) our Privacy Policy, available at https://www.caredaily.co.uk/company/pages/privacy-policy.
1.3 Where there is a conflict between these documents, the order of precedence is: a signed Data Extraction Mandate, then a signed Statement of Work, then the Order Form, then the Data Processing Agreement, then these Terms and Conditions.
1.4 Nothing in marketing material, a demonstration, a proposal or a sales conversation forms part of this agreement unless it is recorded on the Order Form. If something matters to you, get it on the Order Form.
1.4A How you accept these terms. You accept these terms by whichever of the following happens first: starting a free trial, completing an online checkout, signing an Order Form, or accessing the Services. These terms are published openly at [terms.url] and are not negotiated as a precondition of signing up, which is why clause 22 gives you notice and an exit route if we change them.
1.5 Previous branding. Care Daily was previously known as Caredaily. The change was to the trading name only; the contracting entity, NXT Digital Ltd, has not changed. If your account was opened under the Caredaily brand, your agreement continues with the same company and these terms replace the terms you accepted at that time, in accordance with clause 22.
2. Definitions
Administrator means a user you designate with permission to configure your account, manage other users and access organisation-wide data.
Care Record means any record relating to an individual receiving care or support, including assessments, care and support plans, daily notes, medication administration records, incident records, body maps and risk assessments.
Customer Data means all data, documents, records and content that you, your Users, or we on your instruction, load into or generate within the Services. This includes Care Records, staff records, your own policies and documents, and any data migrated from a previous system.
Document Licence means a one-off, perpetual licence to a specified policy or document template, purchased outside a subscription.
Migration Services means the services described at clause 11.
Order Form means the document, quotation, or online checkout confirmation recording your subscription tier, licence type, contract term, user or client numbers, and fees.
Platform Content means the policy templates, procedure templates, form templates, training content, guidance notes, prompts, frameworks and other material we make available within the Services. Platform Content is ours, not yours, until you adopt and adapt it — see clause 8.
Services means the Care Daily platform and any part of it that you have subscribed to or licensed, including the web application, the Care Daily Pro mobile application, APIs, and any associated support.
Special Category Data has the meaning given in the UK GDPR, and in the context of the Services will routinely include health data relating to the people you support.
Subscription Term means the period stated on your Order Form, and each subsequent renewal period.
User means any individual you permit to access the Services under your account, including your employees, workers, agency staff, contractors, directors and, where you enable it, family members or representatives of the people you support.
3. What the Services are
Care Daily provides two related product lines. You may subscribe to either or both.
3.1 Policy and document management
This part of the Services gives you a library of policy and procedure templates, a document repository with version control, an approval and review workflow, distribution to Users with acknowledgement tracking, and reporting on who has read what. Depending on your plan you may hold these under a subscription or purchase individual Document Licences outright.
3.2 Care management
This part of the Services supports the operational delivery of care. Depending on your subscription tier and the sectors you have configured, it may include client and service user management, assessments, care and support planning, rostering and scheduling, visit management, electronic call monitoring, route planning, electronic medication administration records, daily logging, incident and complaint recording, staff management, training and compliance tracking, timesheets, invoicing, and reporting.
3.3 Mobile applications
Care Daily Pro is the mobile application for staff. Use of the mobile application is subject to these terms and additionally to the terms of the relevant app store. Certain features, including clock-in and clock-out, use location data from the device. Clause 12.9 sets out what happens to that data and what you must tell your staff about it.
3.4 Registration hubs and support products
We offer structured support products for providers applying for registration with a regulator. These provide templates, guidance, structure and review. They are support products. They are not an application service, we do not submit applications on your behalf unless expressly agreed in writing, and clause 9 applies to them in full.
3.5 Sector configuration
The Services support domiciliary care, supported living, supported accommodation, residential and nursing care homes, and children's homes. Features, terminology and data models differ between sector configurations. Your Order Form records which configurations you have licensed, and using the platform for a sector you have not licensed is a breach of this agreement.
3.6 What we may change
We develop the Services continuously and may add, alter, or improve features. We will not remove or materially degrade a feature you rely on without giving you at least sixty days' notice, and if a change materially and adversely affects your use of the Services, you may terminate under clause 15.4 without penalty.
4. Your account and your Users
4.1 You must give accurate registration information and keep it current. This includes your legal entity name, registered address, and your registration details with any regulator, since these appear on documents the platform generates.
4.2 Accounts are issued to named individuals. Users must not share login credentials, and you must not create shared or generic accounts for multiple people. This is not a commercial restriction on our part; it is what makes the audit trail meaningful, and an audit trail that cannot identify who did what is worthless to you at inspection.
4.3 You are responsible for all activity under your account, whether or not you authorised it.
4.4 You must remove access promptly when a User leaves your organisation or changes role. We provide the tools; the obligation is yours.
4.5 Where your subscription is priced by user numbers, client numbers, or sites, you must keep those numbers accurate. If your actual usage exceeds what you have licensed, we will contact you to agree an adjustment before making any change to your fees.
4.6 You must tell us immediately if you know or suspect that credentials have been compromised or that there has been unauthorised access to your account.
5. Your responsibilities as a care provider
This clause matters more than any other in this document, so it is written plainly.
5.1 You remain accountable. Care Daily is a tool. It does not deliver care, make decisions, or carry regulatory responsibility. You remain wholly responsible for the quality and safety of the care you provide, for your compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and any other legislation applicable to you, and for your relationship with your regulator. Using Care Daily does not discharge any of those obligations and cannot be relied on as evidence that they have been met.
5.2 No regulatory affiliation. Care Daily is not endorsed, approved, accredited or certified by the Care Quality Commission, Ofsted, Care Inspectorate Wales, the Care Inspectorate, the Regulation and Quality Improvement Authority, or any other regulator or commissioner. Where our materials describe features as regulator-ready or aligned to a regulatory framework, that describes the design intent of the product. It is not a representation that any regulator has assessed it, nor that your use of it will produce a particular inspection outcome.
5.3 Professional judgement. Nothing the platform produces — an assessment output, a risk rating, a suggested care plan goal, a template policy, an alert, or content generated by an AI-assisted feature — is a substitute for the professional judgement of a suitably qualified person. Everything must be reviewed by a competent human being before it is acted upon or relied upon.
5.4 Medication. The electronic medication administration record is a recording and monitoring tool. It is not a clinical decision support system, a prescribing system, or a source of clinical advice. It does not verify that a prescription is appropriate, safe, or correctly transcribed. Responsibility for the accuracy of medication information entered into the platform, and for the safe administration of medicines, rests entirely with you and your staff.
5.5 Accuracy of what you enter. The Services record what your Users put into them. We do not verify the accuracy, completeness or clinical appropriateness of Customer Data, and we cannot. Where records are migrated from a previous system, clause 11 sets out your verification obligation.
5.6 Statutory notifications. The Services may help you identify events that require notification to a regulator or to a safeguarding authority. Making those notifications, correctly and within the statutory timescale, is your responsibility. Do not rely on the platform to prompt you.
5.7 Continuity. You must maintain arrangements that allow you to continue delivering and recording care if the Services are unavailable. Clause 19 sets out what we do to keep the platform running, but no system is available all the time, and a regulated provider needs a paper or offline fallback.
6. Licence to use the Services
6.1 Subject to your paying the fees and complying with this agreement, we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for the internal business purposes of your organisation, for the Subscription Term, for the number of Users, clients or sites recorded on your Order Form.
6.2 The licence extends to your Users acting on your behalf and, where you enable such access, to the people you support and their nominated representatives viewing their own information.
6.3 The Services are licensed, not sold. All intellectual property rights in the Services and in Platform Content remain with us or our licensors.
6.4 You may not: copy, modify, adapt, translate or create derivative works of the Services; reverse engineer, decompile or disassemble the Services or attempt to derive their source code; rent, lease, lend, resell or otherwise make the Services available to any third party; use the Services to build or assist in building a competing product or service; use the Services on behalf of any organisation other than your own; or remove or obscure any proprietary notice.
6.5 You may not access the Services by automated means, including scraping or crawling, except through APIs we have expressly made available to you and in accordance with their documentation.
7. Your data
7.1 It is yours. As between you and Care Daily, all Customer Data belongs to you. We claim no ownership of it.
7.2 What we do with it. We process Customer Data only to provide, maintain, secure and support the Services, and otherwise on your documented instructions. Clause 12 sets out the data protection position in detail.
7.3 We do not sell it, and we do not train on it. We do not sell Customer Data. We do not disclose it for advertising. We do not use identifiable Customer Data to train artificial intelligence models, whether our own or a third party's.
7.4 Aggregated insights. We may generate aggregated and anonymised statistics from platform usage — for example, average time to complete an assessment across all customers — and use them to improve the Services and in general benchmarking material. Anything produced this way will be genuinely anonymised such that neither you, your staff, nor any person you support can be identified from it, whether directly or by combining it with other information.
7.5 Backups. We take regular backups of Customer Data as part of operating the Services, and clause 19.4 describes our current arrangements. Backups are for our disaster recovery, not a substitute for you exercising your own export rights, and you should take periodic exports of anything you would be unable to reconstruct.
7.6 Export. You may export Customer Data at any time during the Subscription Term using the export functions in the Services, in open formats. We do not charge for standard exports. Clause 16 sets out what happens on termination.
8. Platform Content, templates and policies
8.1 A starting point, not a finished product. Our policy and procedure templates are written by people with sector experience and reviewed before publication, but they are generic by necessity. They are drafted to cover the common position, not your position.
8.2 You must adapt them. Before adopting any template, you must review it, adapt it to your own service, your own model of care, your own sector and your own nation of the United Kingdom, and satisfy yourself that it is accurate and appropriate. A template adopted unaltered is unlikely to describe how your service actually operates, and a policy that does not describe how your service actually operates is a finding waiting to happen.
8.3 Currency. We maintain and update templates as law, regulation and guidance change, and notify subscribing customers when a material update is issued. We do not warrant that any template reflects the law as at any particular date, and you remain responsible for satisfying yourself that your adopted policies are current.
8.4 Not legal advice. Platform Content is not legal, regulatory, clinical, financial or professional advice, and no relationship of that kind arises between us. Where a matter has legal or regulatory consequences for your organisation, take your own advice.
8.5 Licence to use templates. Subscribing customers may use, adapt and distribute Platform Content within their own organisation for the duration of the subscription. Document Licence purchasers hold a perpetual licence to the specific documents purchased, for use within their own organisation only, and may continue using those documents after any subscription ends. In neither case may you sell, sublicense, publish, or make Platform Content available to any other organisation, including any other care provider, consultant or trade body — whether in original or adapted form.
8.6 Your own documents. Documents you write yourself, and the adaptations you make to our templates, are yours. Uploading them to the platform gives us no rights in them beyond what is needed to host and serve them back to you.
9. AI-assisted features
9.1 Parts of the Services include AI-assisted functionality — drafting support, summarisation, suggested content, search, and in-platform guidance.
9.2 How to think about it. These features assist a competent person; they do not replace one. Output must be read, checked and approved by a suitably qualified human being before it is saved to a record, adopted as policy, relied upon, or shared with anybody.
9.3 Limitations. AI-assisted output can be incomplete, out of date, or wrong, and can be wrong while reading as though it were right. It may misstate regulatory requirements. It does not know your service. We do not warrant the accuracy of any AI-assisted output.
9.4 What it must never be used for. AI-assisted features must not be used to make or determine a decision about an individual's care, treatment, capacity, risk, safeguarding status, eligibility, or employment. Those decisions are for people.
9.5 Data handling. Where AI-assisted features process Customer Data, that processing is covered by clause 12. Identifiable Customer Data is not used to train models. Where a feature transmits data to a third-party model provider, that provider is listed as a sub-processor and is contractually bound not to train on or retain the data beyond what is needed to return the output.
9.6 Availability. AI-assisted features may be withdrawn, limited or subject to fair-use thresholds. They are not treated as core Services for the purposes of clause 19.
10. Confidentiality
10.1 Each party may receive Confidential Information from the other. Confidential Information means information disclosed in any form which is marked confidential, is identified as confidential at the time of disclosure, or which a reasonable person would understand to be confidential — including, for us, the non-public features and pricing of the Services and, for you, Customer Data and your commercial information.
10.2 Neither party will use the other's Confidential Information for any purpose other than performing this agreement, or disclose it to anyone other than employees, contractors and professional advisers who need it and are bound by equivalent obligations.
10.3 These obligations do not apply to information that is or becomes public other than through breach, was already lawfully held by the recipient, or is independently developed without reference to the disclosing party's information.
10.4 Either party may disclose Confidential Information where required by law, by a court, or by a regulator with jurisdiction over it. Where lawful to do so, the disclosing party will be given prompt notice and a reasonable opportunity to object.
10.5 These obligations continue for five years after this agreement ends, and indefinitely in respect of Special Category Data and trade secrets.
11. Migration Services and data extraction
This clause applies where you move to Care Daily from another system and we assist with bringing your data across. It applies in addition to, not instead of, the rest of this agreement.
11.1 The two routes
Self-service migration means you produce an export from your existing system, upload it to our Import Wizard, and we support you through the mapping and validation process. This is the standard route.
Assisted extraction means you authorise us to access your existing system and produce the export ourselves. This is available where we agree to offer it, is subject to the additional conditions below, and requires a signed Data Extraction Mandate before any access takes place.
11.2 Data Extraction Mandate
11.2.1 No assisted extraction begins until you have signed a Data Extraction Mandate. There is no exception to this, including where a go-live date is at risk.
11.2.2 The Mandate is your documented processing instruction under Article 28 of the UK GDPR. It records the source system, the categories of data we may retrieve, the date range, the named Care Daily personnel authorised to access the system, the access window, and the arrangements for revoking access afterwards.
11.2.3 The Mandate must be signed by an individual with authority to instruct processing of your organisation's data. In practice this means a director, the nominated individual, or the Registered Manager.
11.2.4 We will access only what the Mandate permits. If, during extraction, we encounter categories of data falling outside the Mandate — safeguarding referrals, for example, where the Mandate covered care plans only — we will stop, quarantine rather than load that data, and return to you before proceeding.
11.2.5 You may revoke the Mandate at any time in writing, at which point access ceases immediately.
11.3 Your warranties
By signing a Data Extraction Mandate you warrant to us that:
(a) you are the data controller for the records concerned, or are otherwise entitled to authorise their extraction; (b) you hold, or are entitled to obtain, valid access to the source system, and the credentials or account you provide to us are ones you are entitled to provide; (c) you have considered whether granting us access is consistent with your agreement with your existing supplier, and have satisfied yourself that it is; (d) you have satisfied any obligation to inform the people you support, and your staff, about the transfer of their data; and (e) the instruction you are giving us is lawful.
We do not advise on your contract with your existing supplier and will not express a view on whether a particular clause permits or prohibits access. That is a matter between you and them, and if you are unsure you should take your own advice before signing.
11.4 Credentials and access
11.4.1 Credentials must be submitted only through the secure one-time link we provide. Credentials sent by email, text message, instant message, telephone or any other route will be deleted and you will be asked to resend them. This is a security control, not an administrative preference.
11.4.2 Wherever the source system permits it, you should create a dedicated, permission-limited, time-limited account for our use rather than sharing an existing login. Where the source system provides no such facility and existing credentials must be shared, you acknowledge that you are doing so knowingly and undertake to reset those credentials immediately after extraction concludes.
11.4.3 We will access the source system only from managed devices, only through named personnel identified on the Mandate, and only within the access window. Each access session is logged and the log is available to you on request.
11.4.4 Within one working day of extraction concluding, we will destroy the credentials and confirm this to you in writing. You must disable or delete any account created for us, or reset any shared credentials, and confirm to us that you have done so.
11.5 Validation and sign-off
11.5.1 Migrated data is held in a staging area and does not enter your live environment until you have approved it.
11.5.2 We will provide a validation pack showing record counts against the source, a sample of migrated records, a list of any source data that could not be mapped, and any records held back as exceptions.
11.5.3 You must check the migrated data and sign off before it goes live. We do not commit data on the basis of silence. Sign-off is your confirmation that you have reviewed the migrated records and are satisfied they are accurate and fit to be relied upon as care records.
11.5.4 After sign-off, responsibility for the accuracy and completeness of the migrated data rests with you. This is not us avoiding accountability for our own work; it is that we have no means of knowing what a correct record for one of the people you support looks like, and you do.
11.6 What we cannot promise
11.6.1 We do not warrant that all data can be migrated. Source systems differ enormously in what they will export, in what formats, and at what permission levels. Some hold data in structures with no equivalent in Care Daily.
11.6.2 Where data cannot be carried across as structured records, we will where practicable preserve it as attached document summaries rather than discard it, and we will list explicitly anything that could not be brought across at all.
11.6.3 We do not warrant any particular migration timescale where completion depends on your existing supplier's cooperation, on your obtaining administrator rights, or on the technical characteristics of an export we have not previously seen.
11.6.4 We strongly recommend that you retain access to your previous system, in read-only or archive form, for a period after go-live. Whether you do so is your decision, and we accept no liability for data that becomes irrecoverable because a previous system was decommissioned.
11.7 Migration liability
Our total liability arising out of Migration Services is limited as set out in clause 21, and for the avoidance of doubt we are not liable for: the accuracy or completeness of data as it existed in your previous system; consequences of your failure to review and verify migrated data before sign-off; any claim brought against you by your previous supplier arising from access you authorised; or loss of data held only in a system you have decommissioned.
12. Data protection
12.1 Roles. In respect of Customer Data, you are the controller and Care Daily is the processor. In respect of the personal data of the individuals who administer your account, and of our billing and support records, we are a controller in our own right, and our Privacy Policy explains that processing.
12.2 Instructions. We process Customer Data only on your documented instructions, which comprise this agreement, the Order Form, any Data Extraction Mandate, and your use of the Services' functionality. If we believe an instruction infringes data protection law, we will tell you.
12.3 Subject matter and duration. The processing continues for the Subscription Term and the retention period described at clause 16. The nature and purpose is the provision of care management and document management services. The categories of data subject include the people you support, their representatives and next of kin, your staff, and your Users. The categories of personal data include contact and identity data, health and care data, medication data, safeguarding information, location data from mobile clock-ins, employment and training records, and financial data.
12.4 Special Category Data. You acknowledge that the Services are designed to process Special Category Data, including health data, and where relevant data concerning criminal convictions in the context of employment vetting. You are responsible for identifying your lawful basis and your Article 9 condition for that processing.
12.5 Confidentiality of personnel. Our personnel with access to Customer Data are subject to binding confidentiality obligations and receive data protection training appropriate to their role.
12.6 Security. We implement appropriate technical and organisational measures, including encryption of Customer Data in transit and at rest, role-based access control, logical separation between customer tenants, audit logging, and access controls over our own personnel. Our current security measures are described at https://www.caredaily.co.uk/company/pages/security, and we may update them provided the level of protection is not reduced.
12.7 Sub-processors. You give general authorisation for us to appoint sub-processors, including cloud hosting, communications, and where applicable AI model providers. A current list is maintained at https://www.caredaily.co.uk/company/pages/subprocessor. We will give at least thirty days' notice before adding or replacing a sub-processor, and you may object on reasonable data protection grounds; if we cannot resolve the objection you may terminate the affected Services without penalty. Each sub-processor is bound by terms no less protective than these, and we remain liable for their acts and omissions.
12.8 Location of data. Customer Data is hosted in the United Kingdom. Where any processing takes place outside the United Kingdom, it will be subject to an appropriate transfer mechanism under Chapter V of the UK GDPR, and the current position is set out in the sub-processor list.
12.9 Location data. Where you enable location-verified clock-in and clock-out, the mobile application captures device location at the moment of the clock event. It does not track staff between events. You are responsible for informing your staff of this processing, identifying your lawful basis for it, and completing any assessment your own data protection arrangements require before enabling it.
12.10 Assistance. We will provide reasonable assistance, taking into account the nature of the processing, with: responding to data subject requests; your data protection impact assessments; consultation with the Information Commissioner's Office; and demonstrating compliance. Where a request is made directly to us by a data subject relating to your Customer Data, we will not respond substantively but will refer them to you and tell you promptly.
12.11 Personal data breach. We will notify you without undue delay, and in any event within twenty-four hours, of becoming aware of a personal data breach affecting Customer Data, and will provide the information you reasonably need to meet your own notification obligations. Deciding whether a breach is notifiable to the Information Commissioner's Office or to data subjects is your decision as controller.
12.12 Audit. We will make available the information reasonably necessary to demonstrate compliance with this clause, and will accept an audit by you or an auditor you appoint, no more than once in any twelve-month period unless a breach has occurred or a regulator requires it, on reasonable notice, during business hours, subject to confidentiality, and at your cost.
12.13 Deletion and return. On termination, clause 16 applies.
13. Fees and payment
13.1 Fees are those set out on your Order Form, and are exclusive of VAT.
13.2 Subscriptions. Subscription fees are payable monthly or annually in advance according to your Order Form. Where you pay by card or direct debit, you authorise us to charge the stored payment method on each renewal date until you cancel.
13.3 Document Licences. Fees for individually purchased documents are payable in full at the point of purchase, are perpetual in effect, and are not refundable once the document has been made available for download, save as required by law.
13.4 Registration hub products. Where you purchase a rolling monthly hub subscription or a fixed-fee registration support product, the term, deliverables and any post-period arrangements are those recorded on your Order Form.
13.5 Failed payment. If a payment fails we will attempt to take it again and will contact you. If a subscription remains unpaid fourteen days after the due date we may suspend access on notice. If it remains unpaid thirty days after the due date we may terminate under clause 15.3. Suspension does not relieve you of the obligation to pay.
13.6 Access during suspension for non-payment. Even where access is suspended for non-payment, we will on request provide you with an export of Customer Data. We will not withhold care records over an unpaid invoice, and clause 16.6 records this as a standing commitment.
13.7 Price changes. We may change our fees on at least sixty days' written notice, with effect from your next renewal date. If you do not accept a price change you may terminate with effect from the renewal date by giving notice before it takes effect.
13.8 Late payment. We may charge interest on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998.
13.9 Set-off. You must pay all sums due without deduction or set-off, except where a sum is genuinely disputed and you have notified us of the dispute in writing before the due date, in which case the undisputed balance remains payable.
14. Free trials, online sign-up, refunds and cancellation
Most customers start with a free trial and subscribe online rather than through a signed Order Form. This clause is written for that route and applies equally to both.
14.1 Free trials
14.1.1 Where a free trial is offered, its length, the features included, and any limits on client or user numbers are as stated at sign-up.
14.1.2 These terms apply in full during a free trial, with two modifications. Clause 19.1 and clause 19.3 do not apply, because no fee is being paid and there is nothing to credit. Clause 20.1 applies but our liability during a trial is limited as set out at clause 21.3.
14.1.3 A trial is for evaluation. You may enter test data or, if you prefer, your own real data. If you enter real information about people you support or about your staff, clause 12 applies to it exactly as it would to a paid account, and you must satisfy yourself that you have a lawful basis for doing so before you upload anything.
14.1.4 We will tell you by email before a trial ends.
14.1.5 If your trial requires payment details up front, the subscription begins automatically at the end of the trial and the first payment is taken then, unless you cancel before the trial ends. If your trial does not require payment details, nothing is charged and access simply stops unless you choose to subscribe.
14.1.6 If you do not subscribe, data entered during the trial is retained for thirty days after the trial ends so that you can return or export it, and is then deleted. Clause 16.2 export rights apply during that period.
14.1.7 We may withdraw or vary trial terms for future trials at any time. We will not change the terms of a trial already running.
14.2 Subscribing online
14.2.1 Where you subscribe through our website, the checkout confirmation is your Order Form and records your tier, term, fees and any limits.
14.2.2 By completing checkout you confirm that you have read these terms and that you have authority to enter into this agreement on behalf of your organisation. If you do not have that authority, do not complete checkout — pass it to somebody who does.
14.2.3 These terms are published at [terms.url] and the version in force is the one published at the date you subscribe or renew. Clause 22 governs changes.
14.2.4 Nothing on a pricing page, in a demonstration, or in a sales conversation adds to or varies these terms unless it appears on the checkout confirmation or a signed Order Form.
14.3 Cancellation and refunds
14.3.1 Subscriptions may be cancelled at any time through your account settings or by written notice to support@caredaily.co.uk, with effect from the end of the current billing period. Cancellation stops future renewals; it does not refund the period already paid for.
14.3.2 Fees already paid are not refundable except where required by law, where clause 15.4, clause 15.6 or clause 19.4 gives a pro-rata refund, or where expressly stated on your Order Form.
14.3.3 Document Licence purchases are not refundable once the document has been made available for download, save as required by law.
14.3.4 Care Daily is supplied for business use and we contract with you as a business. If you are nonetheless entitled to statutory cancellation rights as a consumer, nothing in this clause affects them.
14.3.5 Whatever the reason for cancellation, clause 16 governs your data and gives you ninety days to export it.
15. Term and termination
15.1 This agreement begins when you first accept it or first access the Services, whichever is earlier, and continues for the Subscription Term, renewing automatically for successive periods of the same length unless cancelled.
15.2 Either party may terminate at the end of the then-current Subscription Term by giving notice before the renewal date. For annual subscriptions, at least thirty days' notice is required.
15.3 Either party may terminate immediately on written notice if the other materially breaches this agreement and fails to remedy the breach within thirty days of being asked to, or becomes insolvent, enters administration, has a receiver appointed, or ceases to carry on business.
15.4 You may terminate without penalty, with a pro-rata refund of prepaid fees for the unexpired period, where we make a change under clause 3.6, clause 12.7 or clause 22 that materially and adversely affects your use of the Services and you notify us within thirty days of the change taking effect.
15.5 We may suspend access immediately, without prior notice, where we reasonably believe your use presents a security risk to the Services or to other customers, is unlawful, or exposes us to liability. We will tell you why as soon as we reasonably can and restore access once the issue is resolved.
15.6 We may terminate for convenience on ninety days' notice, with a pro-rata refund of prepaid fees. We will only do this where we are discontinuing a service line or exiting a market, and we will work with you on an orderly transition.
16. What happens to your data when this ends
This clause replaces the position in our previous terms entirely. Care records are not ours to hold over you, and a regulated provider must be able to leave with everything.
16.1 For ninety days after termination or expiry, your Customer Data remains available for export. Where the account has been closed for non-payment, we will restore read and export access on request during this period.
16.2 During that window you may export all Customer Data in open, non-proprietary formats — records as structured data, documents in their original formats, audit trails and acknowledgement logs in exportable form.
16.3 We do not charge for standard exports on termination. Where you require a bespoke extract, a specific format, or a bulk file transfer, we may charge a reasonable fee agreed in advance.
16.4 After ninety days we will securely delete Customer Data from live systems, and from backups in accordance with our backup rotation. On written request we will confirm deletion.
16.5 You may ask us to retain data beyond ninety days, and we will agree reasonable terms for doing so. This matters because your record retention obligations as a care provider are measured in years, not months, and you must satisfy yourself that you have exported everything you are required to keep before the window closes.
16.6 We will not withhold, delete, or make Customer Data inaccessible as leverage in a commercial dispute, including a dispute about unpaid fees.
16.7 Documents purchased under a perpetual Document Licence remain licensed to you after termination, and you should download copies before your access ends.
16.8 Termination does not affect accrued rights. The following survive: clauses 5, 6.3, 6.4, 8.5, 10, 12 (until deletion completes), 16, 20, 21, 22 and 25.
17. Acceptable use
17.1 You must not, and must not permit any User to:
(a) use the Services in breach of any law, or in a way that infringes the rights of anyone else; (b) upload material that is unlawful, defamatory, harassing, or that you have no right to upload; (c) share credentials, or attempt to obtain the credentials of another user; (d) attempt to access any part of the Services, or any data, that you are not authorised to access, including data belonging to another customer; (e) probe, scan, or test the vulnerability of the Services without our prior written consent under a coordinated disclosure arrangement; (f) introduce malicious code, or interfere with the operation, integrity or performance of the Services; (g) scrape, crawl, or bulk-extract Platform Content, or extract Platform Content for use outside your organisation; (h) use the Services to build a competing product, or to benchmark for the benefit of a competitor; (i) resell, white-label, or provide the Services to any third party as a bureau or managed service, unless under a written partner agreement with us; or (j) place an unreasonable load on the infrastructure, including through automated processes.
17.2 Security research. If you believe you have found a vulnerability, tell us at security@caredaily.co.uk before telling anyone else. We will engage with good-faith reports and will not pursue researchers who follow a responsible disclosure process.
17.3 We may suspend access under clause 15.5 where we reasonably believe this clause has been breached. We are not obliged to police the conduct of your Users, but we may act where we consider it necessary.
18. Security obligations on your side
18.1 You must take reasonable steps to prevent unauthorised access, including enforcing strong authentication, enabling multi-factor authentication where we make it available, removing access promptly when staff leave, and training your Users on their responsibilities.
18.2 You must ensure that devices used to access the Services, particularly personal devices used to run the mobile application, are appropriately secured with a device passcode or biometric lock.
18.3 You must notify us immediately of any actual or suspected security incident affecting your account.
19. Availability, service levels, support and maintenance
This clause applies to every customer, whether you signed an Order Form or subscribed online. We give the commitment in the terms themselves rather than leaving it to be negotiated, because if the platform is unavailable you cannot record the care you are delivering, and that is not a problem you should have to negotiate for protection against.
19.1 Availability commitment
19.1.1 We will make the Core Services available for at least 99.5% of each calendar month, measured as set out below.
19.1.2 Core Services means the web application and the Care Daily Pro mobile application, excluding anything listed at clause 19.2.
19.1.3 Monthly Uptime Percentage is the total minutes in the calendar month, less Excluded Minutes, less minutes of Downtime, divided by the total minutes in the month less Excluded Minutes, expressed as a percentage.
19.1.4 Downtime means any period during which the Core Services are wholly unavailable to authenticated users, or during which a core function — signing in, viewing a rota, opening a client record, recording a visit, or recording a medication administration — consistently returns errors. Availability is measured by our external monitoring, and monitoring records for your account are available on request.
19.2 What is excluded
Excluded Minutes are periods of unavailability caused by:
(a) planned maintenance notified in advance under clause 19.5; (b) emergency maintenance necessary to preserve the security or integrity of the Services, where we notify you as soon as reasonably practicable; (c) a force majeure event under clause 25.9; (d) failure of your own network, hardware, device, browser or internet connection, or of a mobile network; (e) failure of a third-party service outside our reasonable control, provided we have taken reasonable steps to mitigate; (f) suspension properly made under clause 13.5 or clause 15.5; (g) your use of the Services other than in accordance with this agreement; or (h) features identified as beta, preview or early access.
19.3 Service credits
19.3.1 If we fail to meet the commitment in a calendar month, you may claim a service credit against your next invoice:
| Monthly Uptime Percentage | Service credit |
|---|---|
| At or above 99.5% | None |
| 99.0% to 99.49% | 5% of that month's subscription fee |
| 95.0% to 98.99% | 10% of that month's subscription fee |
| Below 95.0% | 25% of that month's subscription fee |
19.3.2 To claim, email support@caredaily.co.uk within thirty days of the end of the affected month, identifying the dates and approximate times of the unavailability. We will confirm the calculation against our monitoring records and apply any credit to your next invoice, or refund it if no further invoice is due.
19.3.3 Service credits are your sole financial remedy for failure to meet the availability commitment. This does not limit your rights under clause 19.4, nor any remedy for breach of clause 20.1, nor any claim falling within clause 21.1.
19.3.4 Where you hold only a perpetual Document Licence and pay no subscription fee, no service credit arises, since there is no recurring fee to credit against.
19.4 Persistent failure
If the Monthly Uptime Percentage falls below 99.5% in three consecutive months, or below 95.0% in any single month, you may terminate this agreement on thirty days' written notice given within thirty days of the end of the affected month, with a pro-rata refund of prepaid fees for the unexpired period. Clause 16 applies to your data on termination.
19.5 Planned maintenance
19.5.1 We schedule planned maintenance outside normal working hours wherever possible, and we take account of the fact that care is delivered around the clock. Maintenance expected to cause interruption is notified at least five working days in advance by email and by notice within the Services.
19.5.2 We aim to keep planned maintenance causing interruption below four hours in any calendar month.
19.5.3 Emergency maintenance may be carried out at any time where necessary to protect security, data integrity, or the stability of the Services. We will tell you as soon as we reasonably can and explain what happened afterwards.
19.6 Support
19.6.1 Support channels and hours are published at https://www.caredaily.co.uk/company/contact-us.
19.6.2 We aim to respond within the following targets during published support hours. These are response targets, not resolution guarantees, and no service credit attaches to them:
| Severity | Description | Target first response |
|---|---|---|
| Critical | Core Services unavailable, or a defect preventing the recording of care or medication | 2 support hours |
| High | Major function unusable with no reasonable workaround | 1 support day |
| Normal | Function impaired, workaround available | 2 support days |
| Low | Question, guidance request, or cosmetic issue | 3 support days |
19.6.3 Support covers the operation of the Services. It does not extend to advice on care practice, regulatory compliance, employment matters, or the content of your own records and policies. Where a question crosses that line we will say so rather than answer it, and clause 5.1 explains why.
19.7 Backups and recovery
19.7.1 We take regular backups of Customer Data and maintain documented disaster recovery arrangements. Current backup frequency, backup retention, recovery point objective and recovery time objective are published at https://www.caredaily.co.uk/company/pages/security.
19.7.2 Clause 5.7 requires you to maintain your own operational continuity arrangements regardless of anything in this clause. A recovery time objective measured in hours is still hours during which a medication round has to be recorded on paper.
19.8 Beta features
Features identified as beta, preview or early access are provided as they are, may be withdrawn without notice, carry no availability commitment or service credit, and should not be relied upon for the delivery or recording of care.
20. Warranties and disclaimers
20.1 What we do warrant. We warrant that we have the right to grant the licence in clause 6, that we will provide the Services with reasonable care and skill and in accordance with the description on your Order Form, that we will comply with clause 12, and that we will not knowingly introduce malicious code into the Services.
20.2 What we do not warrant. Subject to clause 20.1 and to clause 21.1, and to the fullest extent permitted by law, the Services are provided without further warranties of any kind, whether express or implied, including any implied warranty of satisfactory quality or fitness for a particular purpose. In particular, we do not warrant that:
(a) the Services will be uninterrupted or error-free, beyond the availability commitment at clause 19.1; (b) the Services or Platform Content will cause or contribute to any particular regulatory outcome, inspection rating, or registration decision; (c) Platform Content reflects the law or guidance in force at any given moment; (d) any AI-assisted output is accurate, complete or suitable; or (e) the Services are secure against every form of unauthorised intrusion, though clause 12.6 records what we do about it.
20.3 Any statutory or implied terms are excluded to the fullest extent permitted by law.
21. Liability
21.1 What is never excluded. Nothing in this agreement limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; any liability that cannot lawfully be limited or excluded; or, in your case, the obligation to pay fees properly due.
21.2 Excluded losses. Subject to clause 21.1, neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or business opportunity, loss of goodwill, or any indirect or consequential loss, however arising.
21.3 Cap. Subject to clauses 21.1 and 21.4, each party's total aggregate liability arising out of or in connection with this agreement, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the greater of [proposed: the total fees paid or payable by you in the twelve months preceding the event giving rise to the claim, or £50,000]. This figure is a proposal for legal review and is not yet settled.
21.4 Data protection liability. A separate and higher cap of [proposed: £1,000,000] applies to liability arising from our breach of clause 12 or of the UK GDPR in our capacity as processor. This figure is proposed to sit level with our professional indemnity cover under clause 24 and is a proposal for legal review. A cap at the general contractual level is unlikely to be acceptable to larger providers or to local authority commissioners, and this is a point on which we should expect to negotiate.
21.5 We are not liable for loss or corruption of Customer Data to the extent it results from data you or a previous supplier provided in a corrupted or inaccurate state, from your failure to verify migrated data under clause 11.5, or from your decommissioning of a previous system.
21.6 We are not liable for any decision made, or not made, about the care of any individual, or for any regulatory consequence of your use of the Services, save to the extent it results directly from our breach of clause 20.1.
21.7 You must take reasonable steps to mitigate any loss.
22. Changes to these terms
22.1 We may change these terms, and will give at least thirty days' notice by email to your registered contact and by notice within the Services. For changes that materially and adversely affect you, we will give sixty days' notice.
22.2 Continuing to use the Services after a change takes effect constitutes acceptance. If you do not accept a material change, clause 15.4 applies.
22.3 Changes required by law or by a regulator may take effect on shorter notice where necessary.
23. Indemnities
23.1 Ours. We will defend you against any third-party claim that your permitted use of the Services infringes that party's intellectual property rights, and will pay damages finally awarded or agreed in settlement, provided you notify us promptly, give us conduct of the defence, and do not admit liability. This does not apply where the claim arises from Customer Data, from your modification of the Services, from use in combination with anything we did not supply, or from use contrary to this agreement.
23.2 Yours. You will indemnify us against claims, losses and reasonable costs arising from: Customer Data, including any claim that it infringes third-party rights or was processed unlawfully; your breach of clause 17; and any claim brought by your previous supplier arising from access you authorised under a Data Extraction Mandate.
23.3 Both indemnities are subject to the excluded losses at clause 21.2.
24. Insurance
24.1 We maintain the following insurance cover:
| Cover | Limit of indemnity |
|---|---|
| Professional indemnity | £1,000,000 |
| Public and products liability | £2,000,000 |
| Employers' liability | £5,000,000 |
24.2 Cover is maintained with reputable insurers and evidence is available on request. Limits are stated as at the effective date of these terms and may be varied provided the level of protection is not materially reduced during the Subscription Term.
25. General
25.1 Assignment. You may not assign or transfer this agreement without our written consent, which will not be unreasonably withheld, save that you may assign to a group company or to a purchaser of your business on notice to us. We may assign on notice to you.
25.2 Subcontracting. We may subcontract performance, and remain responsible for our subcontractors.
25.3 Notices. Notices to us go to admin@caredaily.co.uk and, for formal legal notices, to our registered office. Notices to you go to the registered contact email on your account. Email notices are deemed received on the next working day.
25.4 Entire agreement. This agreement is the whole of what has been agreed and supersedes all prior discussions, proposals and representations. Neither party relies on any statement not set out in it, though nothing excludes liability for fraudulent misrepresentation.
25.5 No partnership. Nothing creates a partnership, joint venture, agency or employment relationship.
25.6 Third parties. Nobody other than the parties has any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
25.7 Waiver. A failure to enforce a right is not a waiver of it.
25.8 Severability. If any provision is held unenforceable, it is severed or read down to the minimum extent necessary and the rest continues in force.
25.9 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including war, terrorism, civil unrest, epidemic, act of God, failure of telecommunications or internet infrastructure, cyber attack on third-party infrastructure, or government action. The affected party must notify the other and mitigate. If the event continues beyond sixty days, either party may terminate on notice.
25.10 Publicity. We will not name you as a customer, use your logo, or publish a case study without your prior written consent.
25.11 Governing law. This agreement and any dispute arising from it, including non-contractual disputes, is governed by the law of England and Wales.
25.12 Jurisdiction. The courts of England and Wales have exclusive jurisdiction. This does not affect any right you may have to bring proceedings in the courts of Scotland or Northern Ireland where mandatory law preserves it.
25.13 Dispute resolution. Before commencing proceedings, the parties will escalate the dispute to a senior representative of each and meet, in person or remotely, within twenty-one days to attempt resolution. This does not prevent either party seeking urgent injunctive relief.
26. Contact
NXT Digital Ltd, trading as Care Daily 412 Stretford Road, Aura Court Business Centre, Manchester, M15 4AE, United Kingdom Company number 13265961
General and support: support@caredaily.co.uk Support and contact page: https://www.caredaily.co.uk/company/contact-us Data protection and formal notices: admin@caredaily.co.uk Security and vulnerability disclosure: security@caredaily.co.uk Telephone: 0330 808 0050 Web: caredaily.co.uk
These terms were last updated on 5 August 2026.