These App and SaaS Subscription Terms (“Terms”) govern access to the MCare Solutions mobile application, client portal and connected workforce-management platform (together, the “Service”) supplied by MCARE SOLUTIONS LTD, company number 07049570, of 12 McGrath Road, London, E15 4JP (“MCare”, “we”, “us”). They do not govern separately commissioned consultancy, bookkeeping, payroll, quality-management, development or outsourced services, which are subject to our Professional Services Terms.
1. Business use and acceptance
The Service is offered for business use. A person accepting these Terms for an organisation confirms that they are at least 18 and have authority to bind that organisation (“Customer”). The Customer is responsible for its administrators, employees, contractors and other authorised users (“Users”). These Terms also apply to each User where relevant.
An order form, proposal or online subscription selection (“Order”) may state the plan, users, fees, subscription period and additional terms. If there is a conflict, the Order prevails for that commercial detail, then any signed data-processing addendum, then these Terms.
2. The Service
The Service may include timesheets, attendance and site check-ins, site audits, employee records, budget reports, stock management, window-cleaning schedules, task management, payroll-related inputs, photographs, signatures, reports and other enabled modules. Features may vary by plan, platform, device, region or release.
We may improve or change the Service. We will not materially reduce the core paid functionality during a current subscription period without reasonable notice, except where necessary for security, law, third-party dependency changes or prevention of harm.
3. Accounts and customer administration
The Customer must provide accurate information, designate authorised administrators, keep account details current, and ensure credentials are confidential and not shared. The Customer is responsible for configuring permissions, approving sites and Users, reviewing administrator activity, disabling leavers promptly and all activity under its accounts except to the extent caused by our breach.
Users must promptly report suspected unauthorised access. We may require multi-factor authentication or suspend a credential where reasonably necessary to protect the Service or data.
4. Licence and acceptable use
During the subscription term, we grant the Customer and its authorised Users a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for the Customer’s internal business operations, subject to these Terms and the Order.
Users must not: break the law or infringe rights; access another customer’s data; introduce malware; bypass security or usage controls; interfere with the Service; scrape, resell or provide the Service to third parties except authorised Users; reverse engineer or derive source code except where a restriction is prohibited by law; use the Service for harassment, covert surveillance or discriminatory decisions; upload unlawful or unnecessary sensitive data; or use outputs as a substitute for required professional, payroll, employment, health and safety, tax or legal judgment.
5. Workforce monitoring and Customer responsibilities
The Customer decides whether and how to use GPS, attendance, photographs, signatures, audits and other monitoring features. The Customer is solely responsible for having an appropriate lawful basis; giving workers clear and timely privacy information; consulting where required; ensuring monitoring is necessary and proportionate; limiting out-of-hours tracking; completing any required data-protection impact assessment; responding to worker rights; and complying with employment, equality, surveillance and data-protection law.
The Customer must ensure the accuracy of site boundaries, schedules, pay inputs and instructions. The Service assists administration but does not determine whether an employee is entitled to pay, holiday, breaks, overtime or other rights.
6. Customer Data
“Customer Data” means data and content submitted to or generated through the Service for the Customer. As between the parties, the Customer retains its rights in Customer Data. The Customer grants us and our sub-processors the rights necessary to host, copy, transmit, back up, secure and otherwise process Customer Data to provide and support the Service and comply with law.
The Customer warrants that it may lawfully provide Customer Data and instruct its processing. The Customer must not upload data that is excessive for its stated purpose or that the Customer is prohibited from processing.
7. Data protection
Each party will comply with applicable data-protection law. For personal data we process on the Customer’s behalf, the Customer is controller and MCare is processor unless the parties determine otherwise for a particular activity.
MCare will: process such data only on documented instructions, including these Terms and use of the Service, unless law requires otherwise; ensure authorised personnel are bound by confidentiality; apply appropriate technical and organisational security measures; impose equivalent protections on sub-processors and remain responsible for their performance; assist the Customer, taking into account the nature of processing, with data-subject requests, security incidents, impact assessments and regulator consultations; notify the Customer without undue delay after becoming aware of a personal-data breach affecting Customer Data; delete or return personal data at the end of the Service, subject to the Customer’s choice and legal retention; and make information reasonably necessary to demonstrate compliance available, including reasonable audits subject to confidentiality, security and cost controls.
Processing covers hosting and operating the Service, support, security, backup, reporting and integrations during the subscription and deletion period. Data subjects may include the Customer’s staff, contractors, clients, site contacts and suppliers. Data may include identifiers, contacts, employment and work records, location, device data, photographs, signatures, audit evidence, payroll inputs and financial or operational records. The Customer gives general authorisation for sub-processors needed to provide the Service; we will provide reasonable notice of material new sub-processors and a process for justified data-protection objections. Lawful international transfers will use an applicable safeguard.
8. Fees, taxes and payment
The Customer will pay the subscription fees and taxes stated in the Order. Unless the Order says otherwise, invoices are due within 30 days, fees are in pounds sterling, and fees are non-refundable except where these Terms or law expressly provide otherwise. The Customer must raise a good-faith invoice dispute promptly and pay undisputed amounts.
We may suspend paid features for an undisputed amount that remains overdue after at least 14 days’ written notice. Subscription renewal, price changes, usage limits and cancellation dates are governed by the Order. Deleting an individual User account does not cancel the Customer’s subscription.
9. Availability, support and changes
We aim to provide a reliable Service but do not promise uninterrupted or error-free operation unless a separate service-level agreement says otherwise. Planned maintenance, emergency work, internet and mobile networks, app stores, devices and third-party services may affect availability. Support is available using the contact details below and any support channel stated in the Order.
10. Intellectual property and feedback
We and our licensors own the Service, software, designs, documentation, trademarks, usage data that does not identify a person or Customer, and all related intellectual-property rights. No rights are granted except those expressly stated. If a User provides feedback, we may use it without restriction or payment, provided we do not publicly identify the Customer without permission.
11. Confidentiality
Each party will protect the other’s non-public confidential information using reasonable care and use it only to perform or receive the Service. This does not cover information lawfully known without restriction, independently developed, rightfully received from another source or public through no breach. A party may disclose information where legally required after giving notice where lawful.
12. Suspension and termination
We may suspend access where reasonably necessary to address a security threat, unlawful use, material breach, risk to other customers or an overdue undisputed payment. Where practicable, we will give notice and work to limit the scope and duration.
Either party may terminate for a material breach not remedied within 30 days after written notice, or immediately if the other becomes insolvent or cannot lawfully continue. Expiry and convenience termination follow the Order. On termination, access ends; accrued fees remain due; and the Customer should export Customer Data during the subscription or any agreed retrieval period. Clauses intended to survive, including payment, confidentiality, intellectual property, liability and data return/deletion, will survive.
13. Warranties and disclaimers
We warrant that we will provide the Service with reasonable care and skill and substantially in accordance with its documentation. If we breach this warranty, we will use reasonable efforts to correct the affected Service; if we cannot do so within a reasonable time, the Customer may terminate the affected Service and receive a pro-rata refund of prepaid fees for the unused period.
Except as expressly stated and to the maximum extent permitted by law, the Service is provided “as available”. We do not warrant that reports, timesheets, locations, budgets, stock records, schedules or payroll inputs are complete or legally sufficient without Customer review, or that every device, integration or network will operate continuously.
14. Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; breach of obligations that cannot lawfully be limited; or payment obligations.
Subject to that paragraph, neither party is liable for indirect or consequential loss, or loss of profit, revenue, anticipated savings, goodwill or business opportunity. MCare’s total aggregate liability arising out of or relating to the Service in any rolling 12-month period will not exceed the fees paid or payable for the affected Service in that period. This allocation applies to the fullest extent permitted by law. The Customer should maintain independent records and business-continuity arrangements appropriate to its operations.
15. Mobile app and app stores
The app is licensed, not sold. The mobile licence is non-transferable and limited to devices the User owns or controls, subject to applicable app-store usage rules and any permitted family or volume access. Users must comply with third-party terms, including mobile-network and app-store terms.
For an app obtained through Apple’s App Store, these Terms are between the User and MCare, not Apple. MCare, not Apple, is responsible for the app, maintenance, support, warranties and claims relating to the app, including product, regulatory and intellectual-property claims. If the app fails to conform to an applicable warranty, the User may notify Apple and Apple may refund any purchase price paid through the App Store; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries and may enforce this clause after acceptance. The User represents that they are not in a country subject to a US Government embargo or designated as supporting terrorism and are not on a US Government restricted-party list.
Google, Apple and other store operators are not responsible for the Service or Customer Data. Store terms govern downloads and store-managed purchases. Where a store manages billing, cancellation or refunds, its applicable rules also apply.
16. General
Neither party is liable for delay caused by events outside reasonable control, but payment obligations already due are unaffected. The Customer may not assign these Terms without our consent, not to be unreasonably withheld; we may assign them as part of a merger, reorganisation or sale of the relevant business. We may use subcontractors while remaining responsible for our obligations.
If any provision is unenforceable, it will be adjusted to the minimum extent necessary and the rest remains effective. Delay in enforcing a right is not a waiver. These Terms and the Order are the entire agreement about the Service and replace earlier discussions. They do not create a partnership, agency or employment relationship. A person who is not a party has no right to enforce these Terms except Apple and its subsidiaries as stated above.
17. Changes to these Terms
We may update these Terms for legal, security, operational or product reasons. We will give reasonable notice of a material change. A material change will normally take effect at the next renewal unless earlier effect is reasonably required by law or security. Continued use after the effective date constitutes acceptance; if the Customer reasonably objects to a materially adverse change, it may stop renewal or use any termination right stated in the notice.
18. Governing law and disputes
These Terms and any non-contractual obligations are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that either party may seek urgent injunctive relief in another competent court. Before proceedings, the parties will try in good faith to resolve the dispute through authorised representatives.
19. Contact
MCARE SOLUTIONS LTD, company number 07049570, 12 McGrath Road, London, E15 4JP, United Kingdom. Email: salman.mir@mcaresolutions.co.uk. Telephone: 0751 5508 466.
