Terms of use

1. About these terms

Footnotes is provided by Garry Finch, a sole trader, trading as The Finch Workshop, of [postal address for notices] (“we”, “us”). These terms, with our privacy policy and data processing agreement, are the agreement between you and us for using Footnotes. You accept them when you create an account. Contact us at hello@myfootnotes.co.uk.

2. Who can use Footnotes

Footnotes is for foot health practitioners in the UK using it for their business. To open an account you must be 18 or over, and qualified, insured and, where it applies, registered to provide the care you record. You use Footnotes as a business, not as a consumer.

Each account is for one practitioner. Don't share your sign-in with anyone else.

3. The beta

• The beta is free. We won't charge you anything unless you agree to a subscription first, and we'll give you at least 30 days' notice before the free beta ends.
• During the beta, each account can hold up to 5 patients. Holding more will need a paid plan, which we'll describe, with its price, before it's offered. Free accounts will keep the 5-patient allowance.
• Footnotes is still being developed. Features may change, be added or be removed, and there may be faults. We'll fix problems as quickly as we reasonably can, but we don't promise the app will always be available or work without errors.
• Keep your own copy of anything important. The full-record export lets you save any patient's record as a PDF or data file.
• We'd like your feedback. You agree we can use it to improve Footnotes without paying you, and we won't name you without asking.
• Made-up patients only, for now. Until we tell you in writing that the beta is ready for real records, enter only invented patients, and no real person's details.

4. Keeping your account safe

• Use a strong password you don't use anywhere else, and keep your authenticator app and PIN to yourself.
• Keep the phone or tablet you use locked with its own passcode, and keep its software up to date.
• Sign out on any device you no longer use. Signing out clears patient records from it.
• Tell us straight away if you think someone else has got into your account, or a device with Footnotes on it is lost or stolen.

Records saved on a device with no signal are sent when signal returns. Anything not yet sent is lost if the device is wiped, for example after five wrong PINs, so let the app sync when you can.

5. Your patients' records

You're the controller of your patients' records under UK data protection law. That means you're responsible for:

• having a lawful reason to keep each record, and the consents you need, including from a parent for a young child;
• giving patients your own privacy notice, which should mention that you use Footnotes to keep their records;
• paying the ICO data protection fee if it applies to you;
• the accuracy of what you record, and answering patients' requests to see, correct or delete their records;
• deciding how long records are kept.

We handle the records only to provide Footnotes to you, as our data processing agreement sets out. It forms part of these terms.

6. Clinical responsibility

Footnotes helps you record and organise your work. It doesn't give medical advice, diagnose or decide treatment, and it isn't a medical device. Everything you record, including risk levels, findings, treatment and referrals, is your own professional judgement, and you remain responsible for the care you give.

7. Using Footnotes properly

You agree not to:

• use Footnotes for anything unlawful, or record information you have no right to hold;
• try to get into anyone else's account or records, or get round the app's security;
• test, scan or overload the service, or copy or reverse-engineer it, except where the law allows;
• upload anything harmful, such as viruses, or anything unrelated to patient care, such as photos other than of the treated area.

8. Emails to patients

When you ask Footnotes to email a patient, it sends the email on your behalf, showing your name and business name, with replies going to you. You're responsible for having the patient's agreement to be emailed and for what you add to the email. Patient emails never include detailed clinical notes or medical history.

9. Ownership

Your records belong to you. You give us permission to store, copy and show them only as needed to provide Footnotes to you. Footnotes itself, including its design, code and name, belongs to us. You may use it for your business while you have an account.

10. Ending your use of Footnotes

• You can stop using Footnotes at any time by asking us to close your account. Export what you need first.
• We may suspend or close an account immediately to protect patients, other practitioners or the service, or if these terms are seriously broken. We'll tell you why unless the law prevents us.
• We may end the beta, or Footnotes, with at least 30 days' notice.
• When an account closes for any reason, you'll have 30 days to export your records (we'll help if you can't sign in). We then delete them, including from backups, within 90 days.

11. Our responsibility to you

Nothing in these terms limits our responsibility for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't allow us to limit.

Otherwise:

• we aren't responsible for loss of profit, business, income or goodwill, or for any indirect loss;
• we aren't responsible for losses caused by things outside our reasonable control, by your device, or by you not following these terms;
• our total responsibility to you in any 12 months is limited to the greater of £100 and what you've paid us in that time.

Our responsibilities for keeping patients' records safe are set out in the data processing agreement.

12. Changes to these terms

We may update these terms as Footnotes develops. We'll tell you by email at least 30 days before a change that affects you takes effect, unless it's needed sooner by law or for security. If you don't agree, you can close your account before then.

13. General

• These terms are governed by the law of England and Wales, and its courts deal with any dispute. Please talk to us first; most problems can be sorted out quickly.
• If any part of these terms can't be enforced, the rest still applies.
• If we don't enforce a term straight away, we can still enforce it later.
• We may transfer this agreement to someone who takes over Footnotes, who must keep to it. You may not transfer it without our agreement.
• Nobody else has rights under these terms.