Terms of Service
Hospital Handover Terms of Service
Last modified: April 28, 2025.
1. Agreement to Terms
1.1. These Terms are a legal agreement between you ("you" or "users") and Hospital Handover ("we," "us," or "our"). The Terms set out how you may use the Hospital Handover application ("Service"). By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms of Service ("Terms") and confirm you have read and understand our Privacy Policy, which is incorporated by reference.
1.2 Please read these Terms carefully before you start to use our Service. If you do not agree with the Terms, you should not access or use our Service.
2. Service Description
Hospital Handover is a B2B application designed to facilitate patient care handover between hospital staff during shift changes. The Service provides note-taking and information management capabilities specifically for healthcare professionals to document and transfer patient care information.
3. Account Registration and Use
3.1. Account registration and confidentiality. The Service is available only to healthcare professionals by creating an account. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your account credentials remain confidential and secure, and you agree that you will not allow others to access the Service using your account. By registering, you agree that you are fully responsible for all activities that occur under your account. We may assume that any communications we receive under your account have been made by you.
3.2. Hospital Handover admin account. If you have a Hospital Handover admin account, you represent and warrant that you have the authority to make decisions on behalf of your organization, that you are authorized to administer other accounts (e.g. by sharing your patients' data with others) and agree that Hospital Handover is entitled to rely on your instructions. In the event that you lose access to your account or otherwise request information about an account, we reserve the right in our sole discretion to request from your or the Hospital Handover admin account any verification we deem necessary before restoring access to or providing information about such account.
3.3. Account security. You are responsible for notifying us at hospitalhandover@gmail.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. We will not be liable for any loss, damages, liability, expenses or attorneys' fees that you may incur as a result of someone else using your account, either with or without your knowledge and/or authorization, and regardless of whether you have advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys' fees incurred by us or a third party due to someone else using your account.
4. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service only for the internal uses authorized by the applicable Hospital Handover admin account, and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Service. We may revoke this license at any time, at our sole discretion.
5. Acceptable Use Policy
You acknowledge and agree to comply with the following rules regarding acceptable use of the Service (the "Acceptable Use Policy").
5.1 Disruption of the Service. You may not:
- Access or tamper with the Service, our systems, or the technical delivery systems of our providers; or
- probe, scan, or test the vulnerability of any system or network or circumvent any security measure; or
- access or search the Service by any means other than our interfaces (for example, "scraping"); or
- interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure or the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content that interferes with the Service; or
5.2 Misuse of the Service. You may not use the Service to carry out, promote or support:
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity (e.g., "spoofing", "phishing");
- the violation of any applicable laws, regulations or the rights of others. This includes your hospital protocols, policies and procedures, submitting to the Service or sharing of another person's confidential or personal information without their express authorization and permission);
- the development of services that compete with Hospital Handover;
5.3 Violations. If we reasonably believe a violation of this Acceptable Use Policy has occurred or may occur in the near future in a manner that may disrupt the Service for other users, we may suspend or terminate your access to the Service, without any liability to us and in addition to any other remedies that may be available to us. We also reserve the right to notify the applicable Hospital Handover admin account.
6. Proprietary Rights
We exclusively own all right, title, and interest in and to all intellectual property rights in the Service. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service shall, as between you and Hospital Handover, at all times be and remain the sole and exclusive property of Hospital Handover.
7. Handover information
7.1. The Service allows you to create and submit or otherwise make available handover information to the Service in order to share the associated patients' information with other hospital staff. The handover information is owned and controlled by your organization, in accordance with your hospital protocols, policies and procedures.
7.2. You represent and warrant that you have all required rights to submit or otherwise make available handover information without violation or infringement of any third-party rights. You understand that we do not control, and are not responsible for, handover information and that, by using the Service, you may be exposed to handover information from other users that is inaccurate, misleading, or otherwise objectionable.
8. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, HOSPITAL HANDOVER DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF HANDOVER INFORMATION) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOSPITAL HANDOVER WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL HOSPITAL HANDOVER DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE, OR ANY LINK PROVIDED ON THE SERVICE, WHETHER OR NOT HOSPITAL HANDOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE IN THE PREVIOUS 12 MONTHS.
9. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HOSPITAL HANDOVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF HANDOVER INFORMATION TO THE SERVICE, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
10. Modifications to the Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
11. No waiver, interpretation and severability
11.1. The failure of Hospital Handover to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.
11.2. In these Terms, headings are for convenience only and "including" and similar terms are to be construed without limitation.
11.3. If any provision of these Terms is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
12. Updates to Terms
12.1 We may revise these Terms from time to time by posting a modified version on our website. If, in our sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service. If you do not agree to or cannot comply with the modified Terms, you must stop using the Service.
12.2 Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of the Service after any update to these Terms constitutes your acceptance of such changes.
14. Contacts
For questions about these Terms, contact hospitalhandover@gmail.com.
Privacy Policy
Hospital Handover Privacy Policy
Last modified: April 28, 2025.
This Privacy Policy explains what we do with the personal data we obtain via your use of our Hospital Handover.
Our Responsibilities
If you create an account with Hospital Handover, we act as the GDPR data controller of personal data about you. However, we act as the GDPR data processor for any personal data about your patients that you put into Hospital Handover.
Your Responsibilities
Only submit information about your patients with their explicit consent. We will only use that information for the specific reason for which it was provided to us: help you with your handover. By submitting the information, you confirm that you have the right to authorize us to process it on your behalf.
Personal Data We Collect
We only collect your name and email address. If you contact us, e.g. to request support or provide feedback, we will also keep a record of that correspondence.
How and Why We Use Your Personal Data
Data protection law means that we can only use your data for specific reasons and where we have a legal basis to do so. Here are the reasons for which we process your data:
- Making Hospital Handover work - for the service to work, we need you to create an account. To do this, we rely on our contract with you.
- Customer Support - to help you with your queries, solve issues, and notify you with any changes to our service. To do this, we rely on our contract with you.
- Security - to detect, prevent, or otherwise address security issues and, in doing so, protect your account and the Hospital Handover service. To do this, we rely on our legitimate interest or the legitimate interest of a third party.
- In the context of legal claims - to defend, exercise or establish our legal rights. To do this, we rely on our legitimate interest.
Who We Share Your Personal Data With
We disclose your personal data only if we are legally required to do so, or if we have a good faith belief that is reasonably necessary to comply with a legal obligation.
Where We Process Your Personal Data
We process your personal data exclusively in the European Economic Area.
How Long We Keep Your Personal Data
We keep your personal data for as long as you are registered with us and delete it from our systems after 1 year after you stop interacting with the service. We keep the information in this time in case there are any legal claims relating to your time as a customer.
Security
We have physical and electronic procedures in place to safeguard and secure the information we collect, including secure premises and encryption in transit and at rest.
Please remember: although we have in place security measures to maintain the privacy and integrity of your information, unfortunately, the transmission of Information via the internet is not completely secure. You provide personal data at your own risk.
Your Rights
You have the following rights that you can exercise by sending us an email at hospitalhandover@gmail.com:
- Access - you have the right to access information we hold about you.
- Deletion - you have the right to be 'forgotten' by us. You can do this by asking us to delete your account.
- Correction - you have the right to make us correct any inaccurate personal data about you.
- Objection - you have the right to object to our use of your personal data processed on the basis of legitimate interest.
- Portability - you have the right to port your data to another service.
Complaints
If you are not satisfied with the way we handle your personal data, please tell us first, so we have a chance to address your concerns. If we fail in this, you can address any complaint to your local data protection authority.
Changes to the Privacy Policy
Any updates or changes to this Privacy Policy will be published here. If there are any significant changes, we will notify you by email.