Terms of Service

1. Agreement to Terms

By accessing or using RxSure (“the Platform”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access the Platform.

2. Description of Service

RxSure is a pharmacy compliance and clinical services platform that enables UK pharmacies and healthcare professionals to:

• Manage appointment bookings
• Conduct guided consultations
• Generate compliant clinical documentation
• Track compliance requirements and maintain audit trails
• Process patient payments

3. NHS Integrated Services

The Platform integrates with NHS systems subject to the following terms:

• NHS Data Access: Access to NHS patient data (via the Personal Demographics Service, MESH, and other NHS APIs) is provided through authenticated sessions using NHS Care Identity Service 2 (CIS2).
• Permitted Use: NHS patient data must be used solely for direct patient care in NHS pharmacy services.
• Data Handling: Users must comply with all applicable NHS data sharing agreements and Caldicott Principles.
• CIS2 Authentication: Only registered healthcare professionals with valid NHS credentials may access NHS-integrated features.
• Service Availability: NHS England operates NHS Digital services independently. RxSure will continue to function during NHS service outages with limited NHS functionality.
• Compliance Obligations: Organisations must maintain current Data Security and Protection Toolkit (DSPT) compliance.
• Acceptable Use Policy: Users must comply with the NHS Connection Agreement End User Acceptable Use Policy.

4. Eligibility

To use the Platform you must:

• Be a registered pharmacy or healthcare professional in the United Kingdom
• Hold valid GPhC registration or equivalent
• Have legal authority to bind your organisation
• Be at least 18 years of age

5. Account Registration

5.1 Account Creation

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.

5.2 Account Security

You must:

• Keep login credentials secure
• Notify us immediately of any unauthorised access
• Not share accounts with unauthorised individuals
• Log out of shared devices

6. Subscription and Payment

6.1 Pricing

6.2 Payment Terms

Subscriptions are billed monthly or annually in advance. All prices are in GBP, exclusive of VAT. Payment is due upon invoice. All major payment methods are accepted.

6.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods. Data export is available for 30 days post-cancellation.

7. Use of the Platform

7.1 Permitted Use

You may use the Platform only for lawful purposes related to your pharmacy or healthcare practice, in compliance with all applicable laws and regulations.

7.2 Prohibited Activities

You must not:

• Engage in any illegal activity
• Violate healthcare regulations
• Transmit malware or harmful code
• Attempt unauthorised access to any part of the Platform
• Interfere with platform operations
• Scrape or mine data from the Platform
• Sublicense platform access to third parties
• Misrepresent your identity or authority

7.3 NHS Data Restrictions

When accessing NHS patient data through the Platform, you must not:

• Access patient records without a legitimate clinical relationship
• Share NHS patient data with unauthorised third parties
• Use NHS patient data for purposes other than direct patient care

8. Clinical Responsibility

RxSure is a platform tool only. All clinical decisions, clinical services, and patient care remain the sole responsibility of the registered healthcare professional using the Platform. Clinical questionnaires are tools to support clinical decision-making, not clinical advice. Users must exercise independent professional judgement and maintain appropriate professional indemnity insurance.

9. Data Protection

9.1 Your Responsibilities

As data controller you must:

• Obtain valid patient consent
• Ensure a lawful processing basis
• Respond to data subject requests
• Maintain appropriate security measures

9.2 Our Responsibilities

As data processor we:

• Process data only on your instructions
• Implement appropriate security measures
• Assist with data subject requests
• Notify you of data breaches

9.3 Data Processing Agreement

A Data Processing Agreement (DPA) is available and required for all pharmacies and practitioners processing patient data through the Platform.

9.4 Data Breach Notification

We will notify you (as data controller) without undue delay and no later than 72 hours after becoming aware of a breach.

10. Service Level Commitment

10.1 Availability

The Platform targets 99.9% uptime, measured monthly, excluding scheduled maintenance windows. Maintenance typically occurs 02:00–06:00 GMT with 48 hours’ notice.

10.2 Support Response Times

• Critical issues: 4 hours (business hours)
• High priority: 8 hours (business hours)
• Standard issues: 2 business days

10.3 Data Backup & Recovery

Daily automated backups are retained for 30+ days. 24-hour recovery point objective. 4-hour recovery time objective for critical services.

11. Intellectual Property

11.1 Our Property

The Platform, including all software, content, trademarks, and materials, is owned by RxSure and protected by intellectual property laws.

11.2 Your Content

You retain ownership of your data and content. You grant us a limited licence to process it for service delivery.

11.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer any part of the Platform
• Remove proprietary notices
• Use our trademarks without permission

12. Limitation of Liability

Our total liability is limited to fees paid in the 12 months prior to the claim. We accept no liability for indirect or consequential damages or third-party services. This does not exclude liability for death, personal injury, or fraud.

12.1 NHS Service Limitations

We accept no liability for:

• NHS service unavailability
• Data inaccuracies in NHS systems
• NHS specification changes
• Access suspension by NHS England

13. Indemnification

You agree to indemnify RxSure from any claims arising from:

• Your use of the Platform
• Clinical decisions made using the Platform
• Breach of these Terms
• Violation of applicable law
• Infringement of third-party rights

14. Termination

14.1 By You

You may cancel your subscription at any time via your account settings or by contacting support.

14.2 By Us

We may suspend or terminate your access for:

• Breach of these Terms
• Non-payment
• Prohibited activities
• Ineligibility

14.3 Effect of Termination

Upon termination:

• Access to the Platform ceases immediately
• Data export is available for 30 days
• Data is retained as legally required
• Surviving provisions remain in force

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt informal resolution.

15.2 Governing Law

These Terms are governed by the laws of England and Wales.

15.3 Jurisdiction

The courts of England and Wales have exclusive jurisdiction.

16. Changes to Terms

We may update these Terms from time to time. Changes will be notified via email, in-app notice, or website posting. Continued use of the Platform after changes constitutes acceptance.

17. General Provisions

These Terms constitute the entire agreement between you and RxSure. If any provision is held unenforceable, the remaining provisions continue in force. Failure to enforce any right does not constitute a waiver. Assignment without consent is prohibited. Force majeure exemption applies.

18. AI-Assisted Features

18.1 Nature of AI Functionality

The “Consultation Assistant” is a supplementary support tool that does not diagnose, treat, provide clinical services, or substitute for professional clinical decisions. It is not classified as a medical device under the UK Medical Devices Regulations 2002 (as amended).

18.2 Clinical Responsibility

All clinical responsibility remains solely and entirely with the registered healthcare professional. RxSure accepts no clinical liability for AI-assisted features.

18.3 Practitioner Obligations

You must:

• Independently verify all AI output
• Apply professional judgement to all AI-generated content
• Override AI output when clinically appropriate
• Not present AI-generated content as your own clinical determination
• Maintain professional competency independent of AI tools
• Ensure your professional indemnity insurance covers AI tool use

18.4 Accuracy and Limitations

AI-generated output may be inaccurate, incomplete, outdated, or inappropriate for a specific patient. AI systems have inherent limitations. Output is generated probabilistically and should be treated as a starting point for professional review.

18.5 Limitation of Liability for AI Features

Total aggregate liability for AI-assisted features is limited to the lesser of: (a) fees paid in the three months immediately preceding the claim, or (b) £5,000. No liability is accepted for:

• Clinical harm arising from AI output
• Regulatory sanctions
• Clinical errors
• Loss of revenue
• Third-party claims

This does not exclude liability for death or personal injury arising from negligence or fraud.

18.6 Data Use for AI Improvement

Strictly anonymised and aggregated platform data may be used to improve AI features. No identifiable patient or practitioner data is used without explicit consent. Opt-out is available without affecting feature access.

18.7 Indemnification for AI Feature Use

You indemnify RxSure from claims arising from:

• Reliance on AI output without independent verification
• Clinical decisions made with AI-assisted features
• Patient harm related to AI feature use
• Failure to independently verify AI-generated content

18.8 Acknowledgement of Risk

By activating or using any AI-assisted feature, you expressly acknowledge and agree that:

• You have read and understood this Section 18 in its entirety
• You use these features voluntarily and at your own professional risk
• AI-assisted features supplement rather than replace your professional expertise
• You accept full responsibility for all clinical decisions made with or without AI assistance

18.9 Regulatory Compliance

AI features have been assessed under DCB0129 (Clinical Risk Management). A Clinical Safety Officer has reviewed and approved the inclusion of AI-assisted features. Clinical safety concerns should be reported to contact@rxsure.co.uk.

19. Contact Information