Terms of Service

Effective Date: 01/01/2025

Welcome to FamilyAxis! These Terms of Service ("Terms") govern your use of the FamilyAxis platform (the "Platform") provided by [Your Company Name] ("Company," "we," "our," or "us"). By accessing or using the Platform, you agree to these Terms. If you do not agree, you may not use the Platform.

1. Definitions

• "Platform" refers to the FamilyAxis software-as-a-service (SaaS) platform, including scheduling tools, data storage, task tracking, analytics, observation editors, risk analysis charts, and report generation.
• "User" refers to any individual or entity accessing the Platform, including staff from family assessment companies.
• "Resident Data" refers to data logged by Users on the Platform related to their professional activities.

2. Eligibility

By using the Platform, you confirm that you:

• Are at least 18 years old.
• Are authorized to act on behalf of your company or organization (if applicable).
• Comply with applicable laws and regulations in your region.

3. Account Registration

To use the Platform, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

4. Subscription and Fees

• The Platform operates on a subscription model, billed monthly or yearly, based on the number of active residents.
• Payment processing is handled by third-party providers (e.g., Stripe, Lemon Squeezy). By subscribing, you agree to their terms and conditions.
• Subscription fees are non-refundable unless required by law. If a user cancels their subscription in the middle of a billing cycle, the subscription will remain active until the end of the current billing period, and no partial refunds will be issued.

5. User Data and Ownership

• Users retain ownership of Resident Data entered into the Platform. The Company does not claim ownership of any user data; however, we retain limited rights to process the data solely for the purpose of providing and improving the Platform’s services.
• We host the data securely in our databases, which are protected by replication, encryption, and strict authentication protocols.
• Upon account termination, Users may download a complete export of their data. Data will be deleted from our servers 30 days after termination unless required for legal or compliance purposes.

6. Prohibited Uses

You agree not to:

• Use the Platform for any illegal or unauthorized purpose.
• Upload viruses, malicious code, or engage in activities that harm the Platform or other users.
• Violate the rights of others, including intellectual property rights or privacy rights.

7. Data Privacy

We do not collect or sell user data beyond what is necessary for:

• Payment processing.
• Authentication of accounts.
• Maintaining company and user records.

In the event of a data breach, we will notify affected users within 72 hours of becoming aware of the breach, as required by GDPR. We will also take all reasonable steps to mitigate the effects of the breach and secure our systems to prevent future incidents.

The use of the Platform is subject to our Privacy Policy, which complies with GDPR and other applicable regulations in the UK and Ireland.

8. Service Availability and Support

• While we strive to maintain 99.9% uptime, we do not guarantee uninterrupted access to the Platform.
• Support is available via live chat, email, and a ticket system. Our support team is available Monday through Friday, 9:00 AM to 6:00 PM (GMT). Response times may vary, but we aim to address all inquiries within 24 hours.

9. Limitation of Liability

To the fullest extent permitted by law:

• The Platform is provided "as is" without warranties of any kind, express or implied.
• We are not liable for any indirect, incidental, or consequential damages arising from your use of the Platform.
• Our liability for direct damages is limited to the amount you have paid for the service in the last 12 months.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising from or related to:

• Your use of the Platform.
• Your violation of these Terms or applicable laws.
• Your infringement of any intellectual property or other rights of a third party.

11. Termination and Cancellation

• Users may cancel their subscription at any time via the Platform.
• Upon cancellation, users have 30 days to export their data. After this period, data will be permanently deleted from our systems unless required by law.
• We reserve the right to terminate accounts for violation of these Terms or misuse of the Platform.

12. Intellectual Property

All intellectual property rights in the Platform, including software, design, and content, belong to us. You may not copy, modify, or distribute any part of the Platform without our prior written consent.

13. Force Majeure

We are not responsible for delays or failures in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labour disputes, power outages, internet service interruptions, or cyberattacks.

14. Changes to the Terms

We may update these Terms from time to time. Changes will be notified via email or the Platform. Continued use of the Platform after updates constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the United Kingdom and Ireland. Any disputes arising from these Terms will first be referred to arbitration or mediation, as agreed upon by both parties, before proceeding to court. If court proceedings become necessary, disputes will be resolved in the courts of Ireland.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

17. Waiver

Failure by the Company to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

For questions or concerns about these Terms, please contact us at:

Email: [email protected]