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Last updated1. Introduction2. Licence and Usage Rights3. Usage Limitations
and Prohibitions
4. Service Availability and Uptime5. Service Requirements6. Backup and Data Recovery7. Beta Features8. Third-Party Services Integration9. Payment and Billing10. Data Protection and Privacy11. Security Obligations12. Support Services and
Response Times
13. Change Control14. Ownership of Feedback15. Trial Periods16. Termination of Agreement17. Force Majeure18. Communications and Notices19. Governing Law and Jurisdiction20. Entire Agreement

Care Reality End User Licence Agreement (EULA)

Here's how we protect your data, and the full details of our privacy policy.

Last updated: 23/10/2024

This End User Licence Agreement ("Agreement") is made and entered into on the date of acceptance of this Agreement (the “Effective Date”) by and between:

Care Reality Ltd, having its registered office at: Care Reality,  C/O Farries, Kirk & McVean. Dumfries Enterprise Park,, Heathhall, Dumfries, United Kingdom, DG1 3SJ ("Care Reality" or "Provider"), and you, the "Customer".

This Agreement sets forth the terms and conditions under which Care Reality will provide access to its FLO XR learning platform ("Service") to the Customer.

1. Introduction

1.1. This Agreement governs the use of Care Reality’s FLO XR learning platform, including any updates or supplementary materials provided, and outlines the rights and obligations of both Care Reality and the Customer.

1.2. By using the Service, the Customer agrees to the terms laid out in this Agreement. Care Reality grants the Customer access to the Service under the terms and conditions specified herein.

2. Licence and Usage Rights

2.1. Care Reality grants the Customer a non-exclusive, non-transferable right to use the Service for the duration of the selected subscription plan, which is initially for 12 months, renewable thereafter.

2.2. The Customer may download, install, and access the Service on devices that meet the specified system requirements, for internal use only, and within the limits of their subscription plan.

2.3. The Customer may access any provided documentation in support of the Service for lawful internal business purposes.

3. Usage Limitations and Prohibitions

3.1. The Customer agrees not to: a. Reverse engineer, decompile, or disassemble any part of the Service or associated software. b. Sub-license, rent, lease, or otherwise make the Service available to third parties. c. Modify or create derivative works from the Service. d. Use the Service in any manner not authorised under this Agreement, including any attempt to interfere with or disrupt the platform’s functionality or security.

4. Service Availability and Uptime

4.1. Care Reality will make commercially reasonable efforts to ensure the availability of the Service with a target uptime of [99.9%], excluding planned maintenance or unforeseen circumstances. Any planned maintenance that may affect availability will be communicated to the Customer in advance.

4.2. Unforeseen events may cause temporary downtime, and Care Reality will strive to restore the Service as quickly as possible in such instances.

5. Service Requirements

5.1. The Service requires certain minimum technical specifications, which may vary depending on the hardware or software used by the Customer. These specifications include:

  • A Meta Quest or other compatible VR headset.
  • A stable internet connection of at least 0.36 Mbps per device.

5.2. The Customer acknowledges that failure to meet these requirements may impact their ability to use the Service effectively.

6. Backup and Data Recovery

6.1. Care Reality does not provide data backup services. The Customer is responsible for maintaining their own backups of any data entered into the Service.

6.2. Care Reality is not responsible for any data loss due to system outages, user error, or other circumstances.

7. Beta Features

7.1. From time to time, Care Reality may offer access to beta or experimental features. These features are provided on an “as-is” basis, with no guarantees of performance or stability, and are subject to change or removal at any time.

7.2. The Customer’s use of beta features is entirely at their own risk.

8. Third-Party Services Integration

8.1. The Service may include integrations with third-party services. Care Reality is not responsible for the availability, functionality, or security of third-party services.

8.2. The Customer’s use of third-party services is governed by the terms and conditions of those service providers, and Care Reality shall have no liability in connection with third-party services.

9. Payment and Billing

9.1. The Customer agrees to pay the subscription fees in full at the time of signing up for the selected subscription plan. Payment must be received and processed before access to the Service is granted.

9.2. The subscription will automatically renew for an additional 12 months unless cancelled with at least [30 days'] written notice prior to the renewal date. Payment for the renewal term will be required upfront before continued access to the Service is provided.

9.3. Care Reality reserves the right to suspend or terminate access to the Service immediately in the event of non-payment.

10. Data Protection and Privacy

10.1. The Customer retains full ownership of any data they input into the Service. Care Reality acts as a data processor and complies with all relevant data protection laws, including the UK GDPR.

10.2. Care Reality will ensure the security of the Customer’s data and implement appropriate technical and organisational measures to protect against unauthorised access or disclosure.

10.3. The Customer agrees to Care Reality's [Privacy Policy], which outlines the handling of personal data in connection with the Service.

11. Security Obligations

11.1. The Customer is responsible for maintaining the confidentiality of their access credentials and ensuring the security of their account.

11.2. Care Reality will implement reasonable security measures to protect the Service from unauthorised access, but the Customer is responsible for following industry best practices in securing their own devices and data.

12. Support Services and Response Times

12.1. Care Reality provides technical support during regular UK business hours. Support requests will be addressed within [24 hours] on business days.

12.2. Care Reality reserves the right to prioritise support requests based on the severity of the issue reported.

13. Change Control

13.1. Care Reality reserves the right to update or modify the Service from time to time to improve functionality, address legal or security concerns, or introduce new features.

13.2. Customers will be notified of any significant changes that impact their use of the Service, with reasonable notice provided where possible.

14. Ownership of Feedback

14.1. Any feedback, suggestions, or ideas provided by the Customer regarding the Service may be used by Care Reality to improve the platform.

14.2. By providing feedback, the Customer grants Care Reality a non-exclusive, royalty-free, perpetual licence to use such feedback for any purpose.

15. Trial Periods

15.1. Care Reality may offer a free trial of the Service for a limited period. During the trial period, the Service is provided on an “as-is” basis, with no guarantees of availability, performance, or support.

15.2. At the end of the trial period, the Customer must subscribe to a paid plan to continue using the Service.

16. Termination of Agreement

16.1. Either party may terminate this Agreement by providing written notice [30 days] prior to the end of the Licence Term or any renewal.

16.2. Care Reality reserves the right to terminate this Agreement immediately if the Customer breaches any material terms.

16.3. Upon termination, the Customer must cease all use of the Service and delete or return any copies of related software and documentation.

17. Force Majeure

17.1. Neither party shall be liable for any failure or delay in performing their obligations under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of God, war, strikes, pandemics, or interruptions in telecommunications.

17.2. In the event of such circumstances, the affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

18. Communications and Notices

18.1. Any notices or updates to the terms of this Agreement will be provided to the Customer via email or posted on Care Reality's website.

18.2. The Customer may provide notice to Care Reality via email or registered post to the address specified above.

19. Governing Law and Jurisdiction

19.1. This Agreement shall be governed by and construed in accordance with the laws of Scotland.

19.2. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Scottish courts.

20. Entire Agreement

20.1. This Agreement constitutes the entire understanding between the parties concerning the subject matter herein and supersedes all prior discussions, agreements, or representations.

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