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Terms & Conditions

Please read these terms carefully before using CareBMSS. By creating an account or continuing to use the platform, your agency agrees to be bound by these terms.

Last updated: 27 July 2026

1. Definitions

In these Terms & Conditions, the following words have the meanings set out below:

  • "CareBMSS" means the workforce management software platform operated by CareBMSS Ltd, a company registered in England & Wales.
  • "Agency" or "you" means the care agency that has subscribed to CareBMSS and is the contracting party to these Terms.
  • "User" means any individual — including care workers, supervisors, and administrators — who accesses CareBMSS under your Agency account.
  • "Care Home" means a third-party care setting to which your Agency supplies staff and which may interact with CareBMSS functionality (e.g. receiving timesheets).
  • "Platform" means the CareBMSS web application, mobile application, APIs, and any associated software or services.
  • "Subscription" means the paid licence granted to the Agency to use the Platform in accordance with the selected plan.
  • "Shift Data" means all clock-in/clock-out records, timesheets, sign-off information, and related workforce data generated through the Platform.

2. The Agreement

These Terms & Conditions, together with our Privacy Policy and any Order Form or Subscription confirmation, constitute the entire agreement between CareBMSS Ltd and your Agency ('Agreement'). By registering for CareBMSS, you confirm that you have authority to bind your Agency to this Agreement.

If you are registering on behalf of an Agency, you warrant that you are duly authorised to enter into binding contracts on the Agency's behalf. If you do not have such authority, you must not register or use the Platform.

Eligibility

CareBMSS is intended for regulated care agencies operating within the United Kingdom. You must hold any registrations, licences, and approvals required by law to operate as a care staffing agency in your jurisdiction (including, where applicable, registration with the Care Quality Commission in England, the Care Inspectorate in Scotland, the Care Inspectorate Wales, or the Regulation and Quality Improvement Authority in Northern Ireland).

3. Access & Accounts

Account creation

You must provide accurate, current, and complete information when registering your Agency account. You are responsible for maintaining the accuracy of this information and for all activity that occurs under your account.

Administrator responsibilities

Each Agency account has one or more administrators who control access for all Users. Administrators are responsible for:

  • Inviting, managing, and removing Users promptly when their employment or engagement changes.
  • Ensuring each User has been made aware of and agrees to these Terms before accessing the Platform.
  • Maintaining appropriate access controls and not sharing administrator credentials.

Security

You must keep your login credentials secure and must not share them with any third party. You must notify CareBMS immediately at security@carebms.com if you suspect any unauthorised access to or use of your account.

CareBMSS will never ask for your password by email, phone, or any other channel.

4. Permitted Use

Licence

Subject to your ongoing compliance with these Terms and payment of applicable Subscription fees, CareBMSS grants your Agency a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal workforce management purposes.

Acceptable use

You agree to use the Platform only for lawful purposes. You must not:

  • Use the Platform to process, store, or transmit any data that is unlawful, defamatory, or infringes any third party's rights.
  • Attempt to gain unauthorised access to any part of the Platform or any system connected to it.
  • Introduce any virus, malware, or other harmful code into the Platform.
  • Reverse-engineer, decompile, or disassemble any part of the Platform.
  • Resell, sublicence, or otherwise make the Platform available to any third party without our prior written consent.
  • Use the Platform in a way that could damage, disable, overburden, or impair its infrastructure.
  • Scrape, harvest, or systematically extract data from the Platform by automated means.
  • Misrepresent Shift Data or timesheet records in a way that constitutes fraud or falsification of employment records.

Accuracy of shift data

Your Agency is solely responsible for ensuring that all Shift Data entered into or generated by the Platform — including clock-in and clock-out times, break deductions, and supervisor sign-offs — accurately reflects the actual hours worked by each worker. CareBMSS accepts no liability for inaccuracies arising from incorrect data entry or fraudulent supervisor sign-offs.

5. Data & Privacy

CareBMSS processes personal data in accordance with our Privacy Policy, which forms part of this Agreement. The Privacy Policy explains what personal data we collect, how we use it, and the rights available to data subjects.

Data controller and processor

In relation to the personal data of your workers, supervisors, and other Users, your Agency acts as the data controller and CareBMSS acts as a data processor on your behalf. We will process such data only on your documented instructions and in accordance with the Data Processing Agreement incorporated into our Privacy Policy.

Your obligations

As data controller, you are responsible for:

  • Having a valid lawful basis under UK GDPR for processing worker personal data through the Platform.
  • Providing appropriate transparency notices to your workers about how their data will be used.
  • Responding to data subject access requests and other rights requests from your workers.
  • Notifying CareBMSS promptly of any data breach that may affect personal data held on the Platform.

Retention

Shift Data and associated records are retained for a minimum of six years from creation to comply with HMRC record-keeping requirements, unless you request earlier deletion in accordance with our data retention policy. Upon account termination we will provide you with an export of your data before deletion.

6. Payment Terms

Subscription fees

Subscription fees are charged in accordance with the plan selected at registration or as otherwise agreed in an Order Form. All fees are quoted in pounds sterling (GBP) and are exclusive of VAT, which will be added at the prevailing rate where applicable.

Billing cycle

Subscriptions are billed monthly or annually in advance, depending on your chosen plan. Fees are collected automatically from the payment method on file on the renewal date.

Late payment

If payment is not received within 14 days of the due date, CareBMSS reserves the right to suspend access to the Platform until all outstanding amounts are settled. Continued non-payment may result in termination of your Subscription in accordance with Section 9.

Refunds

Subscription fees are non-refundable except where required by applicable law or as expressly stated in these Terms. If you cancel during a billing period, your access will continue until the end of that period and no partial refund will be issued.

Price changes

CareBMSS may change Subscription pricing at any time. We will give you at least 30 days' written notice of any price increase. Your continued use of the Platform after the notice period constitutes acceptance of the new pricing.

7. Intellectual Property

The Platform, including all software, design, text, graphics, and underlying technology, is owned by or licensed to CareBMSS Ltd and is protected by copyright, trade mark, and other intellectual property laws throughout the UK and internationally.

These Terms do not grant you any right, title, or interest in the Platform beyond the limited licence described in Section 4. All rights not expressly granted are reserved.

Your data

You retain ownership of all Shift Data and other content you upload or generate through the Platform. By using the Platform, you grant CareBMSS a limited licence to process your data as necessary to provide the service, including hosting, backup, and transmission to third parties at your direction (e.g. emailing timesheets to a care home on your instruction).

8. Limitation of Liability

Disclaimer of warranties

The Platform is provided on an "as is" and "as available" basis. While we take reasonable steps to maintain uptime and security, CareBMSS makes no warranty that the Platform will be uninterrupted, error-free, or free from harmful components.

Limitation of liability

To the fullest extent permitted by law, CareBMSS's total aggregate liability to your Agency under or in connection with this Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total Subscription fees paid by your Agency in the twelve months immediately preceding the claim.

Excluded losses

CareBMSS shall not be liable for any:

  • Loss of profit, revenue, or business.
  • Loss of anticipated savings.
  • Loss or corruption of data (other than as a direct result of our breach).
  • Indirect, consequential, or special loss.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

9. Termination

Termination by you

You may cancel your Subscription at any time via your account settings or by contacting us at support@carebmss.com. Cancellation takes effect at the end of the current billing period.

Termination by CareBMS

CareBMSS may suspend or terminate your account immediately if:

  • You breach any material provision of these Terms and (where the breach is capable of remedy) fail to remedy it within 14 days of written notice.
  • You become insolvent, enter administration, or are subject to any analogous insolvency event.
  • We reasonably believe continued access poses a risk to the Platform, other users, or third parties.
  • You fail to pay fees in accordance with Section 6.

Effect of termination

Upon termination, your Agency's right to access the Platform ceases immediately. We will make your Shift Data available for export for 30 days following termination, after which it will be deleted in accordance with our data retention policy.

10. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

Where your Agency is based in Scotland or Northern Ireland, this governing law clause does not affect any mandatory rights you may have under Scots law or Northern Ireland law respectively.

11. Changes to These Terms

CareBMSS may update these Terms from time to time to reflect changes in our services, applicable law, or best practice. We will notify you of any material changes by email or via an in-app notice at least 30 days before they take effect.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you should cancel your Subscription before the changes take effect.

12. Contact Us

If you have any questions about these Terms, please contact us:

For data protection enquiries, please contact our Data Protection Officer at dpo@carebmss.com.