Terms & Conditions.

By creating an account, installing a mobile application, or otherwise accessing a New Gen Solution, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Solutions.

We may offer additional terms specific to an individual product (for example, CareSync or Onshyft). Where those product-specific terms conflict with this document, the product-specific terms take precedence for that product.

• Solution(s)Any software, platform, application, or mobile app developed, licensed, or operated by New Gen Technologies.
• CustomerThe individual or organisation that registers for, subscribes to, or otherwise uses a Solution.
• Authorised UserAny individual granted access to a Solution under your account, including employees, contractors, or agents.
• ContentAny data, records, files, or information submitted to, stored in, or generated within a Solution by you or your Authorised Users.
• SubscriptionThe paid or trial plan under which you are granted access to a Solution.

Subject to your compliance with these Terms and payment of any applicable fees, New Gen grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Solutions for your internal business purposes.

This licence does not permit you to resell, sublicense, reverse engineer, decompile, or create derivative works from any Solution, nor to use it to build a competing product. All rights not expressly granted to you remain with New Gen.

To use most Solutions you will need to register for an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us immediately at sales@newgen.co.uk if you become aware of any unauthorised use of your account.

Access to paid Solutions is provided on a subscription basis as set out in your order form or plan selection. Unless otherwise agreed in writing, fees are billed in advance and are non-refundable except where required by law.

We may change our pricing from time to time. Where a change affects an active Subscription, we will give you reasonable advance notice before the new pricing takes effect. Continued use of the Solution after that date constitutes acceptance of the updated pricing.

Failure to pay any amount when due may result in suspension or termination of your access to the Solution, in accordance with the "Termination" section below.

You agree not to use a Solution to:

• Break any applicable law or regulation, including data protection legislation;
• Upload or transmit malicious code, or attempt to gain unauthorised access to our systems;
• Interfere with or disrupt the integrity or performance of the Solution or its underlying infrastructure;
• Copy, resell, or make the Solution available to any third party outside your organisation without our written consent;
• Use the Solution to process content you do not have the lawful right to process.

We reserve the right to suspend access for any account reasonably believed to be in breach of this section, while we investigate.

All intellectual property rights in the Solutions, including their design, source code, and underlying technology, belong to New Gen Technologies or our licensors. Your Content remains your property; we do not claim ownership over data you submit to a Solution.

By using a Solution, you grant New Gen a limited licence to host, process, and display your Content solely for the purpose of providing and improving the Solution to you.

We take the protection of Customer and end-user data seriously, particularly where our Solutions are used in regulated sectors such as care. Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.

Where a Solution involves us processing personal data on your behalf, the terms of our applicable Data Processing Agreement will also apply. You are responsible for ensuring you have a lawful basis to submit any personal data to a Solution.

Some Solutions integrate with third-party services, app stores, or APIs (for example, Apple App Store or Google Play). Your use of those services is subject to the relevant third party's own terms, and New Gen is not responsible for their performance, availability, or content.

We work hard to keep our Solutions available and performant, but we do not guarantee uninterrupted access. We may carry out planned maintenance, and from time to time a Solution may be affected by factors outside our reasonable control.

Where a specific uptime commitment applies to your Subscription, it will be set out in your order form or a separate service level agreement.

The Solutions are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

Our Solutions are tools to support your operations and are not a substitute for your own professional judgement, policies, or regulatory obligations.

To the fullest extent permitted by law, New Gen's total liability arising out of or in connection with these Terms, whether in contract, tort, or otherwise, will not exceed the total fees paid by you for the relevant Solution in the twelve (12) months preceding the event giving rise to the claim.

We will not be liable for any indirect, incidental, or consequential loss, including loss of profits, data, or goodwill, except where such liability cannot be excluded by law.

You may cancel your Subscription at any time in accordance with your plan terms. We may suspend or terminate your access to a Solution if you materially breach these Terms and fail to remedy the breach within a reasonable period after notice, or immediately in cases of serious misuse or non-payment.

On termination, your right to access the Solution ends. We will retain or return your Content in accordance with our Privacy Policy and any applicable data processing terms.

We may update these Terms from time to time to reflect changes to our Solutions, our business, or applicable law. Where changes are material, we will provide reasonable notice before they take effect, for example by email or an in-app notification. Continued use of a Solution after that date constitutes acceptance of the revised Terms.

These Terms are governed by the laws of England and Wales. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

If you have any questions about these Terms, please get in touch with our team.