Skip to main content
← Back to home
Terms of Service

Last updated: August 2026

1. Introduction

These Terms of Service ("Terms") govern access to and use of the Babiha platform and related services ("Services"), provided by Babiha Care Solutions Limited, a company registered in England and Wales under number 17081576, with its registered office at 8b Kelvin House, Kelvin Way, Crawley, RH10 9WE ("Babiha", "we", "us"). By creating an account or using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Services.

2. Definitions

  • Customer: the care agency or organisation that subscribes to the Services.
  • Authorised Users: the individuals the Customer permits to use the Services (such as its staff).
  • Customer Data: the data the Customer and its Authorised Users enter into the Services, including service user care records.
  • Subscription: the plan and term the Customer has signed up for.

3. Accounts and Authorised Users

To use the Services you must register for an account. You are responsible for keeping account credentials confidential, for the activity of your Authorised Users, and for ensuring your Authorised Users comply with these Terms. You must provide accurate account information and keep it up to date.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. You must not misuse the Services or interfere with their operation or security.

5. Free Trial

New agencies receive a 30-day free trial of the Services. No payment card is required to begin, and nothing is charged automatically when the trial ends — you choose whether to subscribe. We will remind you by email before the trial expires. If you do not subscribe, your account moves to the read-only state described in clause 7 and your Customer Data is retained, not deleted.

6. Subscription, Fees and Payment

  • How the fee is calculated. Fees are charged monthly at the per-client rate published on our pricing page, subject to a monthly minimum. A billable client means a client recorded in your account with a status of active, in hospital, or on respite. Clients who are pending, inactive, discharged or deceased are not billable, although we continue to retain their records for the statutory retention period.
  • When changes take effect. We count your billable clients once daily. A change in that number applies from your next monthly invoice; we do not raise part-month or pro-rata charges for clients added or removed mid-cycle.
  • Fees are payable in advance for each monthly period, by the payment method you provide to our payment processor. Subscriptions renew automatically each month until cancelled.
  • Cancellation and refunds. You may cancel at any time and your subscription will run to the end of the period you have already paid for. Fees already paid are non-refundable, including for part months and for periods in which you made little or no use of the Services.
  • We may change fees by giving you at least 30 days' prior notice before the change takes effect. If you do not accept a change, you may cancel before it applies.
  • VAT. Babiha Care Solutions Limited is not currently registered for VAT, so no VAT is charged and the published price is the price you pay. If we become VAT-registered, VAT will be added to fees and we will tell you before that happens.

7. Non-payment and the Read-only State

If a payment fails or a trial ends without a subscription, we will notify you and allow a reasonable period — currently 14 days — during which the Services continue to work normally while you resolve it.

If it remains unresolved, your account becomes read-only. In that state you and your staff can still sign in, view and export all of your Customer Data, including care plans, medication records and visit history, but new records cannot be created or amended until billing is restored. We do not delete your Customer Data because of non-payment, and it continues to be retained and handled in accordance with our Data Processing Agreement. Restoring a valid payment method restores full access.

8. Customer Responsibilities and Data Protection

You are the data controller for the Customer Data you enter into the Services, and we process it as your processor under our Data Processing Agreement, which forms part of these Terms. You warrant that:

  • you have a lawful basis, and for special category (health) data an Article 9 condition, to process the Customer Data;
  • you have provided the necessary privacy information to, and where required obtained the consent of, the service users and staff whose data you enter; and
  • you are responsible for the accuracy and lawfulness of the Customer Data.

You remain responsible for your own compliance with all laws and regulations that apply to you, including Care Quality Commission (CQC) requirements. Babiha is designed to support compliance but does not guarantee it.

9. Intellectual Property

We and our licensors own all rights in the Services and their content and functionality. We grant you a non-exclusive, non-transferable right to access and use the Services during your Subscription. You retain all rights in your Customer Data and grant us the rights needed to provide the Services. If you give us feedback, we may use it to improve the Services.

10. Confidentiality

Each party must keep the other's confidential information confidential and use it only to perform these Terms, except where disclosure is required by law.

11. Warranties and Disclaimers

We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Services are provided "as is" and we exclude all implied warranties. We do not warrant that the Services will be uninterrupted or error-free.

12. Limitation of Liability

Nothing in these Terms limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.

Subject to the above, and to the fullest extent permitted by law:

  • neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill, business or anticipated savings; and
  • each party's total aggregate liability arising out of or in connection with these Terms is limited to the greater of (i) the total fees paid or payable by the Customer in the 12 months before the claim arose, or (ii) £100.

13. Indemnities

We will defend you against third-party claims that your permitted use of the Services infringes their intellectual property rights, and will cover the resulting costs and damages finally awarded. You will indemnify us against claims and losses arising from Customer Data or your use of the Services in breach of these Terms or applicable law, other than to the extent caused by our breach.

14. Term, Termination and Exit

These Terms apply while you use the Services. Either party may terminate for material breach that is not remedied within 30 days of notice, or immediately if the other becomes insolvent. On termination, your right to use the Services ends. You may export your Customer Data before termination, and we will return or delete it in line with our Data Processing Agreement.

15. Suspension

We may suspend access where necessary to protect the security or integrity of the Services, or where required by law. We will restore access once the issue is resolved.

Non-payment is handled differently and does not result in suspension: it moves the account to the read-only state described in clause 7, where your Customer Data stays visible and exportable throughout.

16. Third-Party Services

The Services rely on third-party providers (such as hosting and email), listed on our Sub-processors page. We are not responsible for third-party services we do not control, but we remain responsible for our sub-processors as set out in the Data Processing Agreement.

17. Family Portal Users (Consumers)

If you use the Family Portal as an individual rather than on behalf of a business, you are a consumer. Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other consumer protection law, which cannot be excluded or limited.

18. Force Majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate the effect.

19. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the "Last updated" date, and give notice of material changes where appropriate. Continued use after changes take effect constitutes acceptance.

20. Governing Law and Disputes

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If a dispute arises, please contact us first at legal@babiha.care so we can try to resolve it informally. If it is not resolved within 30 days, either party may pursue formal legal proceedings.

21. General

These Terms (together with the Privacy Policy, Data Processing Agreement and Acceptable Use Policy) are the entire agreement between the parties. If any provision is found unenforceable, the rest remains in force. A failure to enforce a term is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a reorganisation or sale. Except as stated for consumers in Section 17, a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999.

22. Contact Us

Questions about these Terms: legal@babiha.care.