RotaCheck Terms of Service

Version 2.0 · Last updated: 15 November 2026 · Effective from: 15 November 2026

Contents

1. About these terms
2. Definitions
3. Who we are and how to contact us
4. Who can use RotaCheck
5. Your account
6. What RotaCheck does
7. What RotaCheck does not do
8. How filling in your Allocate form works
9. Your hours diary, location and notes
10. Dictation and note tidy-up
11. Staying-late prompts and notices
12. Hospital requests for a location record
13. Status of your reports and reminders
14. Independence from Allocate, RLDatix and your trust
15. Your responsibilities
16. Acceptable use
17. The free early-access trial
18. Fees
19. Charges, receipts and payment
20. Refunds
21. Your right to cancel
22. Changes to the fee
23. Paying through Apple or Google
24. Intellectual property and your licence to use RotaCheck
25. Your content and feedback
26. Privacy and data protection
27. Third-party services
28. Availability, updates and changes to RotaCheck
29. Security
30. Our responsibility for loss or damage
31. Ending or suspending your use
32. What happens when your account ends
33. Events outside our control
34. Changes to these terms
35. Complaints
36. Apple and Google: additional terms
37. Open-source software
38. General
39. Governing law and courts

1. About these terms

1.1 These terms of service ("Terms") set out the agreement between you and us for your use of the RotaCheck mobile app, the RotaCheck browser extension or add-on, the RotaCheck website at https://rotacheck.pages.dev and any related service we provide (together, "RotaCheck" or the "Service").

1.2 Please read these Terms carefully before you create an account. They tell you who we are, what RotaCheck does and does not do, how the fee works, how to cancel, what to do if there is a problem, and other important information. The key terms are summarised in the box at the top. If anything in that box seems to conflict with the detailed terms, the version more favourable to you applies.

1.3 By creating an account, you agree to these Terms. If you do not agree, do not create an account or use RotaCheck.

1.4 These Terms should be read together with:

(a) our Privacy Notice, which explains how we handle personal data;

(b) our Fees, Refunds and Cancellation Policy, which gives the full detail of the £5 fee, refunds and your cancellation rights, and includes a model cancellation form;

(c) our Acceptable Use Policy;

(d) our Cookie and Device Storage Notice; and

(e) our Important Notices and Disclaimers.

These documents form part of the agreement between us. If there is a conflict between them and these Terms, these Terms apply, except that the Privacy Notice governs how we handle personal data.

1.5 We treat every doctor who uses RotaCheck as a consumer. This means you have the protection of consumer law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, whatever the reason you use RotaCheck.

1.6 These Terms are available in English only. You can download or print them at any time from https://rotacheck.pages.dev/terms. We will send you a copy by email when you save a card, and at any time on request.

2. Definitions

In these Terms:

(a) "Allocate" means the Allocate or HealthRoster software (including Employee Online and any exception reporting module) that your NHS trust or employer licenses from its supplier, and through which you submit exception reports. Allocate and HealthRoster are trade marks of their owners.

(b) "Account" means your RotaCheck account.

(c) "Card" means a debit or credit card you save with our payment processor for paying fees.

(d) "Diary" means the record of your shifts, arrival and departure times and related information that RotaCheck keeps on your phone.

(e) "Early-access trial" or "Trial" means the free period described in section 17.

(f) "Exception report" or "report" means an exception report, or similar report about your hours or working pattern, that you prepare and submit to your employer through Allocate.

(g) "Extension" means the RotaCheck browser extension (on iPhone, a Safari extension) or browser add-on (on Android) that runs on your phone and fills in your Allocate form.

(h) "Fee" means the flat fee described in section 18.

(i) "Location record" means a record of your arrival and departure times for a particular shift, made on your phone, as described in section 12.

(j) "Phone" means the mobile device on which you install RotaCheck.

(k) "Report details" means the details of a report you prepare with RotaCheck, as described in section 9.2.

(l) "Submitted through RotaCheck" has the meaning given in section 18.3.

(m) "Trust" means your NHS trust, health board or other employer.

(n) "We", "us" and "our" mean RotaCheck. "You" and "your" mean the individual doctor who holds the Account.

(o) "Working day" means a day other than a Saturday, Sunday or bank holiday in England.

(p) Headings are for convenience only. Words such as "including" and "for example" do not limit the words before them.

3. Who we are and how to contact us

3.1 RotaCheck is provided by RotaCheck. Address: to be completed.

3.2 You can contact us:

(a) by email at [email protected];

(b) through Account > Help in the app; or

(c) by post at address: to be completed.

3.3 If we need to contact you, we will do so by email to the address on your Account, by a notification or message in the app, or both. Please keep your email address up to date.

4. Who can use RotaCheck

4.1 To use RotaCheck you must:

(a) be at least 18 years old;

(b) be a doctor working in England whose employer uses Allocate (or a similar system that RotaCheck supports) for exception reporting;

(c) use RotaCheck only for your own hours, your own reports and your own Allocate account; and

(d) have the legal capacity to enter into these Terms.

4.2 RotaCheck is designed for individual doctors. It is not offered to trusts, rota teams, agencies or other organisations, and you may not use it on behalf of anyone else.

4.3 RotaCheck works on supported versions of iOS and Android. Features work in the same way on both, but the wording on screen may differ slightly (for example, on iPhone your Allocate password is kept in Apple Keychain, and on Android in the Android Keystore on your phone). We will tell you in the store listing which versions are supported.

5. Your account

5.1 You sign in with your email address and a one-time code we send to it. You must give us accurate information and keep it up to date.

5.2 You must keep access to your email account and your Phone secure. We strongly recommend that you use a passcode and, where available, Face ID, Touch ID or fingerprint lock on your Phone, and turn on the app lock in RotaCheck.

5.3 You are responsible for activity on your Account unless it happened because of our failure to use reasonable care and skill. If you think someone else has used your Account, or your Phone has been lost or stolen, tell us at [email protected] as soon as you can. We may suspend the Account while we look into it.

5.4 You may hold only one Account. Accounts are personal and cannot be transferred.

6. What RotaCheck does

6.1 RotaCheck is a personal organisation tool. Depending on the features you choose to use, it can:

(a) keep a Diary of the hours you work, using your rota, times you enter by hand and, if you allow it, your Phone's location (section 9);

(b) let you dictate or type notes about a shift (section 10);

(c) ask you, once per shift, if you are still at work after your rostered finish and whether you want to prepare a RotaCheck report (section 11);

(d) fill in your own exception report form in Allocate on your Phone, using information from your Diary, and attach a PDF summary made on your Phone (section 8);

(e) show you, on your Phone, the status of reports you prepared with RotaCheck, and remind you of deadlines (section 13); and

(f) where available, let you approve or decline a request from your hospital for a Location record (section 12).

6.2 Some features are optional. Some may be available only on certain devices, only during the Trial, or only after the Trial. We will tell you in the app which features are available to you.

7. What RotaCheck does not do

7.1 RotaCheck never submits a report for you. You are the author and submitter of every report. RotaCheck fills in your own exception report form on the Allocate website, on your own phone, from your diary. It suggests answers. You check them, tick the declaration and press Submit yourself. Allocate's supplier and your trust have not approved RotaCheck. It never ticks the declaration and never presses Submit.

7.2 RotaCheck never acts for you with your Trust. We do not send your reports, contact your Trust about any report, follow reports up, negotiate, or read or reply to messages from your Trust about a report. We do not represent you.

7.3 RotaCheck does not give advice. We do not give legal, employment, contractual, financial, tax, medical or professional advice. RotaCheck does not tell you whether you should submit a report, what outcome to ask for, or whether a report will be accepted. If you need advice, speak to your Guardian of Safe Working Hours, your educational or clinical supervisor, your trade union or professional body, or a qualified adviser.

7.4 RotaCheck does not decide anything. Your Trust alone decides what happens to any report. We have no influence over that decision.

7.5 RotaCheck is not a channel for raising patient safety concerns or for whistleblowing. If you have an immediate safety concern, follow your Trust's procedures and speak to the appropriate person straight away. Do not rely on RotaCheck to raise or record it.

7.6 RotaCheck is not a clinical system. It does not process patient records, does not support clinical decisions and is not a medical device.

7.7 RotaCheck is not your official record. Your Trust's systems, including Allocate and your rota, are the official record of your work. RotaCheck is a personal aid.

8. How filling in your Allocate form works

8.1 To use the form-filling feature, you turn on the Extension on your Phone (on iPhone, in Safari settings; on Android, in RotaCheck's built-in browser) and sign in to Allocate yourself.

8.2 When you choose to prepare a report, RotaCheck opens your Allocate form on your Phone and fills in the fields it can from your Diary. Each value it fills in shows where it came from (for example, "From your diary: left 21:42"). The extension also: fills in your saved sign-in and, if you chose it, presses Sign in; opens the report form; after you press Submit, opens your list of reports and reads the status of reports you made with RotaCheck; returns you to the app; and closes its own tab.

8.3 RotaCheck:

(a) fills in the 11-hour rest answer only when the arithmetic from your Diary makes the answer certain, and otherwise leaves it blank;

(b) always leaves the immediate safety concern question blank for you to answer;

(c) fills in payment or time off in lieu only from the usual answer you saved, and never when you could not get 11 hours' rest. It never answers the safety question. You can change any answer it fills in, and you are responsible for every answer you submit;

(d) may copy into free-text boxes the notes you dictated or typed. Tidy-up removes filler words and anything that looks like patient details. Check the result: it is your statement. You must read and edit them before you submit; and

(e) makes a PDF summary of your report on your Phone and attaches it to your Allocate form. The PDF is made on your Phone and is not sent to us. If a report is entered after the shift, without an on-site record, the PDF says so. If the PDF cannot be made or attached, RotaCheck tries again, then tries a simpler version, and if that also fails keeps a copy in the Reports tab so you can share and upload it yourself. A failed PDF never stops you from submitting.

8.4 When filling is finished, RotaCheck hands the form back to you. You must check every field, answer anything left blank, tick Allocate's declaration and press Submit yourself. When you press Submit, you are declaring to your Trust that the report is accurate.

8.5 If Allocate asks for extra security checks (such as multi-factor authentication or a CAPTCHA), RotaCheck stops and you complete the check yourself. RotaCheck does not work around any security measure.

8.6 Saving your Allocate password. You can choose to save your Allocate password so that RotaCheck can fill in Allocate's sign-in page for you. If you do:

(a) nothing is saved until you tap Save;

(b) the password is stored only in your Phone's secure storage (Apple Keychain on iPhone, the Android Keystore on Android), on that device only, and is not included in backups;

(c) it is never sent to us and our staff can never see it; and

(d) it is deleted when you remove it in RotaCheck (Account) or delete the app.

8.7 Nothing from Allocate reaches us. The Extension works only on your Phone. Nothing read from Allocate pages is sent to us. We keep our own copy of the report details you prepare in RotaCheck and the fact that you pressed Submit. Our staff never access your Allocate account.

8.8 Allocate's layout and behaviour are controlled by its supplier and your Trust and may change without warning. If they do, the form-filling feature may stop working, fill in fields incorrectly or leave them blank until we update it. This is one of the reasons you must check every field.

9. Your hours diary, location and notes

9.1 What stays on your Phone. Your location and on-site information (whether you are inside or outside your hospital's area, and coordinates), your notes and dictation, and your saved Allocate password are kept on your Phone. We never receive them.

9.2 Report details we store. When you prepare a report with RotaCheck, we store its Report details on our server: the shift, the start and end times of the extra time, the number of minutes, the reason category, your answers to the report's questions (including any text you choose to put in them) and your signature. We use them to keep a record of your reports for you, to show them in your Reports tab and to charge and refund the fee. They come from you and your Diary, not from Allocate. Our Privacy Notice explains how long we keep them.

9.3 Location. If you allow it, RotaCheck uses your Phone's location, on your Phone only, to work out when you arrive at and leave your hospital. You can turn this off at any time and enter times by hand. Location technology is not always accurate: buildings, signal, battery-saving settings and your Phone's operating system can all cause times to be early, late or missing. You must check the times in your Diary before using them in a report.

9.4 Your rota. RotaCheck uses the rota information you give it to know your rostered start and finish times. If your rota is wrong or out of date, so will be anything RotaCheck works out from it.

9.5 Keeping your own copies. Because your location history and notes are on your Phone, we cannot restore them if your Phone is lost, stolen, broken or reset, or if you delete the app. Keep your own copies of anything important, for example by using Share in the Reports tab.

9.6 Patient information. Do not put patient names, NHS numbers or any other information that could identify a patient in your notes or anywhere else in RotaCheck. RotaCheck will warn you if something looks like an NHS number.

10. Dictation and note tidy-up

10.1 You can dictate notes. Speech is turned into text on your Phone using a speech-recognition model that runs on your Phone. Your recordings and the text are not sent to us or to any AI company.

10.2 To make on-phone dictation possible, the app downloads the speech-recognition model files (currently between about 60 MB and 190 MB) to your Phone. The download waits for Wi-Fi. If you turn on "Download over mobile data" in Account, it may use mobile data and your operator's charges apply.

10.3 RotaCheck can tidy up dictated notes (for example, punctuation and standard terms) using fixed rules that run on your Phone. The tidy-up does not use an AI model and does not send anything off your Phone.

10.4 If we later add an AI model that runs on your Phone to tidy notes, it will also work only on your Phone. We will update these Terms, our Privacy Notice and the open-source licence list before it is switched on.

10.5 Speech recognition and tidy-up are not perfect. They can mishear words, change names or numbers, or put text in the wrong place. You must read your notes before you rely on them.

11. Staying-late prompts and notices

11.1 If you turn it on, RotaCheck can notify you at most once per shift if your Phone shows you are still on site after your rostered finish. It asks if you want to prepare a RotaCheck report, with the options Prepare report, Just save to diary and Not now. You can switch these prompts off at any time in Settings.

11.2 The prompt is a convenience only. It may not appear (for example, if your Phone is off, location is off, or the operating system limits background activity). Not receiving a prompt does not mean you did not work late.

11.3 Where we offer it, you may choose to send a short "still on site" notice by email to your rota coordinator. If this feature is available:

(a) you will see the exact email before it is sent, and it is sent only when you tap Send;

(b) it is a notice only and is not an exception report;

(c) replies go to your own email address, not to us; and

(d) the coordinator can opt out of receiving these notices, in which case we will tell you and you can contact them directly instead.

11.4 This notice feature is currently switched off. We will tell you in the app if we switch it on.

12. Hospital requests for a location record

12.1 This feature is not currently available. If we ever offer it, we will give every requester the same reply, whether or not the person uses RotaCheck.

13. Status of your reports and reminders

13.1 RotaCheck can show you, on your Phone, whether a report you prepared with RotaCheck is shown in Allocate as submitted, approved or rejected. This status is read on your Phone only, from pages you open, and is not sent to us.

13.2 RotaCheck may remind you of deadlines, such as the usual 28-day period for submitting an exception report. Reminders are guidance and are given on a best-efforts basis. Deadlines are set by your contract and your Trust, not by us. You remain responsible for meeting every deadline that applies to you.

14. Independence from Allocate, RLDatix and your trust

14.1 RotaCheck can fill in exception report forms on the Allocate website, on your own phone. It is not made, approved or supported by Allocate, RLDatix or your trust. RotaCheck is not affiliated with, endorsed, sponsored or approved by RLDatix, Allocate Software or any company in their group, or by any NHS trust, NHS England, the BMA or any other body. We have no relationship or agreement with any of them.

14.2 Allocate, HealthRoster and related names and logos are trade marks of their owners. We use the name "Allocate" only to describe what RotaCheck works with. The bar at the top of the Allocate page is drawn by RotaCheck, not by Allocate.

14.3 Your use of Allocate is governed by your Trust's IT and acceptable-use policies and by Allocate's own end user terms. Those rules continue to apply to you when you use RotaCheck, and you are responsible for following them. Allocate's supplier or your Trust may restrict or suspend accounts they believe are being misused. Allocate has not given RotaCheck permission, and its terms may restrict tools like this. Allocate could suspend an account, and your trust could tell you not to use RotaCheck. If either objects, stop using form filling and report in Allocate directly.

14.4 If we are told by your Trust, by Allocate's supplier or by a regulator that RotaCheck's form-filling conflicts with their rules, or if we reasonably believe it might, we may pause, change or switch off the form-filling feature, for you or for everyone, with or without notice. If we do, you can continue to use the rest of RotaCheck and submit reports directly in Allocate.

15. Your responsibilities

15.1 You must:

(a) check every field of every report before you submit it, and only submit a report you believe is accurate and complete;

(b) answer the questions RotaCheck leaves blank, and change any pre-filled or pre-selected answer that is not right;

(c) follow your Trust's rules, your contract of employment, your professional obligations (including the GMC's guidance on probity) and Allocate's end user terms;

(d) keep patient information out of RotaCheck;

(e) keep your Phone, email account and Account secure;

(f) use RotaCheck only for your own hours, your own reports and your own Allocate account, and never sign in to Allocate as anyone else;

(g) give us accurate information and keep your contact details up to date; and

(h) keep your own copies of anything important.

15.2 You must not rely on RotaCheck as your only record of your hours, or as a substitute for your own judgement.

16. Acceptable use

16.1 You must use RotaCheck lawfully and in line with our Acceptable Use Policy. In particular, you must not:

(a) use RotaCheck to submit a report you know or suspect is false or misleading;

(b) copy, modify, decompile, reverse engineer or disassemble RotaCheck, except to the extent the law allows you to do so and cannot be excluded;

(c) use RotaCheck to access any system, account or data you are not authorised to access, or to get around any security measure;

(d) use automated tools to access RotaCheck or Allocate other than as RotaCheck is designed to work;

(e) introduce viruses or other harmful code, or interfere with the working of RotaCheck or any system it connects to;

(f) use RotaCheck to harass, abuse or send unsolicited messages to anyone; or

(g) resell, sublicense or provide RotaCheck to anyone else.

17. The free early-access trial

17.1 During the early-access Trial, RotaCheck is free. No fee is charged for any report submitted during the Trial.

17.2 The Trial never moves to paid automatically. When the Trial ends, we will tell you in advance by email. If we offer a paid Service after the Trial, you will need to agree to it separately and save a Card. If you do not, you will not be charged anything.

17.3 During the Trial, RotaCheck may still be in development. Features may change, be added or be removed, and RotaCheck may have more errors than a finished product. We may ask you for feedback (section 25).

17.4 We may end the Trial at any time by giving you notice by email or in the app. You can stop taking part at any time by deleting your Account.

17.5 Everything else in these Terms applies during the Trial, including your rights and our responsibilities.

18. Fees

18.1 After the Trial, the fee is a flat £5 for each exception report you submit through RotaCheck. The £5 includes VAT if VAT applies. There are no other charges.

18.2 The fee:

(a) is the same for every report;

(b) is never a percentage of any amount, and does not depend on whether, or how much, your Trust pays you or on any other outcome of your report;

(c) is not a subscription. There is no monthly or annual charge and no minimum number of reports; and

(d) does not include any interest, late payment charge or administration charge. We do not charge any of these.

18.3 A report is "submitted through RotaCheck" when you press Submit in Allocate on a form that RotaCheck filled in, and Allocate shows the report as submitted. Reports you prepare and submit in Allocate without RotaCheck filling in the form are not charged.

18.4 Making a test report, using the Diary, dictating notes, receiving prompts and opening a form that you then do not submit are all free.

18.5 Full details of how the fee is charged and refunded are in our Fees, Refunds and Cancellation Policy.

19. Charges, receipts and payment

19.1 You can save a Card on the RotaCheck website, which we link to from your welcome email. Card payments are processed by Stripe. We never see or store your full card number. We see only the card type, the last four digits and the expiry date.

19.2 When you save a Card, you will be asked to complete your bank's security check, and to authorise us to charge that Card £5 for each report you submit through RotaCheck, as set out in these Terms.

19.3 The fee is charged to your saved Card after you submit a report. If you have no Card saved, your report is never blocked. Instead, we email you a secure link to pay the fee.

19.4 We email you a confirmation when your Card is set up, and a receipt for every charge and every refund. Charges appear on your bank statement as ROTACHECK.

19.5 If a charge fails, we will email you a secure link to pay. We will not charge interest or a late fee. We never block a report because a fee has not been paid.

19.6 You can remove your Card at any time on the website. Removing your Card does not cancel any fee already due for a report you have already submitted.

19.7 If you think a charge is wrong, email [email protected] within 60 days of the charge and we will look into it and reply within 10 working days. This does not affect your statutory rights or any rights you have through your card issuer.

20. Refunds

20.1 If your report is rejected, you get your £5 back. When your Phone shows that Allocate has marked a report you submitted through RotaCheck as rejected, the app asks if you want your £5 back. Tap once to request the refund, and we refund the same Card. The rejection itself is read on your Phone only. All we receive is your refund request.

20.2 You can also request a refund for a rejected report by emailing [email protected] at any time within 12 months of the charge.

20.3 We will also refund the fee in full if:

(a) you were charged twice for the same report;

(b) you were charged for a report that was not submitted through RotaCheck;

(c) you were charged during the Trial; or

(d) RotaCheck filled in your form in a way that was materially wrong because we failed to use reasonable care and skill, and you withdrew the report as a result.

20.4 Refunds go back to the Card you paid with and normally appear within 5 to 10 working days. We email you a confirmation.

20.5 This section is in addition to your statutory rights and your right to cancel in section 21.

21. Your right to cancel

21.1 You have the right to cancel this agreement within 14 days without giving any reason. The cancellation period ends 14 days after the day you save your Card (which is when the paid agreement starts).

21.2 To cancel, tell us clearly that you want to cancel, by:

(a) emailing [email protected];

(b) writing to us at address: to be completed; or

(c) removing your Card on the website and confirming that you want to cancel.

You can use the model cancellation form in our Fees, Refunds and Cancellation Policy, but you do not have to. You only need to send your message before the 14 days end.

21.3 When you save your Card, you can ask us to start the paid Service straight away by ticking a box. If you do so and then submit a report through RotaCheck during the 14-day cancellation period, that report's fee is the proportionate amount for the service already provided, which is the £5 fee for that report, because filling in that report has been completed. Otherwise, cancelling within the 14 days costs you nothing, and we will refund any payment within 14 days of your cancellation.

21.4 After the 14-day period, you can still stop using RotaCheck and remove your Card at any time, without any charge (section 31).

22. Changes to the fee

22.1 We may change the fee. If we do, we will give you at least 30 days' notice by email before the change takes effect.

22.2 A change never applies to a report you have already submitted.

22.3 If you do not agree to a change, you can remove your Card and stop using the paid Service before the change takes effect, without any charge.

23. Paying through Apple or Google

23.1 If we offer the option of paying a fee through Apple's App Store or Google Play in-app purchase, or through Google Play's billing as part of a UK billing choice, the payment is taken by Apple or Google. Their payment terms also apply to that payment, and refunds of payments taken by them may need to be requested from them. We will help you with this.

23.2 The fee, refund and cancellation rights in these Terms apply whichever way you pay.

24. Intellectual property and your licence to use RotaCheck

24.1 RotaCheck, including its software, design, text, graphics and the name and logo "RotaCheck", is owned by us or licensed to us. It is protected by copyright, trade mark and other laws.

24.2 Subject to these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to install and use RotaCheck on Phones that you own or control, for your own use, for as long as you have an Account.

24.3 You may not use our name, logo or trade marks without our written permission, except to refer to RotaCheck accurately.

24.4 Nothing in these Terms gives you any rights in the names or trade marks of Allocate, RLDatix, Apple, Google, the NHS or any other third party.

25. Your content and feedback

25.1 Your Diary, notes and reports belong to you. We have no ownership of them. We use the Report details we store only as described in section 9.2 and our Privacy Notice.

25.2 If you send us feedback, suggestions or ideas about RotaCheck, you allow us to use them free of charge to improve RotaCheck, without any obligation to you. We will not identify you publicly as the source without your permission.

25.3 If you send us a problem report, it may include a screenshot if you choose to add one. It must not show patient details or any Allocate page. We use problem reports only to fix problems. We use an AI service provider (Anthropic) to help us sort and understand problem reports; it acts only on our instructions and does not use them to train its models. Any fix is approved by a person before it is made.

26. Privacy and data protection

26.1 We handle personal data in line with the UK General Data Protection Regulation, the Data Protection Act 2018, the Data (Use and Access) Act 2025 and the Privacy and Electronic Communications Regulations 2003. Our Privacy Notice explains what we receive, why, the legal basis, who we share it with, how long we keep it and your rights.

26.2 In summary: your location and on-site information, notes, dictation and Allocate password stay on your Phone. Nothing RotaCheck reads from Allocate reaches us. We store your account details, the Report details of reports you prepare, payment records, problem reports you send and security logs, to run your Account, keep your report record, take and refund fees and keep the Service secure.

26.3 Every record we keep is kept for at least 28 days. The Privacy Notice sets out the full retention periods.

27. Third-party services

27.1 RotaCheck relies on services provided by others, including Allocate (provided to your Trust by its supplier), Apple, Google, Stripe and our hosting, email and notification providers. We are not responsible for services provided by others that we do not control, including their availability, changes and errors, except where we chose the provider and failed to use reasonable care in doing so.

27.2 Your use of Allocate, your Phone's operating system, app store and browser is subject to their own terms.

28. Availability, updates and changes to RotaCheck

28.1 We aim to keep RotaCheck available, but we do not promise that it will always be available, uninterrupted or error-free. We may need to suspend it for maintenance, security or reasons outside our control. We will try to give notice of planned maintenance.

28.2 We may update RotaCheck to improve it, fix problems, keep it secure, reflect changes in law or in Allocate, or meet the requirements of Apple or Google. Some updates may be needed for RotaCheck to keep working. RotaCheck will always match the description we gave you before you saved your Card in all material respects.

28.3 If we make a change that significantly and negatively affects a paid feature you use, we will tell you in advance, and you can stop using the paid Service without charge.

28.4 We may stop providing RotaCheck altogether. If we do, we will give you at least 30 days' notice by email, and refund any fee you have paid for a report we have not yet completed.

29. Security

29.1 We take appropriate technical and organisational measures to protect RotaCheck and the data we hold, as described in our Privacy Notice.

29.2 No system is completely secure. You can help by keeping your Phone updated, using a strong passcode and biometric lock, not jailbreaking or rooting your Phone, and installing RotaCheck only from the App Store, Google Play or a link we send you.

29.3 If you discover a security weakness in RotaCheck, please tell us at [email protected] and do not exploit it.

30. Our responsibility for loss or damage

30.1 We are responsible for foreseeable loss or damage that we cause. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time you entered into the agreement, both we and you knew it might happen.

30.2 We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees or subcontractors, for fraud or fraudulent misrepresentation, and for breach of your rights under the Consumer Rights Act 2015, including the right to services supplied with reasonable care and skill and in line with the information we gave you.

30.3 Damage to your device. If digital content we supply damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. We are not responsible for damage you could have avoided by following our advice to apply an update offered to you free of charge, or by following installation instructions or the minimum system requirements we told you about.

30.4 We provide RotaCheck for private use. We are not responsible for any loss of business, loss of profit, or business interruption.

30.5 We are not responsible for:

(a) any decision your Trust makes about any report, including the outcome, payment, time off in lieu or timing;

(b) the content of any report you submit, including any answer you did not check or change;

(c) any deadline you miss, unless it was caused by our failure to use reasonable care and skill and you could not reasonably have avoided it;

(d) the working of Allocate, its availability or any change its supplier or your Trust makes to it;

(e) any action your Trust or Allocate's supplier takes in relation to your Allocate account as a result of your own breach of their rules;

(f) loss of information stored only on your Phone, where caused by the loss, theft, reset or failure of your Phone or your deleting the app; or

(g) inaccurate location, speech recognition or tidy-up results, where you had the opportunity to check them before submitting a report.

30.6 Overall limit. Subject to sections 30.2 and 30.3, our total liability to you arising out of or in connection with these Terms is limited to the greater of (a) the total fees you have paid us in the 12 months before the event giving rise to the liability, and (b) £100.

30.7 Nothing in this section affects your statutory rights. For more information about your legal rights, contact Citizens Advice.

31. Ending or suspending your use

31.1 You can stop at any time. You can stop using RotaCheck and delete your Account at any time in the app (Account > Delete account). There is no charge for doing so.

31.2 We may suspend or end your Account by giving you at least 30 days' notice by email, unless section 31.3 applies.

31.3 We may suspend or end your Account, or any feature, immediately or with shorter notice, if:

(a) you seriously or repeatedly break these Terms or our Acceptable Use Policy;

(b) we reasonably believe your Account is being used fraudulently, to submit false reports, or by someone other than you;

(c) we are required to do so by law, by a court or regulator, or by Apple or Google; or

(d) continuing would expose you, us or others to a serious risk of harm, including a security risk.

We will tell you why, unless the law or a security reason prevents us.

31.4 If we end your Account other than because you broke these Terms, we will refund any fee you have paid for a report we have not yet completed.

32. What happens when your account ends

32.1 When your Account ends:

(a) your licence to use RotaCheck ends;

(b) we delete or anonymise your data in line with our Privacy Notice, keeping only what the law requires us to keep (such as payment and accounting records for 6 years);

(c) deleting the app deletes your location history, notes and saved Allocate password from that Phone; and

(d) any fee already due for a report you submitted stays due, and any refund due to you will still be paid.

32.2 Sections that by their nature should continue after the Account ends will continue, including sections 20, 25, 30, 35, 38 and 39.

33. Events outside our control

33.1 We are not responsible for delays or failures caused by events outside our reasonable control, such as failures of public networks, power, internet or cloud providers, actions of Apple, Google or Allocate's supplier, cyber attacks we could not reasonably have prevented, natural events, pandemics, war or industrial action.

33.2 If such an event happens, we will tell you as soon as we can and take reasonable steps to limit its effect. If it lasts more than 30 days, you can end the agreement and we will refund any fee for a report we have not yet completed.

34. Changes to these terms

34.1 We may change these Terms to reflect changes in law, in regulatory or app store requirements, in Allocate, or in how RotaCheck works, or to make them clearer.

34.2 We will tell you about any important change by email or in the app at least 30 days before it takes effect, unless the change is required sooner by law or to protect security, in which case we will tell you as soon as we can. The version and date at the top of these Terms show when they last changed.

34.3 If you do not agree to a change, you can delete your Account before it takes effect. A change never applies to a report you have already submitted.

35. Complaints

35.1 If you are unhappy with RotaCheck or with us, please email [email protected] with a short description of the problem.

35.2 We will acknowledge your complaint within 5 working days and aim to reply in full within 30 days. If we need longer, we will tell you why and when you can expect a reply.

35.3 If you are not satisfied with our reply, you can contact Citizens Advice for free, independent consumer advice (citizensadvice.org.uk, 0808 223 1133). We are not currently a member of an alternative dispute resolution scheme. Complaints about personal data can also go to the Information Commissioner's Office, as explained in our Privacy Notice.

36. Apple and Google: additional terms

36.1 If you downloaded RotaCheck from Apple's App Store, the following also applies:

(a) these Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for RotaCheck and its content;

(b) your licence to use RotaCheck is limited to use on Apple-branded products that you own or control, as permitted by the usage rules in the Apple Media Services Terms and Conditions, except that RotaCheck may be accessed by other accounts associated with you through Family Sharing or volume purchasing where available;

(c) we alone are responsible for providing maintenance and support for RotaCheck. Apple has no obligation to provide any maintenance or support;

(d) if RotaCheck fails to conform to any applicable warranty, you may notify Apple, and Apple may refund any purchase price for RotaCheck (RotaCheck itself is free to download). To the maximum extent permitted by law, Apple has no other warranty obligation in relation to RotaCheck. Any other losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are our responsibility, to the extent described in these Terms;

(e) we, not Apple, are responsible for addressing any complaint or legal action by you or any third party relating to RotaCheck or your use of it, including product liability, any failure to meet a legal or regulatory requirement, and consumer protection, privacy or similar laws;

(f) if any third party says that RotaCheck or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging it;

(g) you confirm that you are not located in a country subject to a UK or US government embargo or designated as a "terrorist supporting" country, and that you are not on any UK or US government list of prohibited or restricted parties;

(h) you must comply with any applicable third-party terms (such as your mobile network's terms) when using RotaCheck;

(i) questions, complaints or legal actions about RotaCheck should be sent to us using the details in section 3; and

(j) Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

36.2 If you downloaded RotaCheck from Google Play, Google's terms of service and Google Play terms also apply to your use of Google Play. Google is not responsible for RotaCheck.

37. Open-source software

37.1 RotaCheck includes open-source software, including the Whisper speech-recognition model (MIT licence). Each open-source component is licensed under its own licence, and nothing in these Terms limits your rights under those licences. The full list and licence texts are in the app under Account > Open-source licences.

38. General

38.1 Transfer. We may transfer our rights and obligations under these Terms to another organisation, for example if our business is sold. We will tell you in writing, and we will make sure the transfer does not reduce your rights. If you are unhappy with the transfer, you can delete your Account. You may not transfer your rights or obligations to anyone else.

38.2 Third parties. Except as stated in section 36.1(j), nobody other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

38.3 Each section stands alone. If a court decides that any part of these Terms is unlawful or unenforceable, the rest will continue in force.

38.4 Delay. If we do not insist straight away that you do something you are required to do, or if we delay taking steps against you, that does not mean we cannot do so later.

38.5 Whole agreement. These Terms and the documents listed in section 1.4 are the whole agreement between us about RotaCheck. This does not limit your statutory rights, or our liability for anything we said before you agreed that was fraudulent or that consumer law treats as part of the agreement.

38.6 Notices. Notices from you to us should be sent to [email protected]. Notices from us to you will be sent to the email address on your Account or shown in the app.

39. Governing law and courts

39.1 These Terms are governed by the law of England and Wales.

39.2 You can bring legal proceedings about RotaCheck in the courts of England and Wales. If you live in Scotland, you can bring proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring proceedings in either the Northern Irish or the English courts.

RotaCheck. Address: to be completed · [email protected]