SleepHealth Solutions Guided Consultation Software License
Terms and Conditions of Use
The NHS organisation has been registered with SleepHealth Solutions Ltd to enable the Healthcare Professional to access the clinical decision support software for Sleep Medicine in line with the terms signed in the NHS organisation/ SleepHealth Solutions contract. NHS organisations are subject to agreement as users to the following terms and conditions of use.
The license is valid for a period of 12 months from the date of installation of the software, which will expire at the 12-month anniversary, unless the license is extended by mutual agreement by both SleepHealth Solutions and the NHS organisation, prior to the end of the license period. Such licenses will be in line with the existing Service Level Agreement (SLA) or contract, between SleepHealth Solutions and the NHS organisation.
User on-boarding
Prior to using the SleepHealth Solutions software, users will be required to complete on-boarding training, delivered by SleepHealth Solutions which consists of on-line training via TEAMS as outlined below:
- In relation to the SleepHealth Solutions Sleep product, on-boarding requirements will be as determined in the service level agreement with the Trust or responsible NHS Organisation
- The objectives of the training are to ensure the user is able to navigate and complete the different consultations available in accordance with the patient management pathway for the NHS organisation
Multiple individuals from within the NHS organisation can attend the on-line training as approved by their NHS organisation. The training costs are included in the license cost for the SleepHealth Solutions software license costs and is not an additional cost to the NHS organisation.
Your responsibilities as an organisation
You are acting as the Data Controller under the terms of the General Data Protection Regulation (GDPR) 2018 and are solely responsible for ensuring that the NHS organisation has measures in place to ensure the secure handling and processing of data following the download, installation, or use of the Software. For the avoidance of doubt, you on your own behalf and on behalf of the NHS organisation accept full responsibility for ensuring that the Software and its outputs are processed in line with the General Data Protection Regulation (GDPR) 2018 and that the NHS organisation will put in place the necessary security and processes to ensure compliance with the Act. Downloading, installing, and using SleepHealth Solutions Software is entirely at your own risk. You are responsible for adequate protection and backup of data and equipment used in connection with the Software. If as an NHS organisation you are hosting the SleepHealth Solutions software app. on your own NHS server, the requirements for hosting will be contained within the service level agreement (SLA) signed with SleepHealth Solutions and will outline any specific data security requirements, in addition to your statutory requirements under law, that are required to meet with the conditions of the contract.
SleepHealth Solutions software incorporates embedded algorithms based on national guidelines. It is not intended to replace formal training in Sleep Medicine but rather to prompt the healthcare professional during the consultation process so that all aspects relevant to the management of that individual patient can be considered prior to the healthcare professional deciding on an intervention. Using intelligent algorithms, recommended treatment interventions bespoke to the individual patient, are prompted at the point of consultation. The recommendations prompted by the software are for guidance only, their interpretation and application remains the responsibility of the reviewing clinician. This may result in a Healthcare Professional needing to consult with a more senior / appropriately qualified colleague within the organisation during the consultation process or prior to any patient intervention depending on the knowledge / experience of the healthcare professional undertaking the consultation.
National Sleep Medicine management guidelines are updated in the Software within three months of publication.
The software is designed to be used by a Healthcare Professional acting on behalf of the NHS Organisation and who has the responsibility to review patients with suspected sleep disordered breathing.
- For licensing and provision of support SleepHealth Solutions will have visibility of on – going software utilisation in line with the terms of the organisation level contract. Should the NHS organisation for whatever reason decide not to use the software to conduct its reviews post license expiry, no patient information will be lost as correct use of the software will ensure that all information is present via patient summaries on each patient record within your NHS organisation clinical system which can be reviewed with or without the software license.
- You shall keep the Software and all usernames and passwords provided to you secure and confidential and you shall not disclose them or permit them to be disclosed to any other person.
- The Software contains proprietary and confidential information that is protected by intellectual property laws. All right, title and interest in the Software, including copyright, patent, design rights, trade secrets and other similar intellectual property rights belong to SleepHealth Solutions Ltd and/or third parties. Except as indicated in these Terms and Conditions, no license or right to any intellectual property rights in the Software is granted to you.
- You agree that you will not copy, sell, license, sub-license or distribute or indeed transfer the Software except as may be expressly provided in these Terms and You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except as permitted by law.
- You agree that you are responsible for obtaining all necessary consents or authorisations for processing patient identifiable information using the The data may be used as part of an anonymised aggregated data set for the purposes of academic research and publications by SleepHealth Solutions Ltd.
- Except as expressly provided in these Terms and Conditions, the Software is provided “AS IS” and SleepHealth Solutions Ltd, except to the extent that they may not be excluded by law, make no representations or warranties of any kind, either express or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose, or that use of the Software will not infringe any third party’s intellectual property rights or that the Software will perform uninterrupted, error- free or to any particular standard or that the Software will be free of viruses, worms, or similar or that results or outputs from use of the Software are accurate. You assume the entire risk of the interpretation of the results, reports and other outputs from your use of the Software. You acknowledge that the accuracy of and effectiveness of outputs from the Software are linked to the competency of the individual healthcare professional conducting the Sleep guided consultations.
- In no event shall SleepHealth Solutions Ltd and/or its respective suppliers and/or the Sponsors be liable for any direct, indirect, consequential or special damages, claims or costs of whatever nature in connection with your use or performance of the Software, whether arising in contract, tort or otherwise, including but not limited to loss of profits, goodwill, use, data or other intangible losses, except to extent that the same cannot be excluded by law.
- There are risks involved in using any clinical software package and the practice maintains fully responsibility for ensuring that any healthcare professional reviewing Sleep patients for and on behalf of the NHS organisation is fully trained, competent and experienced in the relevant disease area to deliver such a review, with or without the use of the SleepHealth Solutions software.
- The risk assessment undertaken and processes utilised by SleepHealth Solutions Ltd. for the avoidance and mitigation of the identified risks is available on request.
- If any part of these Terms and Conditions is found to be void or unenforceable, it will not affect the validity of the remainder of the Terms and Conditions. These Terms and Conditions may only be varied by written agreement of SleepHealth Solutions Ltd. This is the entire agreement relating to the Software and supersedes all prior representatives, discussions, undertakings, or communications relating to the Software. These Terms and Conditions will be governed and construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.
- SleepHealth Solutions will write to the NHS organisation three months prior to the license expiry, to determine whether the NHS organisation wishes to extend the license period for an additional 1-3 years. The commercial charges for the license extension will be included in that communication, with a capped increase of no more than 5% per annum. The point of contact for license renewal will be the Data Controller, who previously accepted the SleepHealth Solutions license and associated terms and conditions. If no response is received to the initial communication, then reminders will also be sent 2 months and 1 month prior to the expiry of the SleepHealth Solutions license.
