1 Welcome to the Insight-Genie.com Portal (Last Updated 05/09/2024)

1.1 We are Insight-Genie. Welcome to the Insight-Genie portal [www.Insight-Genie.com] (Portal) operated by Fit to care, part of Front Foot MI Limited (we, our or us) allowing organisations to utilise information and tools e.g. insight gathering tools to improve the productivity of such organisations ("Organisations").

1.2 The functionality and processes supported by the Portal use artificial intelligence, CHATGPT4 ("AI Solution"). The AI Solution is provided on an “as is” basis. Except to the extent prohibited by law, the Supplier provides no warranties (express, implied, statutory or otherwise) with respect to the AI Solution, and disclaims all warranties including but not limited to warranties of fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or usage. The Supplier does not warrant that the AI Solution will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.

1.3 Managers Users will be sent an account registration link and code so that they can enter their name, email and password to generate their account ("Account") Once their Account is live Manager Users will have the ability to raise new Portal Report requests and will have the responsibility to enter the context of the research and engage with the appropriate Stakeholder Users and to ensure that no personal or commercially sensitive data is entered into the Portal (guidance is available within the Portal).

1.4 These terms (Terms) are the terms and conditions governing your access to, and use of, the Portal. Your access to, and use of, the Portal implies your binding agreement to and acceptance of these Terms. If you do not agree with these Terms, please do not use the Portal.

1.5 These Terms, along with the following additional policies, are the rules governing your rights and obligations in respect of the Portal:

• Privacy: See our Privacy Policy at https://fittocare.co.uk/privacy-policy/ for information and notices concerning our collection and use of your personal information.

• Cookies: See our Cookies Policy at https://fittocare.co.uk/cookies-policy/ for information and notices concerning Our use of Cookies on the Portal.

• Acceptable Use: See our Acceptable Policy at https://fittocare.co.uk/acceptable-use/ for information and notices on Acceptable Use of the Portal,

(together, the Policies).

2 Account

2.1 You are responsible for your Account information and must keep it confidential and secure. If you know or suspect that anyone, other than you, knows your Account password, you should change it and let us know as soon as possible by using the “Contact Us” section below.

2.2 You are solely responsible for all activity on your Account. Your Account is personal to you and non-transferable. You are prohibited from sharing or transferring your Account to others.

3 How You Use the Portal

3.1 Access to and use of the Portal is subject to certain conditions. You must comply with all applicable laws and regulations and adhere to these Terms and the other Policies. Failure to do so may result in restricted access or termination of your Account.

3.2 While we strive to provide a seamless experience, we do not guarantee constant availability of the Portal.

3.3 To access and use the Portal you must implement and operate the minimum browser specification required by us and/or our licensor from time to time.

4 Your Responsibilities on the Portal

4.1 You must not use the Portal to:

 do anything illegal or breach applicable laws or regulations;

 transfer or assign any of your rights to use the Portal to another person;

 input any Personal Data (and for these purposes "Personal Data" shall have the meaning given to it in applicable Data Protection Legislation) via the Portal; or

 collect or use any images or text from the Portal or otherwise breach our intellectual property terms.

4.2 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information and data that you input via the Portal.

4.3 PLEASE TAKE CARE NOT TO ENTER ANY DATA THAT CAN BE IDENTIFIABLE OTHER THAN YOUR ACCOUNT REGISTRATION DETAILS. I.E. NO NAMES OR DETAILS THAT CAN BE USED TO IDENTIFY ANOTHER PERSON. ALSO NEVER ENTER COMMERCIALLY SENSITIVE INFORMATION.

4.4 If you fail to comply with these Terms or violate any of our Policies, we may:

 temporarily or permanently withdraw or suspend your access to the Portal;

 disclose information to law enforcement authorities if we find it reasonably necessary or have a legal obligation to do so; or

 temporarily or permanently delete your account.

5 How We Protect Intellectual Property Rights & Content

5.1 You acknowledge and agree that all intellectual property rights associated with the Portal, including but not limited to trademarks, copyrights, and proprietary content, are owned by and exclusively belong to us or our licensor (as the context requires). All Intellectual Property Rights in and to the AI Solution shall remain vested in our licensor and you shall acquire no right, title or interest in or to said Intellectual Property Rights

5.2 By posting your content and information on or through the Portal, you grant to us a worldwide, non-exclusive, irrevocable, sub-licensable, perpetual and royalty-free licence to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, licence, sub-licence, assign, transfer, prepare derivative works and exploit your content (including any intellectual property rights included in such content) anywhere and in any form for the operation of the Portal and/or our business.

5.3 We reserve the right to delete, reject or modify content and information as needed. This includes content and information that violates these Terms or our other Policies, infringes any intellectual property rights, or poses a threat to the security and/or the integrity of the Portal.

6 How We Use Your Personal Information

We are committed to protecting your privacy. The use of your personal information is governed by our Privacy Policy. By using the Portal, you agree to the terms outlined in the Privacy Policy, which detail how we collect, process, and safeguard your personal data.

We shall be entitled to use anonymised data and information from Reports for trend analysis purposes and to share such trend analysis with third parties. No source data will utilised for this purpose, only Executive Summary information which contains no details of the Organisation, Managers nor Stakeholders.

7 Termination

7.1 We may terminate or suspend your Account (and any accounts related to your Account) and your access to the Portal should we have reason to believe that you or your use of the Portal violates these Terms or our other Policies.

7.2 If we do opt to terminate or suspend your Account, you will not have a contractual or legal right to continue to use the Portal. We will typically notify you if your Account has been terminated or suspended, unless you have repeatedly violated these Terms or our other Policies, or there is a legal or regulatory reason preventing us from doing so.

7.3 If you or we terminate your Account, you may lose any information associated with your Account.

7.4 We reserve the right to change, suspend or discontinue any of the services we provide to you or other users at any time, for any reason. We will not be liable to you for the effect that any changes to the services we provide may have on you.

8 Disclaimers

8.1 The Portal is offered on an "as is" basis. We disclaim any guarantees regarding the services and/or outputs it provides, its functionality, or the accuracy of content or information. We do not warrant to you in any way that:

 the Portal, its outputs or your use of our services will meet your requirements, and as such the Portal is offered on an “as is” basis;

 the Portal or your use of our services will be uninterrupted, timely, secure or error-free;

 any information obtained by you through your use of the Portal or our services will be accurate or reliable or error-free; or

 defects in the operation or functionality of the Portal or our services provided to you will be corrected.

8.2 You assume sole responsibility for results obtained from the use of the Portal, and for conclusions drawn from such use. We do not take any responsibility for any:

 errors or omissions in any information, instructions or scripts provided to us via the Portal; or

 errors or omissions in any report arising from the use of the AI Solution.

8.3 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with these Terms or our other Policies or the provision or receipt of our services for any:

 loss or harm caused by viruses, worms or other programmes which are designed to negatively impact the Portal or the provision of our services;

 loss of profit, goodwill, opportunity, data, business or business reputation;

 business interruption; and

 indirect or consequential losses, including where such loss/damage is of any of the types listed above.

8.4 We do not exclude or limit our liability in any way where it would be unlawful to do so. Nothing in these Terms excludes or limits your or our liability for fraud or fraudulent misrepresentation. Our aggregate total liability whether based on a claim in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with these Terms or the provision or receipt of our services and the Portal is limited to £100 in any 12 month period.

8.5 All terms, conditions, warranties and representations that may be implied by statute or otherwise are excluded to the fullest extent permitted by law.

9 Changes to these Terms

9.1 These Terms are subject to change by us at any time, we will revise the “Last Updated” date at the top of these Terms, upon which the changes shall be effective.

9.2 It is your responsibility to be aware of any changes and your continued use of the Portal shall constitute your agreement to these Terms and any updates to the Terms.

10 Resolving Disputes

If you have a dispute with us relating to the Portal, in the first instance please contact us by reference to the “Contact Us” section below and we will try to resolve the issue informally.

11 Contact Us

11.1 For enquiries relating to these Terms, you can reach out to us via [https://www.fittocare.co.uk/contact]. We value open communication and are committed to addressing any concerns or questions that you may have regarding the Terms.

11.2 Additionally, for data protection requests and concerns, you have the right to contact the ICO, the UK's supervisory authority for data protection matters. Information about the ICO, including contact details, can be found at Information Commissioner's Office (ICO). Further information is contained in our Privacy Policy.

12 Miscellaneous

12.1 The failure by us to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.

12.2 If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

12.3 These Terms, along with any other terms and Policies referenced herein, constitute the entire agreement between you and us, governing the use of the Portal and superseding any prior agreements, understandings, or communications, whether written or oral.

12.4 These Terms are made between you and us. Nobody else has any rights under them.

13 Governing Law & Jurisdiction

These Terms along with the other Policies referenced herein are subject to and governed by the laws of England. You agree that any dispute arising from or in connection with these Terms and/or the other Policies referenced herein will be subject to the exclusive jurisdiction of the courts of England.

14 Corporate information

14.1 Fit to care c/o Front Foot MI Ltd, Registered Number: 05457319 Registered Office: Park House, 2 Park View, Gatley, Stockport, Cheshire, SK8 4BL