Terms of Service

These Terms of Service (the "Terms") govern access to and use of the Comflyant service (the "Service"). By using the Service, the customer (the "Customer", "you") agrees to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm you have authority to bind that organisation.

1. Who we are

The Service is provided by Finding Out Limited (company no. 16642597), a company registered in England & Wales with its registered office at 67 Glenthorne Gardens, Ilford, England, IG6 1LA, trading as Comflyant ("Comflyant", "we", "us"). You can reach us using the details on our contact page.

2. The Service

Comflyant provides compliant, scheduled, SMS-delivered forms and response capture, together with an API and a web application for managing templates, plans, schedules and responses. We may update, improve or change features of the Service over time. We provide the Service with reasonable skill and care but do not warrant that it will be uninterrupted or error-free.

Comflyant is not a medical device and does not make or support clinical decisions. You are responsible for the clinical and operational use you make of the Service and of any data you collect through it.

3. Accounts and access

Access is currently provided on an invitation basis. You are responsible for keeping account credentials and API keys secure, for activity under your accounts and keys, and for ensuring your staff users use the Service in line with these Terms. You must notify us promptly of any suspected unauthorised access.

4. Acceptable use

You agree not to, and not to permit others to:

• use the Service unlawfully, or to send unlawful, fraudulent or unsolicited messages;
• send messages to recipients without a valid lawful basis and the necessary notices and consents;
• attempt to gain unauthorised access to the Service, other tenants' data, or underlying infrastructure;
• probe, scan, or circumvent security or authentication measures except under an agreed, authorised test;
• interfere with or disrupt the integrity or performance of the Service;
• reverse engineer the Service except to the extent permitted by law; or
• use the Service to build a competing product or service.

5. Data protection and the DPA

In respect of personal data processed through the Service on your behalf, you act as the data controller and Comflyant acts as your data processor. That processing is governed by a separate Data Processing Agreement (DPA) under UK GDPR Article 28, which forms part of the agreement between us and prevails over these Terms in respect of personal-data processing. Under the DPA we process personal data only on your documented instructions, apply the technical and organisational measures described in our trust & security page, and engage only the sub-processors listed there. See also our privacy policy.

6. Customer responsibilities

You are responsible for the lawfulness of the data you process through the Service, for the accuracy of recipient contact details, for the content of the forms and messages you configure, and for meeting your own obligations as a data controller, including providing privacy information to recipients and handling their rights requests.

7. Fees

Fees, billing frequency and any usage limits are set out in your order or plan. Unless stated otherwise, fees are exclusive of VAT and other applicable taxes.

8. Intellectual property

We retain all intellectual property rights in the Service. You retain all rights in your data and content. You grant us the limited rights necessary to process your data to provide the Service.

9. Confidentiality

Each party will protect the other's confidential information and use it only to perform its obligations under the agreement.

10. Warranties and disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

11. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data. Each party's total aggregate liability arising out of or in connection with the agreement is limited as set out in the main services agreement. Nothing limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.

12. Suspension and termination

We may suspend access where necessary to protect the Service or other customers, or where you materially breach these Terms. Either party may terminate as set out in the main services agreement. On termination we will, at your choice, delete or return personal data as set out in the DPA, save where law requires retention.

13. Changes to these Terms

We may update these Terms from time to time and will record the date at the top of this page. Continued use of the Service after a change constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of England & Wales, and the courts of England & Wales have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.