1. About these terms
These Terms of Service ("Terms") form a legal agreement between the organisation you represent ("Customer", "you") and Nemora Healthcare Solutions Ltd ("Nemora", "we", "us") governing use of:
- The NHS Performance Intelligence platform at nhs-intelligence.nemorahealthcaresolutions.com (the "Platform")
- Reports generated from it, including board packs (the "Outputs")
- This marketing website and any related services (together, the "Service")
By signing an order form, starting a trial, or using the Service, you accept these Terms. Where a signed order form conflicts with these Terms, the order form prevails.
2. Who we are
Nemora Healthcare Solutions Ltd, registered in England and Wales under company number 17097373, registered office 29 Fernwood, Runcorn, Cheshire, WA7 6UT. Contact: info@nemorahealthcaresolutions.com.
3. The Service
The Platform turns nationally published NHS open data into peer-benchmarked intelligence: peer-group benchmarking, a cross-domain Access Pressure Index, an indicative oversight segment shown alongside the official published segmentation, seasonally adjusted early-warning signals, opportunity analysis, an opt-in peer exchange for individual leaders, and one-click board packs.
The Platform processes no patient data. All national performance data is derived from publicly available sources published under the Open Government Licence ("OGL") by NHS England and other national bodies.
4. Licences and accounts
- The Service is licensed per Trust or per ICB. A Trust licence covers that Trust's board, executives, and staff. An ICB licence covers the ICB and its member organisations as set out in the order form.
- User accounts are personal, require a work email address, and must not be shared with anyone outside the licensed organisation(s).
- Access may be limited to a subscription validity period; accounts lapse automatically at the end of the licensed term unless renewed.
- You are responsible for activity on your accounts and must tell us promptly about any suspected unauthorised access.
5. Trials
Where we offer a trial (for example, a 10 day trial), it is free, ends automatically at the end of the stated period unless you enter into a licence, and creates no payment obligation. We may limit trial features or data coverage. These Terms apply during trials.
6. Fees and payment
Fees are as set out in your order form, invoiced by Nemora, payable within 30 days of invoice unless otherwise agreed in writing. Prices exclude VAT unless stated. We may revise fees at renewal with at least 60 days' notice.
7. Customer data and uploads
The Platform may allow your organisation to upload its own aggregate performance figures (for example, in-year finance positions or provisional monthly statistics) so they can be analysed alongside the national data ("Customer Data"). For Customer Data:
- You retain all rights in it. You grant Nemora a licence to host, process, and display it solely to provide the Service to you.
- It must be aggregate, organisation-level data only. Uploading patient-level or person-identifiable data is prohibited and is a material breach of these Terms. The Platform applies technical checks, but responsibility for what you upload rests with you.
- It is private to your organisation by default. It is shared with other customers only where you explicitly choose a sharing option that says so.
- You are responsible for its accuracy and for having the right to upload it. Uploaded figures are displayed clearly badged as supplied by your organisation, not as official statistics.
- You can delete it at any time, and it is deleted when your subscription ends in line with our Data Processing Agreement.
8. Acceptable use
You must use the Service in line with our Acceptable Use Policy. In summary: no credential sharing outside the licensed organisation, no bulk scraping or resale of the Platform or its Outputs, no attempts to re-identify individuals from aggregate data, no misrepresenting the Platform's indicative analysis as official NHS England positions, and professional conduct in the Peer Exchange.
9. Data protection
The Platform holds no patient data. Personal data we do process (user accounts, opt-in Peer Exchange profiles, publicly sourced board member names) is described in our Privacy Policy. Where we process personal data or Customer Data on your behalf, our Data Processing Agreement applies.
10. Open data and attribution
Underlying statistics remain public sector information licensed under the OGL v3.0 and are attributed to their publishers. CQC ratings are reproduced from the Care Quality Commission's syndication service and attributed accordingly. Nemora's analysis, indices, scores, peer groupings, methodology, and the design of the Platform and Outputs are Nemora's intellectual property.
11. Important limits of the intelligence
- Planning and decision-support only. The Service is for benchmarking, prioritisation, and board reporting. It is not a clinical tool, does not make clinical assessments, and must not be used to make decisions about individual patients or their care.
- Indicative, not official. Nemora's scores, segments, and RAG positions are analytical estimates. They are not NHS England oversight determinations. Where we display the official published segmentation or league table, it is reproduced from NHS England's publication and labelled as such.
- Data as published. Outputs reflect national publications, including their lags, revisions, and errors. Verify figures before formal use.
- Public-source contact details. Board and leadership names are gathered from official public sources and may be out of date; verify before formal use.
12. Peer Exchange
The Peer Exchange is an opt-in directory for individual leaders. Participation is personal; your contact details are shared with another member only when you accept a connection. You retain rights in content you post and grant Nemora a licence to host and transmit it solely to deliver the Service. We may remove content or suspend Peer Exchange access for conduct that breaches the Acceptable Use Policy.
13. Intellectual property
We grant you a non-exclusive, non-transferable licence, for the term of your subscription, to use the Platform and to use, copy, and share Outputs within the licensed organisation(s) and with your regulators, auditors, and system partners for legitimate oversight purposes. All other rights are reserved. You may not resell or commercially exploit the Service without a written agreement.
14. Availability
We aim to provide the Service with reasonable skill and care and keep it available continuously, but we do not promise it will be uninterrupted or error-free. Data freshness depends on national publication schedules we do not control. We will try to give notice of planned maintenance.
15. Liability
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or anything else that cannot be excluded under law. Subject to that: we are not liable for decisions you make using the Service; we are not liable for indirect or consequential loss, loss of profit, or loss of data; and our total aggregate liability in any 12 month period is capped at the fees paid for the Service in that period (or £1,000 during a free trial).
16. Term, suspension, and termination
Subscriptions run for the period in the order form and renew as stated there. Either party may terminate for material breach not remedied within 30 days of written notice. We may suspend access immediately for security reasons or serious breach of the Acceptable Use Policy. On termination, your licence to use the Platform ends; Outputs already generated may be retained for your records.
17. Changes to these terms
We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email or in-Platform notice. Continued use after the change takes effect constitutes acceptance.
18. Governing law
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.