Terms of Service

1. Definitions

In these Terms, the following expressions have the meanings set out below:

• “Agreement” means these Terms together with any order form, quotation, subscription checkout, client services agreement or written variation expressly accepted by Aim.
• “Service(s)” means the Aim software-as-a-service platform, including AI Care Manager, the Aim Full Stack and any additional modules, integrations, templates, content or professional services supplied by Aim.
• “Subscription” means the Client’s right to access and use the Service under a Monthly Plan, Annual Plan or bespoke commercial agreement.
• “Authorised User” means an employee, contractor or agent of the Client who is authorised to access the Service on the Client’s behalf under a licensed seat.
• “Confidential Information” means any non-public information disclosed by one party to the other, including the Service, its interfaces, workflows, demo environments, pricing, source data and any materials marked or reasonably understood to be confidential.

2. The Service

Aim provides a software-as-a-service platform designed to support domiciliary and related care operations. The Service is provided on an “as is” and “as available” basis. Aim continuously improves the Service and reserves the right to add, modify, deprecate or remove features at its discretion, provided that material adverse changes to core functionality during an active paid term will be notified in writing and any regulatory features referenced in the Agreement will be preserved or replaced with equivalents.

3. Accounts, Eligibility & Subscription Plans

4. Pricing & Adjustments

The Client’s agreed price remains fixed for the current contract term. Pricing may be adjusted on renewal, or during a term where the Client:

• adds users, staff, seats, locations or modules;
• requests custom features, integrations, migrations, data work or professional services; or
• materially changes the scope, volume or nature of its use.

Any pricing adjustment outside these triggers will be communicated in writing at least 30 days before taking effect. Aim may also pass through, with written notice, any third-party cost increases (including hosting, AI inference, SMS, telephony and payment processing).

5. Billing, Payment & Recurring Charges

6. Refunds & Billing Finality

7. Automatic Renewal & Effect of Payment

All Subscriptions renew automatically on their existing terms unless cancelled in accordance with these Terms. Any successful subscription payment confirms continuation of the active Subscription for the applicable billing period. Payments do not constitute one-off transactions unless expressly stated in writing by Aim.

8. Acceptable Use

The Client, and each Authorised User, must not:

• use the Service in any way that is unlawful, fraudulent, deceptive, or intended to harm Aim, another user, or a third party;
• upload, transmit or store content that is unlawful, infringing, obscene, defamatory, discriminatory or malicious, or which contains viruses or malicious code;
• attempt to gain unauthorised access to the Service, any other user’s account, or any underlying systems, networks or infrastructure;
• interfere with, disrupt, degrade or overload the Service, its APIs, or any connected services;
• scrape, harvest, crawl, data-mine or otherwise extract data from the Service by automated means, except through features expressly provided for that purpose;
• share login credentials or allow account access by anyone other than the Authorised User to whom the seat is assigned;
• use the Service to develop, train, benchmark against, or improve a competing product or service; or
• violate any applicable law, regulation or regulatory code (including, for regulated care providers, the standards of the Care Quality Commission or equivalent body).

The Client is responsible for the acts and omissions of its Authorised Users and for all activity under its account.

9. Client Conduct & Right to Terminate for Cause

Aim is committed to a safe, respectful and professional working relationship with its clients and to protecting the welfare of its staff, contractors and wider user community.

Aim may, at its sole discretion and without refund, immediately suspend or terminate the Agreement, restrict access to the Service and cease the provision of support where the Client, any Authorised User, or anyone acting on the Client’s behalf:

• engages in abusive, aggressive, threatening, harassing, bullying, discriminatory, sexually inappropriate or otherwise hostile conduct towards Aim’s directors, employees, contractors, agents, users or community;
• makes defamatory, malicious or knowingly false statements about Aim, its products, its personnel or its other clients, whether publicly or in private communication;
• repeatedly engages in unreasonable, unmannerly or disruptive behaviour that materially interferes with Aim’s ability to provide the Service in a professional manner;
• makes threats of legal action, regulatory complaint, chargeback, reputational harm or public campaigns as a means of extracting commercial concessions to which the Client is not contractually entitled; or
• commits a material breach of this Agreement (including breaches of Sections 8, 10, 11, 12, 13 or 14).

Where Aim exercises its rights under this Section 9, it will provide written notice to the Client setting out the basis for the action. Where the conduct is not irremediable, Aim may (but is not obliged to) give the Client an opportunity to remedy it within a reasonable period specified in the notice. No refunds or credits will be due for unused periods where termination is for cause under this Section.

10. Identity, Misrepresentation & Competitor Access

The integrity of the Aim ecosystem depends on all clients, prospects, trial users and demo participants being who they represent themselves to be. Accordingly, the Client warrants on a continuing basis that:

• it is acting in its own name, or as an expressly authorised representative of a named organisation disclosed in writing to Aim;
• it is not, and is not acting on behalf of, any person or entity that develops, markets, resells, consults on or materially contributes to a product that competes (or is intended to compete) with the Service, unless Aim has consented in writing;
• it will not use a false identity, false business name, false email address, a colleague’s or third party’s credentials, a misleading job title or any other form of impersonation to access demos, trials, pricing information or the Service;
• it will not facilitate or permit access to the Service, demos or trials by a competitor, an undisclosed investor in a competitor, or a consultant engaged by a competitor.

Aim may, at any time and without refund, require identity and entity verification (including government-issued identification of the registered signatory, Companies House references, domain ownership evidence and live verification calls). Where Aim reasonably determines that the Client has misrepresented its identity, affiliation, role or purpose, Aim may:

• terminate the Agreement with immediate effect and without refund;
• revoke all access to the Service, demo environments and associated materials;
• retain all fees paid as liquidated damages for the investigative and opportunity costs incurred;
• recover losses, professional fees and any profits derived from the misrepresentation; and
• pursue any available civil, equitable or criminal remedies, including clAims in deceit and for breach of confidence.

11. Cancellation Method (Strict)

All cancellation notices must be submitted in writing by email to care@weaim.io. Cancellation requests via WhatsApp, SMS, social media, phone calls, or verbal communication are not valid. The Subscription remains active and billable until: (a) a valid cancellation notice is received at care@weaim.io, and (b) the applicable notice period has fully elapsed.

12. Intellectual Property

13. Demos, Trials & Pre-Contract Access

Aim often shares its product through live demonstrations, recorded walkthroughs, guided trials, beta programmes and pilot environments (collectively, “Demos”). Access to a Demo is a privilege, not a right, and is provided strictly on the following terms:

• Demos are Confidential Information of Aim. The Client and each attendee must treat everything shown (including screens, workflows, prompts, data models, features, roadmap, pricing and commercial approach) as confidential.
• The Client and each attendee must not record, screen-capture, screenshot, photograph, stream, transcribe, or otherwise preserve or transmit any part of a Demo, in any format, without Aim’s prior written consent.
• The Client and each attendee must not share, circulate, post or publish any Demo material, screenshots, features or commercial information on social media, in blogs, in investor updates, in training materials or in any public or semi-public channel.
• The Client and each attendee must not attend a Demo on behalf of, or while acting as a consultant to, a competitor, nor use anything learned during a Demo to inform the design, development, specification or marketing of a competing product.
• Aim may at its discretion require attendees to sign an individual non-disclosure agreement, verify identity, decline or re-schedule Demos, or remove any attendee from a session.
• Where Aim reasonably concludes that a Demo has been attended in bad faith (including to copy, benchmark, profile pricing or extract specifications for a competing product), Aim’s rights under Sections 9, 10 and 12.3 apply in full, including the right to terminate without refund and to recover losses and profits.

The obligations in this Section 13 survive indefinitely, regardless of whether the Client proceeds to become a paying subscriber.

14. Confidentiality

Each party must keep the other’s Confidential Information strictly confidential, use it only for the purposes of performing this Agreement, and protect it using at least the same standard of care it uses for its own confidential information (and in any event, no less than a reasonable standard of care). This obligation survives termination for a period of 5 years, except that obligations relating to trade secrets, source code, prompts, model designs and Demo materials continue indefinitely.

15. Data Protection

Where Aim processes personal data on behalf of the Client, it does so as a processor and the Client is the controller for the purposes of the UK GDPR and the Data Protection Act 2018. Aim will process personal data only on the Client’s documented instructions (including as set out in this Agreement), will apply appropriate technical and organisational measures, will impose confidentiality obligations on personnel, will assist the Client with data subject rights and regulatory obligations (including DPIAs where applicable), and will notify the Client without undue delay of any personal data breach affecting the Client’s data. Full details of Aim’s processing activities, sub-processors and security measures are available on request and form part of this Agreement as Aim’s Data Processing Addendum.

16. Policies & Procedures (If Purchased)

17. No Regulatory or Business Outcome Guarantee

Aim does not guarantee any regulatory outcome, inspection result, compliance rating, or business performance (including CQC ratings, hours won, tenders awarded, staff retention, or revenue). The Client remains solely responsible for regulatory compliance and for all operational decisions made using the Service.

18. Warranties

Aim warrants that it will provide the Service with reasonable skill and care. Except as expressly set out in this Agreement, all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law.

19. Limitation of Liability

To the fullest extent permitted by law, Aim will not be liable for indirect, incidental, special, punitive or consequential damages, or for any loss of profits, revenue, goodwill, anticipated savings, contracts, business opportunity, or data. Aim’s total aggregate liability under or in connection with this Agreement (whether in contract, tort (including negligence), breach of statutory duty or otherwise) is limited to the fees paid by the Client to Aim in the 3 months preceding the event giving rise to the clAim.

Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

20. Indemnity

The Client agrees to indemnify, defend and hold Aim, its directors, employees, contractors and affiliates harmless from and against all clAims, losses, damages, liabilities, penalties, fines and reasonable costs (including legal fees) arising from or in connection with: (a) the Client’s edits to, or implementation of, templates or documents; (b) the Client’s use of the Service; (c) the Client’s breach of this Agreement (including Sections 8, 9, 10, 12, 13, 14 and 15); (d) any content uploaded to the Service by the Client or its Authorised Users; or (e) the Client’s failure to comply with applicable laws, regulations or regulatory codes.

21. Suspension; Breach; Non-Payment & Chargebacks

Aim may suspend access immediately and without liability if:

• payment is overdue by 14 days or more;
• the Client materially breaches this Agreement;
• Aim reasonably believes the Service is being misused, used unlawfully, or used in a way that threatens the security, stability or reputation of the platform; or
• the Client initiates a chargeback or payment dispute without first contacting Aim support and allowing a reasonable opportunity to resolve the matter.

Initiating a chargeback or payment dispute without first contacting Aim support may result in immediate suspension of services. Aim reserves the right to recover chargeback fees, reasonable administrative costs and any losses caused by disputes raised in breach of these Terms. Suspension of access does not entitle the Client to refunds or credits and does not relieve the Client of its obligation to pay accrued and future fees due under the remaining term.

22. Late Payment Interest & Recovery Costs

All sums not paid by the due date will bear interest at the rate of 8% per annum above the Bank of England base rate, calculated daily from the due date until payment is made in full, whether before or after judgment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Aim is also entitled to recover reasonable costs incurred in collecting overdue amounts, including debt collection agency fees, legal fees and court costs.

23. Non-Solicitation

During the term and for 12 months after termination, the Client will not, directly or indirectly, solicit for employment or engagement any Aim director, employee or contractor with whom the Client has had material contact in connection with the Service. General, non-targeted recruitment advertising is not a breach of this Section.

24. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, cyber-attack, failures of third-party services (including hosting, AI inference, telephony and payment providers), and changes in law.

25. Assignment & Subcontracting

The Client may not assign, transfer, charge or otherwise deal with this Agreement without Aim’s prior written consent. Aim may assign, transfer or subcontract any of its rights or obligations without consent, provided that the Service continues to be delivered substantially as described.

26. Notices

Notices under this Agreement must be in writing. Notices to Aim must be sent to care@weaim.io. Notices to the Client may be sent to the primary contact email on the account. Notices are deemed received on the next business day after sending.

27. Entire Agreement

These Terms, together with any order form, checkout, Client Services Agreement, or written variation expressly accepted by Aim, constitute the entire agreement between the Client and Aim. Verbal statements, demonstrations, marketing materials or informal communications do not form part of the contract unless confirmed in writing by Aim. Each party confirms that it has not relied on any statement, representation or warranty not expressly set out in this Agreement.

28. Severability, Waiver & Third-Party Rights

If any provision of this Agreement is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will continue in full force. Failure or delay by Aim to enforce any right does not constitute a waiver of that right. Except as expressly stated, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

29. Variation

Aim may update these Terms from time to time. Material changes will be notified by email to the primary account contact or by in-product notice at least 30 days before they take effect. Continued use of the Service after that period constitutes acceptance. Changes required by law, security, or to protect the Service or its users may take effect immediately.

30. Governing Law & Jurisdiction

These Terms are governed by the laws of England & Wales. The parties submit to the exclusive jurisdiction of the courts of England & Wales, except that Aim may bring proceedings to enforce its intellectual property rights or recover unpaid fees in any competent jurisdiction.

31. Contact