Last updated: 8 June 2026
These Terms of Service (“Terms”) set out the legally binding agreement between Medical Ocean and the healthcare facility, organisation, or professional that accesses or uses our software and services. Please read them carefully before using the Service.
1. Introduction and Acceptance of Terms
These Terms govern your access to and use of the cloud-based healthcare software and related services provided by Medical Ocean (“Medical Ocean”, “we”, “us”, or “our”). By signing an order form, creating an account, or otherwise accessing or using the Service, you (“you”, “the Customer”) confirm that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a healthcare facility, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.
The Service is intended for use by healthcare facilities and professionals on a business-to-business basis. It is not offered to consumers or to individuals acting for purposes outside their trade, business, or profession.
2. Definitions
In these Terms, the following words have the following meanings:
“Service” means the cloud-based healthcare software made available by Medical Ocean, including its modules (Electronic Health Records (EHR), Pharmacy Management, Anesthesia Module, Laboratory Information System, HR & Payroll, and Incident Reporting), together with any associated documentation, updates, and support services.
“Customer” means the healthcare facility, organisation, or professional that subscribes to or uses the Service under these Terms.
“User” means any individual authorised by the Customer to access and use the Service on the Customer’s behalf, including employees, contractors, and clinical staff.
“Content” means any data, text, files, records, images, or other materials uploaded to, generated within, or processed by the Service.
“Customer Data” means all Content that the Customer or its Users submit to, store in, or process through the Service, including patient health and clinical records.
“Patient Data” means personal data relating to identifiable patients, including health and other special category data, processed through the Service.
“Account” means the Customer’s registered account through which Users access the Service.
3. Eligibility and Account Registration
To use the Service, the Customer must be a healthcare facility, organisation, or professional capable of entering into a binding contract under applicable law. The Customer is responsible for ensuring that all Users it authorises are appropriately qualified and permitted to access the relevant Content.
Account Security
The Customer is responsible for maintaining the confidentiality of all account credentials and for all activity that occurs under its Account. The Customer must:
- ensure that login credentials are kept secure and not shared with unauthorised persons;
- promptly notify Medical Ocean at admin@medicalocean.co of any actual or suspected unauthorised access or security breach;
- ensure that each User has their own credentials where required and that access is removed when a User no longer needs it; and
- maintain appropriate access controls in line with good information security practice.
Medical Ocean is not liable for any loss or damage arising from the Customer’s failure to safeguard its credentials or Account.
4. Licence and Right to Use the Service
Subject to these Terms and to payment of any applicable fees, Medical Ocean grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for the Customer’s internal healthcare operations during the term of the agreement.
Restrictions
The Customer must not, and must not permit any User or third party to:
- copy, modify, adapt, translate, or create derivative works of the Service except as expressly permitted;
- reverse engineer, decompile, or disassemble any part of the Service, or attempt to derive its source code, except to the extent such restriction is prohibited by law;
- resell, rent, lease, sublicense, or otherwise make the Service available to any third party except as expressly authorised;
- introduce any malicious code, or attempt to gain unauthorised access to the Service or its underlying systems;
- use the Service to build a competing product or service, or to benchmark it without our prior written consent; or
- remove, obscure, or alter any proprietary notices within the Service.
5. Customer Responsibilities
The Customer is responsible for its use of the Service and for the Content it processes. In particular, the Customer must:
- use the Service only for lawful purposes and in accordance with these Terms and all applicable laws and professional standards;
- ensure the accuracy, quality, and legality of the Customer Data, and that it has the right to upload and process such data through the Service;
- obtain and maintain all necessary patient consents, authorisations, and legal bases required for the collection, storage, and processing of Patient Data;
- comply with all applicable healthcare, clinical governance, data protection, and regulatory requirements relevant to its activities;
- ensure that Users comply with these Terms; and
- maintain appropriate clinical and operational policies governing how the Service is used within its facility.
The Customer remains responsible for verifying the accuracy and appropriateness of any information entered into or produced by the Service.
6. Medical and Clinical Disclaimer
The Service is a software tool designed to support healthcare facilities and professionals in managing clinical and operational information. It is not a substitute for professional medical judgement, diagnosis, or treatment.
- The Service does not provide medical advice and is not intended to make clinical decisions on behalf of any clinician.
- Clinicians and other healthcare professionals remain solely and fully responsible for all decisions relating to patient care, diagnosis, prescribing, and treatment.
- Any information, alert, calculation, or output provided by the Service is intended to assist, not replace, the exercise of independent professional clinical judgement.
- Nothing in the Service should be relied upon as the sole basis for any clinical decision, and clinicians should always verify information against their own assessment and applicable clinical guidelines.
- Medical Ocean does not represent or warrant that the Service is a regulated medical device, and the Service must not be used as such unless expressly agreed in writing.
The Customer is responsible for ensuring that its clinical staff understand that the Service supports, but does not replace, professional care.
7. Data Protection
Medical Ocean is committed to protecting personal data processed through the Service. Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.
Where Medical Ocean processes Patient Data or other personal data on behalf of the Customer, such processing is governed by a separate Data Processing Agreement (DPA) between the parties, which sets out the respective roles and responsibilities of the Customer (as controller) and Medical Ocean (as processor), including the subject matter, duration, nature, and purpose of processing and the applicable security measures.
The Customer is responsible for ensuring it has a lawful basis for the processing of Patient Data and for meeting its own obligations as a data controller under applicable data protection law.
8. Fees and Payment
Access to the Service is generally provided on a subscription basis. The applicable fees, billing frequency, and payment terms are set out in the relevant order form, subscription plan, or quotation agreed between the parties.
- Unless otherwise stated, fees are exclusive of any applicable taxes, which the Customer is responsible for paying.
- Invoices are payable within the period stated on the invoice or order form.
- Medical Ocean may suspend access to the Service where undisputed fees remain unpaid after written notice.
Any changes to fees will be communicated in accordance with the agreed subscription terms.
9. Service Availability, Support, and Maintenance
Medical Ocean will use commercially reasonable efforts to make the Service available and to provide support in accordance with any service levels agreed between the parties.
However, the Customer acknowledges that:
- the Service may be subject to planned maintenance, updates, and occasional downtime;
- Medical Ocean does not guarantee that the Service will be uninterrupted, error-free, or continuously available; and
- access to the Service may be affected by factors outside our reasonable control, including internet connectivity and third-party infrastructure.
Where reasonably practicable, we will give advance notice of planned maintenance that is likely to materially affect availability.
10. Intellectual Property
All intellectual property rights in and to the Service, including the underlying software, source code, design, documentation, and any improvements or modifications, are and remain the exclusive property of Medical Ocean and its licensors. Nothing in these Terms transfers any such rights to the Customer except for the limited right to use the Service expressly granted above.
The Customer retains all rights, title, and interest in and to the Customer Data. The Customer grants Medical Ocean a limited right to host, process, and transmit the Customer Data solely to the extent necessary to provide and support the Service and as otherwise permitted under the Data Processing Agreement.
11. Confidentiality
Each party may have access to confidential information of the other party in connection with the Service. Each party agrees to:
- keep the other party’s confidential information secure and confidential;
- use it only for the purposes of performing its obligations or exercising its rights under these Terms; and
- not disclose it to any third party except to those who need to know it and who are bound by equivalent confidentiality obligations, or as required by law.
These obligations do not apply to information that is or becomes publicly available other than through a breach of these Terms, or that is independently developed or lawfully received from a third party. Patient Data and personal data are additionally governed by the Privacy Policy and the Data Processing Agreement.
12. Warranties and Disclaimers
Medical Ocean warrants that it will provide the Service with reasonable skill and care.
Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, and Medical Ocean disclaims all other warranties, conditions, and representations, whether express or implied, including any implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement. Medical Ocean does not warrant that the Service will meet all of the Customer’s requirements or that it will be free from all defects or errors.
13. Limitation of Liability
Nothing in these Terms excludes or limits either party’s liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded or limited under the laws of England and Wales.
Subject to the paragraph above, and to the fullest extent permitted by law:
- neither party shall be liable for any indirect, special, or consequential loss, or for any loss of profits, revenue, goodwill, or anticipated savings, arising out of or in connection with these Terms; and
- Medical Ocean’s total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid or payable by the Customer for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
The Customer acknowledges that the responsibility for clinical decisions and patient care rests with the relevant healthcare professionals, as set out in the Medical and Clinical Disclaimer above.
14. Indemnification
The Customer agrees to indemnify and hold harmless Medical Ocean, its officers, employees, and agents from and against any claims, liabilities, losses, damages, and reasonable costs (including legal fees) arising out of or in connection with:
- the Customer’s breach of these Terms or applicable law;
- the Customer Data, including any claim that its processing infringes the rights of, or has caused harm to, a third party; or
- the Customer’s failure to obtain necessary patient consents or to meet its regulatory or clinical governance obligations.
15. Term and Termination
These Terms apply for the duration of the Customer’s subscription or use of the Service.
Suspension
Medical Ocean may suspend access to the Service where the Customer is in material breach of these Terms, where required to protect the security or integrity of the Service, or where fees remain unpaid following notice.
Termination
Either party may terminate the agreement in accordance with the agreed subscription terms or on written notice if the other party commits a material breach that is not remedied within a reasonable period after notice.
Effect of Termination
On termination or expiry of the agreement:
- the Customer’s right to access and use the Service ends;
- the Customer may, for a limited period following termination, request the export or return of its Customer Data in a commonly used format; and
- following that period, Medical Ocean may delete the Customer Data in accordance with the Privacy Policy, the Data Processing Agreement, and applicable legal retention requirements.
Any provisions that by their nature are intended to survive termination (including those relating to intellectual property, confidentiality, liability, and governing law) shall continue to apply.
16. Changes to the Service and to These Terms
Medical Ocean may update, improve, or modify the Service from time to time, including by adding, changing, or removing features, provided that such changes do not materially reduce the core functionality of the Service during the subscription term.
We may also update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. Where changes are material, we will provide reasonable notice. The “Last updated” date at the top of this page indicates when these Terms were last revised. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
17. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18. Contact Us
If you have any questions about these Terms, please contact us:
Medical Ocean 86-90 Paul Street London EC2A 4NE United Kingdom
Email: admin@medicalocean.co