Terms of Use

These Terms of Use govern your access to and use of IndiCare Intelligence, ORB Residential, our website, mobile applications, demo environments, early access tools, support channels and related services.

By accessing or using the service, you agree to these Terms. If you do not agree, you must not use the service.

1. Who we are

IndiCare Intelligence is operated by Tom Kelly. References to “IndiCare”, “IndiCare Intelligence”, “ORB Residential”, “we”, “us” or “our” mean the provider of the website, app and related services.

Contact email: thomas.kelly@indicare.co.uk

2. Purpose of the service

IndiCare Intelligence builds ethical intelligence tools for children’s social care. ORB Residential is designed to support adults in residential children’s homes with recording, reflection, safeguarding thinking, report preparation, oversight and evidence quality.

The service is a support tool only. It is not a replacement for adults, managers, responsible individuals, social workers, safeguarding leads, clinicians, lawyers, regulators, inspectors or professional decision-makers.

3. Professional responsibility remains with the user

You are responsible for reviewing, checking, editing and approving all outputs before use. You must ensure any output is accurate, fair, complete, lawful, child-centred, professionally appropriate and compliant with your organisation’s policies and regulatory duties.

You must not rely on the service as the sole basis for:

• safeguarding decisions;
• risk assessments;
• care planning;
• incident management;
• staff disciplinary matters;
• legal decisions;
• medical or clinical decisions;
• regulatory submissions;
• emergency action.

4. Safeguarding and emergencies

ORB Residential is not an emergency service. If a child, young person, adult or any other person is at immediate risk of harm, you must follow your organisation’s safeguarding procedures, contact the appropriate emergency services, notify the relevant professionals and escalate through your local safeguarding arrangements.

The service may prompt reflection or highlight possible considerations, but it cannot determine whether a safeguarding threshold is met, whether a referral must be made or what action a professional must take.

5. Prohibited input

Unless expressly authorised under a written agreement with appropriate safeguards, you must not input:

• child names or young person names;
• dates of birth, home addresses, school names or contact details;
• social worker names, family names or staff names where identification is possible;
• NHS numbers, court references, police references, care record IDs or placement identifiers;
• photographs, videos or voice recordings identifying children or adults;
• live safeguarding information or urgent risk information;
• confidential provider records;
• special category data or criminal offence data;
• allegations about identifiable people;
• any content you do not have permission to process or share.

You must anonymise or pseudonymise information before using the service wherever possible.

6. Acceptable use

You agree not to misuse the service. You must not:

• use the service unlawfully or for harmful purposes;
• attempt to access accounts, systems or data without permission;
• upload malicious code, malware, automated scraping tools or disruptive content;
• attempt to reverse engineer, copy or exploit the service;
• use the service to create discriminatory, abusive, defamatory, misleading or harmful content;
• use the service to avoid professional responsibility or conceal poor practice;
• represent AI output as final professional judgement without review;
• use the service in a way that breaches safeguarding, confidentiality, employment, data protection or regulatory duties.

7. AI outputs

AI-generated outputs may be incomplete, inaccurate, outdated, inappropriate or unsuitable for a specific context. Outputs may not reflect your organisation’s policies, the full facts, local safeguarding thresholds, legal duties or regulatory expectations.

You must check all outputs before relying on them. You are responsible for any record, document, message, decision, action or omission that follows from your use of the service.

8. No professional advice

The service does not provide legal, regulatory, clinical, therapeutic, social work, safeguarding or Ofsted advice. It provides general support with thinking, wording, structure and reflection.

You should seek appropriate professional advice where required.

9. Accounts and security

If accounts are provided, you must keep login details secure and must not share access with others. You are responsible for activity under your account unless caused by our failure to use reasonable security measures.

We may suspend or restrict access if we believe there has been misuse, security risk, breach of these Terms or inappropriate handling of sensitive information.

10. Demo, beta and early access use

Some services may be provided as demos, pilots, beta releases or early access tools. These may be incomplete, may change without notice and may contain errors. They should not be used for live identifiable care records unless this has been agreed in writing.

11. Organisational use

If you use the service on behalf of a children’s home, provider, employer, local authority or organisation, you confirm that you have authority to do so and that your use complies with your organisation’s policies, data protection arrangements and professional responsibilities.

Organisations remain responsible for their own compliance, staff training, record keeping, quality assurance, safeguarding procedures and regulatory obligations.

12. Intellectual property

IndiCare Intelligence, ORB Residential, the product design, branding, prompts, workflows, software, documentation, visuals, templates and related materials belong to IndiCare Intelligence or its licensors. You must not copy, reproduce, resell, modify, reverse engineer or create competing products from our materials without written permission.

You retain responsibility for content you input and outputs you choose to use, subject to these Terms and any applicable agreement.

13. Availability and changes

We may update, improve, suspend, restrict or discontinue parts of the service at any time. We do not guarantee uninterrupted access, error-free operation or that the service will always meet your requirements.

14. Limitation of liability

To the maximum extent permitted by law, IndiCare Intelligence is not liable for losses arising from:

• unreviewed or incorrectly used AI outputs;
• professional decisions made by users or organisations;
• failure to follow safeguarding procedures or provider policies;
• input of identifiable or prohibited information by users;
• inaccurate, incomplete or unsuitable records created by users;
• loss of profits, business, goodwill, reputation, contracts or anticipated savings;
• indirect, consequential or special losses;
• third-party service interruptions, hosting issues or app store issues.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

15. Indemnity

Where permitted by law, you agree to indemnify and hold IndiCare Intelligence harmless from claims, losses, liabilities, damages, costs and expenses arising from your misuse of the service, breach of these Terms, unlawful input of data, breach of confidentiality, breach of safeguarding duties, or use of outputs without proper professional review.

16. Privacy

Our Privacy Policy explains how information is collected and used. You must read it alongside these Terms: https://www.indicare.co.uk/privacy

17. Termination

We may suspend or terminate access if you breach these Terms, misuse the service, create security risk, input prohibited information or use the service in a way that could harm children, users, providers, IndiCare Intelligence or the public.

18. Governing law

These Terms are governed by the laws of England and Wales, unless mandatory local law provides otherwise.

19. Changes to these Terms

We may update these Terms from time to time. The latest version will be published on this page with an updated date. Continued use of the service after changes means you accept the updated Terms.