1. Parties and scope
These Terms of Service (the Terms) govern access to and use of the Eselram hosted business booking and client-management service supplied by Marlese Rosch Haden trading as ESELRAM.COM (Eselram, we, us), for business customers in the United Kingdom.
Contact: eselram.support@gmail.com. Business correspondence address: 2 Hagbourne Close, Woodcote, RG8 0RZ, United Kingdom. ESELRAM.COM is a trading name, not a separately incorporated company.
2. Contract formation
The agreement is formed when the business customer accepts these Terms during hosted signup, accepts an applicable order, or begins using an account subject to these Terms. The order or plan details, these Terms, the Data Processing Agreement where applicable, and any expressly agreed founding-beta terms form the agreement. Any separately agreed founding-beta offer takes priority for its expressly specified price and duration. Eselram records the versions of the Terms and DPA accepted during supported hosted account activation and the time of acceptance. The business must ensure that the person accepting is authorised to bind it.
3. Right to access and use the service
While the customer's hosted account is active under the applicable plan, Eselram grants a limited, non-exclusive, non-transferable right to access and use the hosted service for the customer's own business. No software ownership or intellectual-property rights are transferred. A plan covers the business, users and features specified at signup or in the order. The customer is responsible for authorised users and their access permissions.
4. Customer data and infrastructure
The customer retains its rights in information entered into Eselram, including bookings, client profiles, consultation forms and treatment records. The current hosted service is operated on infrastructure administered by Eselram, including Cloudflare Workers, D1 databases and R2 storage where used. Eselram manages hosted tenant routing and infrastructure; the customer controls its business records and authorised users through the service. Eselram may provide optional integrations with services operated by third parties under separate terms. No customer is granted ownership of Eselram's infrastructure or the right to access another tenant's records.
5. Customer responsibilities
The customer must keep account credentials and devices secure, assign appropriate staff permissions, and configure services, prices, availability, forms and messages accurately. The customer is responsible for its own professional qualifications, insurance, treatment suitability, lawful bases and special-category processing conditions, privacy notices, retention decisions and responses to client rights requests. Eselram is responsible for the security measures it undertakes to provide for the hosted infrastructure, as described in the DPA; the customer remains responsible for any external accounts or integrations it independently controls.
6. Clinical and treatment use
Eselram is administrative and workflow software. It does not provide medical, clinical, legal, tax, insurance or regulatory advice and does not replace professional judgement, training, supervision or insurer requirements. Clinical templates, Fitzpatrick assessment tools and treatment workflows are configurable record-keeping aids. The customer is responsible for deciding whether a template, assessment, consent process or record is appropriate and sufficient for its treatment, qualification, insurer and regulatory obligations.
7. Third-party services
Eselram can connect to third-party services such as Cloudflare, Stripe, Google/Gmail and supported email services. Third-party availability, pricing, onboarding, account decisions and terms are outside Eselram's control. The customer is responsible for charges and compliance associated with third-party accounts it chooses or controls unless an order expressly states otherwise.
8. Fees, billing and taxes
Paid plan prices, billing frequency, taxes, payment method and renewal terms will be displayed and agreed at purchase. Paid subscriptions renew at the disclosed interval unless cancelled. Eselram may retry failed charges and, after appropriate notice and any stated grace period, restrict paid functionality in accordance with the agreement.
Founding beta: customers expressly accepted into the free-indefinitely founding-beta programme will not be charged a subscription fee for the included founding-beta plan while that plan continues to be offered to them. The scope of included features and any separately priced optional services must be communicated and agreed in writing; no charge will be imposed without the customer's affirmative agreement. Free access does not mean guaranteed perpetual service availability. Any discontinuation or material reduction is subject to the notice and data-export provisions of these Terms and applicable law.
9. Cancellation and refunds
Customers may cancel a paid subscription in accordance with the disclosed cancellation process. Unless the order states otherwise, cancellation takes effect at the end of the current paid period and does not automatically entitle the customer to a refund for an unused portion, except where law requires otherwise. Founding-beta customers may request closure of their free account at any time, subject to reasonable identity verification and the data-export and deletion process.
10. Data export and closure
Before requesting closure, the customer should contact Eselram to arrange the return of customer-controlled data in an available, mutually agreed format. Eselram will provide reasonable assistance with return or deletion in accordance with the DPA and applicable law. The method and timetable will be confirmed in writing for the particular request; no fixed self-service export, 30-day recovery period or backup restoration service is promised. Data that must be retained by law may be retained for the required period, with access restricted as appropriate.
11. Updates and service changes
Active subscriptions are eligible for supported updates to the subscribed service. Eselram may make reasonable changes for security, compatibility, legal compliance, reliability and continued operation. Where reasonably practicable, Eselram will communicate a material change that significantly reduces core paid functionality before it takes effect.
12. Acceptable use
Customers must not resell unauthorised access, bypass authentication or tenant boundaries, share credentials inappropriately, probe other customers' environments, introduce malicious code, abuse messaging or payment integrations, or use Eselram unlawfully. Customers must not access or attempt to access records belonging to another business.
13. Confidentiality
Each party must take reasonable care to protect confidential information received from the other, use it only for the relationship and disclose it only to people who need it and are bound by appropriate confidentiality obligations, except where disclosure is required by law or the information is already lawfully public.
14. Data protection
Each party must comply with applicable UK data-protection law. Where Eselram processes personal data on the customer's behalf, the Eselram Data Processing Agreement forms part of the agreement.
15. Availability, support and beta services
Eselram will use reasonable care and skill in providing the hosted service, but does not promise uninterrupted or error-free availability. Eselram will provide support through its published contact channel and communicate material incidents where appropriate. Beta functionality may change and may have additional limitations; Eselram should not be relied on as the only copy of legally required records until backup and restore procedures have been independently verified. Free founding-beta status does not remove Eselram's applicable data-protection obligations.
16. Intellectual property
Eselram and its original software, designs, branding, documentation and related materials remain protected by intellectual-property law. No intellectual-property rights are transferred to the customer except the limited right to access and use the hosted service under these Terms.
17. Suspension and termination
Eselram may restrict access where reasonably necessary to address a material security threat, unlawful use, a serious contractual breach or unpaid charges on a paid plan. Where practicable, Eselram will notify the customer and allow a reasonable opportunity to remedy the issue. On termination, the hosted data-export and deletion process applies. Eselram will not use a customer's free founding-beta status alone as grounds for unannounced deletion of its client records.
18. Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud or fraudulent misrepresentation, or death or personal injury caused by negligence.
Subject to the previous paragraph, neither party is liable to the other for loss of profit, revenue, business, anticipated savings, goodwill or opportunity, or for indirect or consequential loss, arising from the agreement.
Neither party limits its liability to the other under these Terms by reference solely to the amount of subscription fees paid. Any specific limitation of liability must be expressly agreed in writing and is subject to applicable law. Nothing in this section removes statutory rights or obligations that cannot lawfully be excluded or limited.
Eselram is not responsible for loss caused by customer misuse, inaccurate configuration, unauthorised changes, failure to secure credentials or customer-managed external integrations, or failure or acts of a third-party service outside Eselram's reasonable control. Nothing in this section limits obligations that cannot lawfully be limited under applicable data-protection law.
19. Events outside reasonable control
Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the effect of the event. This does not excuse payment obligations for services already supplied.
20. Notices
Routine service notices may be sent electronically to the contact details associated with the account. Formal contractual notices should be sent to eselram.support@gmail.com and any additional service address notified by Eselram, or to the customer's registered account contact. A notice is treated as received when delivery can reasonably be evidenced.
21. General
The customer may not assign or transfer the agreement without Eselram's written consent, not to be unreasonably withheld where the customer's business is transferred as a going concern. Eselram may assign the agreement as part of a transfer of the Eselram business or substantially all relevant assets, provided this does not materially reduce the customer's contractual rights.
If a provision is unenforceable, the remaining provisions continue in effect. A delay in enforcing a right is not a waiver. Nothing creates a partnership, joint venture, agency or employment relationship. A person who is not a party to the agreement has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
22. Governing law and jurisdiction
These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to any mandatory rule that applies.
23. Changes and contact
Eselram may update these Terms for future purchases. For an existing subscription, Eselram may make reasonable changes required for law, security, third-party dependencies or service operation. Material changes affecting an existing subscription will be communicated where reasonably practicable.
Supplier: Marlese Rosch Haden trading as ESELRAM.COM
Email: eselram.support@gmail.com