LogEM terms of service
These terms are a legal agreement between you and Dr Thomas Porter (a sole trader; "we", "us", "our"), the provider of LogEM ("LogEM" or the "Service"). Please read them, and in particular clauses 8, 11 and 12, which limit our liability and set out responsibilities that fall on you.
1. About us
LogEM is operated by Dr Thomas Porter, a sole trader registered with the UK Information Commissioner's Office under reference ZC140250. You can contact us at support@logem.co.uk. For questions about your personal data, contact privacy@logem.co.uk. How we handle your personal data is set out in our Privacy Policy, which forms part of these terms.
2. Definitions and your status
Consumer means an individual using the Service wholly or mainly outside their trade, business, craft, or profession. Business user means any other user. LogEM is intended for use by clinicians and trainees in connection with their profession; if you use it in that way, you are a business user, and the consumer-only rights in clauses 8 and 14 do not apply to you. Where a clause is stated to apply only to consumers, it does not apply to business users.
3. Accepting these terms
You agree to these terms when you tick the box confirming acceptance during sign-up; we do not create your account until you do. By continuing to use LogEM you confirm you continue to accept them.
4. Your licence to use LogEM
We grant you a personal, non-exclusive, non-transferable, revocable licence to download and use LogEM on devices you own or control, for your own professional logbook use, in line with these terms. We reserve all rights not expressly granted.
5. What LogEM is, and is not
LogEM helps you record the procedures and point-of-care ultrasound scans you perform, organise and count them by curriculum category, and produce export documents that you then check and enter into your official systems yourself. Your logbook is stored on your own device.
LogEM does not assess, certify, or confirm your competence, readiness, or sign-off; it only records, groups, and counts what you choose to enter. The Service is not:
- a medical device under the UK Medical Devices Regulations 2002 (as amended) or any equivalent regulation; it has no intended medical purpose;
- a clinical decision-support tool, or a source of medical advice, diagnosis, or treatment;
- a substitute for your own clinical judgement or for supervision by a qualified colleague;
- your official training record or portfolio, nor an officially verified, validated, or authoritative record of clinical events for any external or regulatory purpose;
- a backup service: your logbook is held only on your device, and keeping it backed up is your responsibility (see clause 9 and our Privacy Policy);
- affiliated with, endorsed by, or part of the Royal College of Emergency Medicine, the General Medical Council, the NHS, any deanery, or any ePortfolio provider.
6. Who can use the Service
You may use LogEM only if you are 18 or older, are a qualified clinician or a clinician in training with a legitimate professional reason to keep a procedures logbook, and are acting in compliance with your regulator (for example the GMC), your employer, and your training body.
7. Your account
You need an account to use the Service. You sign in with Apple or Google; we do not use passwords, and we never see one. You are responsible for keeping the Apple or Google account you sign in with secure, and for activity under your account. Tell us promptly at support@logem.co.uk if you believe your access has been compromised.
8. Acceptable use
You agree not to:
- enter any patient-identifiable information into the Service (names, dates of birth, NHS or hospital numbers, addresses, faces, scanner banners, or any combination of details that could identify a patient); this applies in particular to the free-text notes, supervisor, and findings fields, and to any image you attach;
- enter a colleague's personal details beyond what you genuinely need;
- use the Service in any way that breaches your confidentiality duties under the UK GDPR, the Data Protection Act 2018, GMC guidance, NHS information-governance rules, or the Caldicott Principles;
- record procedures or scans you did not personally perform, or otherwise falsify your logbook;
- break the law, infringe anyone's rights, or upload malicious or harmful content;
- reverse-engineer, decompile, scrape, overload, or circumvent the security of the Service;
- resell, sublicense, or commercially exploit the Service without our written consent.
We may suspend or remove access if you breach this clause.
9. Your content and who owns it
Your logbook is yours; we make no claim to own the records you create, and we do not host, store, or have access to them. Your logbook is held only on your device. We therefore do not need, and you do not grant us, any licence to store or back up your content; we only display it to you within the app on your device. Because your records live on your device, you are responsible for keeping them safe: keep your device's backup switched on, and export your logbook regularly (PDF, CSV, or JSON) and keep your own copies. We are not responsible for data held only on your device that is lost when the app is removed, when your device is lost or reset, or when a device backup is unavailable.
10. Your responsibility for your records
You are solely responsible for the accuracy and honesty of anything you record in the Service and of anything you transfer from it into your official training record, portfolio, or any other professional system. In particular, your logbook must accurately represent procedures and scans you genuinely performed; you must not enter patient-identifiable information at any time; you must comply with the standards of the GMC, your Royal College, your deanery, your employer, and any other relevant body; and you must satisfy yourself that any document you generate is correct before relying on or submitting it.
You acknowledge that submitting inaccurate information to a professional training record may amount to professional misconduct, that we cannot verify what you record, and that we accept no responsibility for any professional, regulatory, disciplinary, legal, educational, or career consequences arising from your use of the Service or from records you keep or submit.
11. Free service, and future paid features
LogEM is currently provided free of charge. We may introduce optional paid ("Pro") features in future. If we do:
- prices and billing frequency will be shown clearly before you subscribe, and you will be asked to confirm;
- purchases are made through, and refunds and cancellations are handled by, the Apple App Store or Google Play as the seller of those purchases, under that store's terms; we do not receive or store your card details;
- subscriptions renew automatically unless cancelled, and you can manage or cancel them in your App Store or Google Play account;
- If you are a consumer and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you normally have 14 days to cancel a new purchase. Because Pro features are digital content supplied immediately, when you buy you will be asked to consent to immediate supply and to acknowledge that you lose the 14-day cancellation right once supply begins; if you give that consent, the right ends. None of this affects any statutory right that cannot be excluded.
The free features described in this version of these terms will not be removed and placed behind payment without reasonable notice to you.
12. Disclaimers and limitation of liability
The Service is provided "as is" and "as available". We make no warranty that it will meet your requirements, be uninterrupted, or be error-free.
We do not exclude or limit anything that cannot lawfully be excluded or limited. In particular, nothing in these terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) where you are a consumer, your statutory rights in respect of any paid digital content or services under the Consumer Rights Act 2015 (including that paid content be of satisfactory quality, fit for a purpose you have made known, and as described, and that services be carried out with reasonable care and skill).
Subject to the paragraph above:
- If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill, but not for anything that is not foreseeable. We are not responsible for any clinical or professional decision you make, or for data held only on your device that is lost when the app is removed or when a device backup is unavailable.
- If you are a business user, we are not liable for loss of profit, business, goodwill, or anticipated savings, or for any indirect or consequential loss; we are not responsible for any clinical or professional decision you make, or for the accuracy of your records, or for loss of data held only on your device; and our total aggregate liability arising out of or in connection with the Service (in contract, tort including negligence, or otherwise) is limited to the greater of (i) the total fees you paid us in the 12 months before the event giving rise to the claim, or (ii) £100.
13. Indemnity
If you are a business user, you agree to indemnify us against reasonable third-party claims, and our reasonable losses and costs (including legal costs), arising from (a) your entry of patient-identifiable information into the Service, or (b) your submission of inaccurate records to any professional system, except to the extent caused by our own breach or negligence. We will notify you of any such claim, will not settle it without consulting you, and will take reasonable steps to mitigate. If you are a consumer, you are responsible for losses we suffer caused by your breach of these terms only to the extent they were a foreseeable result of the breach, and nothing in this clause requires you to pay more than the law allows.
14. Availability, changes, and discontinuation
We aim to keep the Service available but do not guarantee it will be uninterrupted or error-free; it relies on third-party infrastructure that may occasionally be unavailable, and we are not liable for failures or delays caused by events outside our reasonable control. Sign-in relies on Apple, Google, and our authentication provider; if sign-in is temporarily unavailable, that does not affect the logbook already on your device. LogEM is actively developed, and we may add, change, or remove features. We will give at least 14 days' notice in the app or by email of any change that materially and adversely affects features you rely on. If we discontinue the Service we will give you at least 30 days' notice; your logbook is on your device and you can export it at any time.
15. Changes to these terms
We may change these terms (a) to reflect changes in the Service or its features, (b) to comply with law or regulation, or (c) for other valid operational reasons. For a change that materially and adversely affects you, we will give at least 14 days' notice in the app or by email. If you tell us before it takes effect that you do not accept a material change, we will not treat your continued use as acceptance; you may stop using the Service and, if you have a paid subscription, cancel it through the App Store or Google Play.
16. App store terms
If you download LogEM from the Apple App Store, the Apple Licensed Application End User Licence Agreement also applies and prevails over these terms to the extent of any conflict. You acknowledge that these terms are between you and us, not Apple; that Apple has no obligation to provide support or maintenance for, or any warranty in respect of, the Service; and that Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. If you download LogEM from Google Play, Google's terms apply in the same way. You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government restricted-parties list.
17. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or end your access if you breach these terms, if required by law, or if we discontinue the Service. On termination, the licence in clause 4 ends and we delete the account record we hold in line with our Privacy Policy; your logbook remains on your device for you to keep or remove. Clauses 9, 10, 12, 13, 18, and 19, and any other clause that by its nature is intended to survive, continue to apply after termination.
18. General
These terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier statements, except that nothing limits liability for fraudulent misrepresentation. If any provision is found unenforceable, the rest remain in force and that provision applies to the maximum extent permitted. If we do not enforce a right, that is not a waiver of it. You may not transfer your rights or obligations under these terms without our consent; we may transfer ours, including to a successor of the LogEM business, provided your rights are not adversely affected, and we will tell you if we do.
19. Governing law and disputes
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer nothing in this clause affects your right to bring proceedings in the courts of the part of the UK where you live. If you have a complaint, email support@logem.co.uk and we will try to resolve it; we are not currently obliged to use, and do not use, an alternative dispute resolution provider.
20. Contact
Dr Thomas Porter. Email: support@logem.co.uk.