Terms of Use

Introduction

These Terms of Use apply between you, the User of our Services, and Think Divergent Ltd, the owner and operator of those Services. Please read these terms carefully, as they affect your legal rights. By accessing or using the Services, you agree to be bound by these Terms of Use. If you do not agree, you must not use the Services.

In these terms and conditions, User or Users means any third party that accesses our Services and is not either (i) employed by Think Divergent Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Think Divergent Ltd and accessing the Services in connection with the provision of such services.

You must be at least 18 years of age to use our Services. By using our Services and agreeing to these terms, you represent and warrant that you are at least 18 years of age.


Relationship with Organisational Agreements

Where you access the Application as an authorised user of, or on behalf of, an organisation (such as a clinic, healthcare provider, or other entity) that has entered into a separate written agreement with Think Divergent Ltd (an “Organisational Agreement”):

- These Terms of Use govern your individual use of the Services;
- The Organisational Agreement governs the relationship between Think Divergent Ltd and that organisation, including data processing, liability, and commercial terms; and
- In the event of any conflict, the Organisational Agreement shall prevail to the extent of that conflict.

Nothing in these Terms of Use limits or overrides the rights or obligations of either party under the Organisational Agreement.


Definition

The following terms are used throughout this document:

Website: The ThinkDivergent marketing website at www.thinkdivergent.ai

Application: The ThinkDivergent software application made available by Think Divergent Ltd, accessible via web browser or mobile device to authorised users.

Services: The Website, the Application, and any related services provided by Think Divergent Ltd.

Content: Any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Services, including any such content uploaded by Users.

User / Users: Any third party that accesses the Services as described in the Introduction above.


Intellectual Property and Acceptable Use

All Content included in the Services, unless uploaded by Users, is the property of Think Divergent Ltd, our affiliates or other relevant third parties. By continuing to use the Services you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing in the Services shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed without the owner's prior written permission.

You may, for your own personal, non-commercial use only, do the following:
- Retrieve, display and view the Content on a device

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Think Divergent Ltd.


Clinical Use and Professional Responsibility

The Services are designed to support clinical workflows and administrative processes. They do not provide medical advice or make clinical decisions.

Any outputs generated by the Application, including summaries or draft documentation, are for informational purposes only and must be reviewed and validated by a qualified healthcare professional.

The responsibility for all clinical decisions, diagnoses, and patient care rests solely with the relevant healthcare professional or organisation.


Prohibited Use

You may not use the Services for any of the following purposes:
- In any way which causes, or may cause, damage to the Services or interferes with any other person's use or enjoyment of the Services.
- In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order.
- Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.


Audit and Compliance

We may monitor and review use of the Services to ensure compliance with these Terms, applicable laws, and our security requirements. This may include the use of automated tools and manual review for the purposes of maintaining system integrity, preventing unauthorised access, and supporting audit, investigation, and regulatory obligations.


Data Processing Responsibility

Where you use the Application to input or process personal data (including health data) relating to third parties (such as patients or service users), you are responsible for ensuring that:
- You have a valid legal basis under applicable data protection law (including UK GDPR and the Data Protection Act 2018);
- You have provided appropriate privacy information to those individuals; and
- Your use complies with applicable laws, organisational policies, and clinical governance requirements.

Think Divergent Ltd acts as a data processor in relation to such data and processes it only on the documented instructions of the relevant data controller (you or your organisation). The data controller retains full responsibility for the lawfulness of processing.


Your Data Rights as a Patient or Individual

If you are accessing the Services as a patient, or as the parent or guardian of a patient, or in any other capacity as an individual whose personal data is being processed through the Services, your personal data is controlled by the clinic or healthcare provider that arranged your access - not by Think Divergent Ltd. To exercise your data rights (access, correction, deletion, or restriction), contact your clinic or healthcare provider directly. For full details of how your data is handled, please see our Privacy Notice.


Registration

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You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms. If you do so, you must immediately stop using the Services. Cancellation or suspension of your registration does not affect any statutory rights.

Password and Security

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You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must not share your credentials with any other person.
- You must take reasonable steps to ensure that any device used to access the Services is secure.
- If you become aware of any unauthorised access or security breach, you must notify us immediately.
- We reserve the right to suspend or restrict access where we reasonably believe there has been a security breach or misuse.

Links to Other Websites

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The Services may contain links to other sites. Unless expressly stated, these sites are not under the control of Think Divergent Ltd or that of our affiliates.
- We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site within our Services does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Notice

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Use of the Services is also governed by our Privacy Notice, which are incorporated into these terms by this reference.

Availability of the Website and Disclaimers

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Any facilities, tools, services or information that Think Divergent Ltd makes available through the Services is provided "as is" and on an "as available" basis. While we take reasonable care to ensure that the Services are reliable, secure, and fit for purpose, we do not guarantee that they will be uninterrupted or free from errors. We give no warranty that the Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Think Divergent Ltd is under no obligation to update information within the Services.
- Whilst Think Divergent Ltd uses reasonable endeavours to ensure that the Services are secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Think Divergent Ltd accepts no liability for any disruption or non-availability of the Services.
- Think Divergent Ltd reserves the right to alter, suspend or discontinue any part (or the whole) of the Services including, but not limited to, any products and/or services available. These terms shall continue to apply to any modified version of the Services unless it is expressly stated otherwise.

Limitation of Liability

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Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- Nothing in these Terms limits the responsibility of healthcare professionals or organisations to exercise appropriate clinical judgement when using the Services.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

If you are a business user:
To the maximum extent permitted by law, Think Divergent Ltd accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.

If you are a consumer:
We provide our Services for personal and professional use. If you are accessing our Services as a consumer - for example as a patient or as someone completing a questionnaire on a patient's behalf - please note that we do not exclude or limit our liability where it would be unlawful to do so. However, we are not liable to you for any business losses. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. Nothing in these terms affects your statutory rights as a consumer.


General

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You may not transfer any of your rights under these terms to any other person. We may transfer our rights under these terms where we reasonably believe your rights will not be affected.
- These terms may be varied by us from time to time. Such revised terms will apply to the Services from the date of publication. Users should check the terms regularly to ensure familiarity with the then current version.
- These terms, together with the Privacy Notice and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and no third party will have any right to enforce or rely on any provision of these terms.
- If any court or competent authority finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Think Divergent Ltd Details

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Think Divergent Ltd is a company incorporated in England and Wales with registered number 15477852 whose registered address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and it  operates the Website www.thinkdivergent.co.uk.
- You can contact Think Div


Last updated: May 2026

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