Terms & Conditions
(T&C)

Last updated: 21st March 2025

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These T&C govern your use of the SuperPenguin mobile application (“SuperPenguin”) and any related web dashboards, digital platforms, or services (collectively, the “Service”). By downloading, registering for, or using the Service, you agree to be bound by these T&C.

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If you do not agree to these T&C, you must not use the Service.

1.1 Scope of these Terms

These T&C apply to all users of the Service, whether they:

• Accessed through the NHS: If an NHS organisation (“NHS Organisation”) has referred you to SuperPenguin (for example, through a QR code or formal instruction from your Speech and Language Therapy service).
• Accessed via any other organisation: This includes but is not limited to local authorities, private clinics, charities, or any entity that is not an NHS Organisation.

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1.2 Relationship to other Documents

• If you are referred by the NHS, the relevant NHS Contract between BeneTalk Ltd. (“we,” “us,” “our”) and that NHS Organisation may also govern the use of SuperPenguin for NHS users.
• If you are referred by any other organisation, these T&C continue to apply but the relationship is not governed by the NHS Contract.

2.1 Our Details

“BeneTalk Ltd.” is a company registered in England and Wales under company number 09914647, with its registered office at Flat 7 Foxgrove House, Foxgrove Road, Beckenham, Kent, England, BR3 5AR.

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2.2 Data Controller vs Data Processor

• NHS users: If you have been referred by an NHS Organisation with whom we have a direct contract, that NHS Organisation is the Data Controller for your personal data, and BeneTalk Ltd. acts as the Data Processor.
• Non-NHS users: If you have been referred by any other organisation (or have come independently), BeneTalk Ltd. acts as the Data Controller for your personal data.

(For details on how we handle data, see our Privacy Notice.)

3.1 Eligibility

You must be at least 16 years old to use the Service as per United Kingdom (“UK”)  and EU European Union (“EU”) General Data Protection Regulation (“GDPR”) and Data Protection Act 2018 (“DPA”), or otherwise ensure you have a parent or guardian’s consent as required by applicable law in your country. By using the Service, you warrant and represent that you meet the eligibility criteria.

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3.2 Account creation

When creating an account, you agree to:

• Provide accurate, up-to-date information
• Keep your login credentials confidential
• Notify us of any unauthorised use of your account

4.1 Limited Licence

We grant you a limited, non-exclusive, non-transferable right to use the Service for your personal purposes or, if relevant, for your internal healthcare support needs. You must not resell or sub-license the Service.

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4.2 Permitted Use

• You must only use the Service for lawful, authorised, and legitimate purposes relating to speech, language, and communication support.
• You must not attempt to reverse engineer, modify, or copy any part of the Service.

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4.3 NHS vs Other organisations

• NHS users: Your access and usage may be subject to rules set by your NHS Organisation. Where there is a conflict between these T&C and any formal instructions from your NHS Organisation, you should follow the NHS Organisation’s instructions.
• Non-NHS users: Your usage rights are set out solely in these T&C and any separate contract you may have with your referring organisation (if applicable).

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4.4 Additional Terms for Apple Device Users

If you download or use SuperPenguin on an Apple device, your use of the app is further governed by Apple’s standard end-user licence agreement. In particular, Apple does not provide any maintenance or support services for SuperPenguin. These T&C do not override any rights or obligations set out in Apple’s EULA, which applies in addition to these T&C.

5.1 Not a Substitute for Professional Advice

The Service is a supportive tool. It does not replace professional medical or speech and language therapy advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional regarding any medical questions or concerns.

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5.2 Liability for Outcomes

We make no warranty as to any specific health outcome. If you are an NHS User, additional disclaimers in the NHS Contract or national guidelines may also apply.

6.1 Submissions

If you submit feedback, suggestions, or other content (“Submissions”), you grant us a royalty-free, worldwide, non-exclusive licence to use and incorporate your Submissions in improving the Service.

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6.2 Prohibited Content

You must not submit unlawful or infringing content, or otherwise violate the rights of others.

7.1 Privacy Notice

Your use of the Service is subject to our Privacy Notice, which explains how we process personal data. The Privacy Notice is updated from time to time.

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7.2 Different Roles

• NHS users: Your personal data is primarily handled in accordance with the NHS Contract, where the NHS Organisation is the Data Controller and we act as the Data Processor.
• Non-NHS users: We are the Data Controller. Please review our Privacy Notice for specific information on how we collect, use, and share your data.

8.1 Modifications to the Service

We may update or discontinue certain features. For NHS Users, any Material Change that affects clinical usage will be communicated via the NHS Organisation.

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8.2 Amending these T&C

We reserve the right to modify these T&C. If we make significant changes, we will notify you through appropriate channels (e.g., in-app messages). Your continued use of the Service after such notification will constitute your acceptance of the updated terms.

9.1 Suspension

We may suspend or terminate your account if:

• You breach these T&C
• You misuse the Service
• Required by law or by instruction from your NHS Organisation

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9.2 Termination by you

You may discontinue using the Service at any time. If you wish to delete your personal data, please refer to our Privacy Notice for instructions.

10.1 Exclusions and Limitations

• We do not exclude or limit liability where it is unlawful to do so (e.g., death or personal injury caused by negligence).
• Subject to the above, our liability is limited to the fullest extent permitted by law.

10.2 NHS Users

Where you are using the Service under an NHS Contract, specific liability provisions agreed with that NHS Organisation may also apply.

11.1 Governing Law

These T&C are governed by English law.

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11.2 Jurisdiction

Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, unless otherwise required by applicable NHS frameworks or other legal obligations.

If you have questions or concerns about these T&C, please contact us at:

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BeneTalk Ltd

Email: speak@superpenguin.com

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Registered office: Flat 7 Foxgrove House, Foxgrove Road, Beckenham, Kent, England, BR3 5AR

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By clicking “Accept” or otherwise indicating your agreement, you acknowledge that you have read, understood, and agree to these T&C.