Terms of service: ORCHA Global Baseline Review (OBR) Assessment Request

Last updated: October 2025

These Terms of Use (“Terms”) govern your use of the ORCHA Compare platform (the “Platform”), operated by ORCHA Health Limited (“ORCHA”, “we”, “our”, “us”). By accessing or using Compare, you agree to these Terms.

These Terms (“Terms”) apply when a commissioning organisation, institution, or other independent body (“you”, “your”) requests ORCHA Health Limited (“ORCHA”, “we”, “our”, “us”) to undertake an assessment of a digital health product under the ORCHA Baseline Review (OBR). By submitting a request or commissioning an OBR assessment, you agree to these Terms.

1. Interpretation

1.1 Capitalised terms have the meanings given in the ORCHA Standard Definitions Schedule (as updated from time to time and available at https://orchahealth.com/legal/definitions).
1.2 These Terms govern the process by which ORCHA carries out an OBR assessment and provides an OBR Compliance Report for your requested product.

2. Nature and Purpose of the OBR Assessment

2.1 ORCHA will undertake an independent OBR assessment of the identified product using the ORCHA Baseline Review (OBR) Framework.
2.2 The assessment will result in an OBR Compliance Report summarising the findings of that assessment.
2.3 The OBR Compliance Report provides transparency and factual information only and does not constitute medical, clinical, legal, or regulatory advice.

3. OBR Methodology, Evidence, and Meaning of the Report

3.1 Each OBR assessment is conducted using the ORCHA Baseline Review (OBR) Framework.
3.2 Assessments are based on:
- publicly available information available at the time of review; and
- any documentation provided directly by the product’s Developer or Supplier.
3.3 ORCHA distinguishes between:
- ORCHA Validated Evidence – information independently verified by ORCHA; and
- Developer Trusted Evidence – information supplied by the Developer or Supplier that could not be independently verified but was accepted in good faith.
3.4 The resulting OBR Compliance Report presents factual outcomes from the assessment. It does not constitute a certification, endorsement, or guarantee that the product meets regulatory, clinical, or safety requirements.
3.5 Each OBR Compliance Report represents a point-in-time evaluation. Information may change after the Assessment Date.
3.6 Where the report shows “No”, “Impaired”, or “Area for Improvement”, this indicates only that no supporting evidence was found within the sources reviewed. It does not mean that the evidence does not exist or that the product fails to meet the criteria.
3.7 The OBR Compliance Report is provided for information purposes only and is intended to support — not replace — your own technical, clinical, or regulatory due diligence.

4. Dependencies and Reasonable Endeavours

4.1 ORCHA will use reasonable endeavours to complete the OBR assessment in a timely manner.
4.2 Completion depends on ORCHA being able to obtain access or information from the product’s Developer or Supplier.
4.3 ORCHA will make reasonable attempts to contact and engage the Supplier for the purpose of conducting the OBR assessment.
4.4 If ORCHA cannot obtain sufficient access or information after reasonable attempts, ORCHA will notify you and cancel the assessment.
4.5 In such cases, any fee paid will be refunded in full.

5. Fees and Payment

5.1 The OBR assessment fee will be confirmed at the time of request.
5.2 Payment is due in full at the point of order unless otherwise agreed in writing.
5.3 If the OBR assessment cannot proceed due to lack of Supplier access or information, ORCHA will provide a full refund in accordance with Clause 4.5.

6. Communication and Progress

6.1 ORCHA will keep you informed of progress, including:
- confirmation of when contact with the Supplier has been initiated;
- any material delays or dependencies; and
- completion or cancellation of the assessment.
6.2 You will receive confirmation of the OBR assessment outcome and delivery of the resulting OBR Compliance Report when available.

7. Refunds and Cancellations

7.1 You may cancel the OBR assessment request before ORCHA commences the assessment and receive a full refund.
7.2 Once ORCHA has commenced work on the assessment, cancellations will be managed at ORCHA’s discretion, taking into account any work already completed.
7.3 If ORCHA cannot complete the OBR assessment because access or cooperation from the Supplier cannot be obtained (as per Clause 4.4), a full refund will be provided.

8. Liability

8.1 ORCHA shall not be liable for delays or inability to complete an OBR assessment where such delays are caused by lack of cooperation or access from the Supplier.
8.2 To the fullest extent permitted by law, ORCHA’s total aggregate liability in connection with any requested OBR assessment shall be limited to the fee paid for that assessment.
8.3 ORCHA shall not be liable for any indirect, consequential, or reputational losses arising from or in connection with the OBR assessment or OBR Compliance Report.

9. Data Protection

ORCHA processes personal data provided in connection with an OBR assessment request solely to manage, perform, and communicate regarding the assessment and to deliver the resulting Compliance Report. No personal data will be shared beyond this purpose unless required by law.

9.1 ORCHA will process any personal data provided in connection with the OBR assessment in accordance with its Privacy Policy (https://orchahealth.com/privacy-policy).
9.2 ORCHA may share limited information with the Supplier solely for the purpose of conducting the assessment (for example, to obtain access or documentation).

10. Governing Law

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.