CareCommand Terms of Service
Version 2
1. The Agreement
These Terms of Service (the "Terms") are a contract between Intervene Technologies LLC, a Florida limited liability company doing business as CareCommand ("CareCommand," "we"), and the organization on whose behalf an account is created ("Customer," "you"). The individual accepting these Terms represents that they have authority to bind the Customer. The Terms incorporate the CareCommand Privacy Policy and, where Customer stores protected health information in the service, the Business Associate Agreement ("BAA") executed in-app; the BAA controls over these Terms as to protected health information.
2. The Service; Accounts
CareCommand provides a web-based operations platform for residential care providers (medication administration records, compliance tracking, staffing, documentation, resident funds, and related features). Customer is responsible for its users' access credentials, for assigning appropriate roles, and for the accuracy of information its users enter. Customer shall ensure each user keeps credentials confidential and shall promptly remove users who leave its organization.
3. Trial; Fees; Payment; Suspension
New accounts may include a free trial (currently thirty (30) days; no payment method required to start). After the trial, continued use requires a paid subscription at the published or quoted pricing, billed in advance via our payment processor. Fees are exclusive of taxes, which Customer is responsible for (excluding taxes on our income). If payment fails or is past due, we provide notice and a grace period, after which access may be suspended until payment is made; suspension does not erase Customer data. Fees are non-refundable except as required by law or expressly stated in an order.
4. Customer Data; License; Ownership
As between the parties, Customer owns all data its users submit to the service ("Customer Data"), including resident records. Customer grants CareCommand a license to host, process, transmit, and display Customer Data solely to provide and support the service, to comply with law, and as described in the Privacy Policy and BAA. We do not sell Customer Data. De-identified, aggregated usage information that cannot reasonably identify Customer, its staff, or residents may be used to operate and improve the service. Our current subprocessors are listed on our published security page; we will update that page — and, for subprocessors that handle PHI, provide notice — before adding new ones.
5. Protected Health Information
Where Customer is a covered entity or otherwise subject to HIPAA and stores protected health information ("PHI") in the service, the parties' obligations regarding PHI are governed by the BAA. Customer shall not permit PHI to be entered into free-text fields designated for non-clinical use where the interface says not to, and shall use role-based access as designed.
6. Acceptable Use
Customer shall not: use the service to violate law (including healthcare, privacy, telemarketing, and employment law); attempt to access another customer's data; probe, disable, or circumvent security or access controls; reverse-engineer the service; resell or provide service-bureau access to third parties; upload malicious code; or use the service to develop a competing product. We may suspend access immediately for conduct that threatens the security or integrity of the service or other customers, with notice as soon as practicable.
6A. Copyright; DMCA
Customer is responsible for having the rights to content its users upload. We respond to copyright-infringement notices under the Digital Millennium Copyright Act: notices identifying the copyrighted work, the allegedly infringing material and its location, the complainant's contact information, the required good-faith and accuracy statements, and a signature may be sent to our copyright contact at support@carecommand.online. We may remove or disable access to material that is the subject of a valid notice, will forward counter-notices as the DMCA provides, and will terminate the accounts of repeat infringers in appropriate circumstances.
7. AI-Assisted Features
Certain features use artificial intelligence to draft, summarize, extract, or suggest content (for example document scanning, care-plan drafts, compliance suggestions, and report drafting). AI outputs are assistive drafts, may contain errors, and are not medical, legal, or compliance advice. A qualified human must review AI-assisted output before relying on it for clinical care, regulatory filings, or staffing decisions. Customer remains solely responsible for its regulatory compliance and care decisions; a compliance score or checklist in the service is an internal readiness tool, not a guarantee of survey outcomes.
7A. NOT AN EMERGENCY SERVICE
CARECOMMAND IS NOT AN EMERGENCY RESPONSE, MEDICAL MONITORING, OR MEDICAL ALERT SERVICE AND DOES NOT REPLACE 911, CLINICAL SUPERVISION, OR CUSTOMER'S OWN EMERGENCY PROCEDURES. ALERTS, REMINDERS, ESCALATIONS, AND NOTIFICATIONS ARE SUPPLEMENTARY ADMINISTRATIVE TOOLS THAT DEPEND ON THIRD-PARTY NETWORKS (SMS CARRIERS, EMAIL PROVIDERS, INTERNET CONNECTIVITY) AND MAY BE DELAYED, UNDELIVERED, OR FAIL. CUSTOMER SHALL NOT RELY ON THE SERVICE AS THE PRIMARY OR SOLE MEANS OF DETECTING OR RESPONDING TO ANY MEDICAL OR SAFETY EMERGENCY. IF ANYONE IS OR MAY BE EXPERIENCING AN EMERGENCY, CALL 911 (OR THE LOCAL EMERGENCY NUMBER) IMMEDIATELY.
7B. Beta Services
Features labeled Beta, Preview, Early Access, or similar ("Beta Services") are provided AS-IS, are excluded from every warranty and any support expectation in these Terms, may contain errors, may be modified, suspended, or discontinued at any time without notice, and carry no availability expectation. Beta outputs must not be relied on for regulatory, clinical, or staffing decisions. Customer's use of Beta Services is at its own risk, and feedback about them may be used by us without restriction.
8. Term; Termination; Data Return and Deletion
These Terms apply from account creation until the account is terminated. Customer may cancel at any time in-app (Settings → account deletion) or by written notice. On cancellation, the account enters a thirty (30) day grace period during which Customer may export its data (a full data export is available in-app) and may reverse the cancellation; after the grace period, Customer Data is permanently deleted from production systems in accordance with the BAA's return-or-destroy obligations and our published retention practices. We may terminate for material breach uncured within fifteen (15) days of notice, or immediately for a breach of Sections 5 or 6. We will not terminate for convenience without at least sixty (60) days' notice.
9. Confidentiality
Each party shall protect the other's non-public information with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors bound by comparable obligations, or as required by law with prompt notice where lawful.
10. Warranties; Disclaimers
We warrant that we provide the service with commercially reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE"; WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. The service is a record-keeping and operations tool: it does not provide medical care and is not a substitute for professional judgment or for Customer's own regulatory compliance. NOTHING IN THE SERVICE — INCLUDING COMPLIANCE GRADES, CHECKLISTS, COVERAGE RULES, AND AI-GENERATED CONTENT — IS MEDICAL, LEGAL, OR REGULATORY ADVICE; readiness indicators are internal tools based on publicly available regulations that change without notice, and Customer remains solely responsible for compliance with its regulators and for all care decisions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES; AND EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS CAPPED AT THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, A PARTY'S BREACH OF SECTION 9, CUSTOMER'S BREACH OF SECTION 6, OR EITHER PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. Nothing limits obligations under the BAA to the extent HIPAA does not permit their limitation.
12. Indemnification
Customer shall defend and indemnify CareCommand against third-party claims arising from Customer Data, Customer's care operations, or Customer's violation of law or Section 6. CareCommand shall defend and indemnify Customer against third-party claims that the service, as provided by us and used as permitted, infringes a U.S. intellectual-property right; our options include procuring rights, modifying the service, or terminating with a refund of prepaid unused fees.
13. Changes to the Service and Terms
We may improve or modify the service, provided we do not materially reduce its core functionality during a paid term. We may update these Terms prospectively; for material changes we will give at least thirty (30) days' notice in-app or by email, and continued use after the effective date is acceptance. If Customer objects to a material change, it may cancel before the change takes effect.
14. Governing Law; Venue; Attorney's Fees
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida. In any action arising out of these Terms, the prevailing party is entitled to its reasonable attorney's fees and costs.
15. General
Unless Customer opts out by written notice, we may identify Customer by name and logo as a customer in our marketing materials; any other use of Customer's marks requires consent. Neither party is liable for delay or failure caused by events beyond its reasonable control. Customer may not assign these Terms without our written consent except to a successor of substantially all its assets that assumes them; we may assign to an affiliate or successor. Notices go to the account owner's email on file (for Customer) and to the Company's official contact address (for us). If a provision is unenforceable, the rest remains in effect. These Terms plus the Privacy Policy, the BAA, and any order form are the entire agreement and supersede prior discussions. The parties agree this document may be executed or accepted electronically (checkbox acceptance or typed name in the CareCommand application), with the same force and effect as a handwritten signature under the U.S. ESIGN Act and the Florida Uniform Electronic Transaction Act.
Note
This document is provided as a starting draft. Parties are encouraged to seek independent legal counsel before signing. Company reserves the right to modify terms upon attorney review; modified terms apply prospectively and require fresh acceptance.