Terms of Service

1. Agreement to Terms

Welcome to CareTransparent. These Terms of Service ("Terms") govern your access to and use of the CareTransparent platform, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Eligibility

To use CareTransparent, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Be a healthcare professional, caregiver, authorized family member, or rehabilitation center administrator
• Provide accurate, current, and complete information during registration
• Not be prohibited from using the Services under applicable laws

3. Account Registration and Security

3.1 Account Creation

You must create an account to use most features of our Services. You agree to provide accurate information and keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

4. User Roles and Access Control

CareTransparent operates with different user roles, each with specific permissions and responsibilities:

• Platform Administrators: Full system access for CareTransparent staff
• Rehabilitation Center Administrators: Manage their organization, staff, and patient data
• Managers: Oversee specific centers and caregiver teams
• Caregivers: Provide care updates and respond to family concerns
• Family Members: View patient information and communicate with care teams

You may only access data and features appropriate to your assigned role. Unauthorized access attempts may result in immediate account termination and legal action.

5. Acceptable Use Policy

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Access or attempt to access accounts, data, or systems without authorization
• Interfere with or disrupt the security, integrity, or performance of the Services
• Upload or transmit viruses, malware, or other harmful code
• Use the Services for any fraudulent, abusive, or unlawful purpose
• Impersonate another person or entity
• Harvest, scrape, or collect user data without permission
• Reverse engineer, decompile, or attempt to extract source code
• Share patient health information with unauthorized parties
• Use automated systems (bots, scrapers) to access the Services

6. Patient Data and Healthcare Privacy

6.1 Protected Health Information

As a healthcare platform, CareTransparent processes protected health information (PHI). By using our Services, you acknowledge that you will handle PHI in compliance with all applicable healthcare privacy laws, including HIPAA (if applicable) and other relevant regulations.

6.2 User Responsibilities

Healthcare professionals and administrators must:

• Obtain proper authorization before entering patient data
• Ensure accuracy of all patient information entered into the system
• Maintain confidentiality of patient health information
• Only access patient data when necessary for care purposes
• Report any suspected privacy breaches immediately

6.3 Data Processing Agreement

For healthcare organizations, a separate Data Processing Agreement (DPA) or Business Associate Agreement (BAA) may be required and will govern the processing of PHI.

7. Subscription and Payment Terms

7.1 Subscription Plans

CareTransparent offers various subscription plans for rehabilitation centers. Pricing, features, and patient limits are detailed on our pricing page and may change with notice.

7.2 Free Trial

New rehabilitation centers may be eligible for a free trial period. No payment information is required during the trial. After the trial ends, you must subscribe to a paid plan to continue using the Services.

7.3 Billing and Payments

By subscribing to a paid plan, you agree to:

• Pay all subscription fees in advance (monthly or annually)
• Provide accurate and complete billing information
• Authorize automatic recurring charges to your payment method
• Pay any applicable taxes

7.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods, except as required by law or at our sole discretion.

7.5 Overdue Payments

If payment fails or becomes overdue, we may suspend access to the Services until payment is received. Accounts with overdue payments for more than 30 days may be terminated, and data may be deleted.

8. Intellectual Property Rights

8.1 Ownership

CareTransparent and its licensors own all rights, title, and interest in the Services, including all software, designs, trademarks, logos, and content (excluding user-generated content). These Terms do not grant you any ownership rights.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms.

8.3 User Content

You retain ownership of content you submit to the Services (patient data, notes, communications). By submitting content, you grant us a license to use, store, process, and display that content solely to provide the Services to you.

9. Service Availability and Modifications

9.1 Service Uptime

While we strive to provide reliable and uninterrupted Services, we do not guarantee 100% uptime. The Services may be unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Services at any time with or without notice. We are not liable for any modifications, suspensions, or discontinuations.

9.3 Third-Party Services

Our Services may integrate with third-party services (payment processors, analytics providers). We are not responsible for the availability, functionality, or practices of third-party services.

10. Disclaimers and Limitations

10.1 No Medical Advice

CareTransparent is a communication and management platform. It does not provide medical advice, diagnosis, or treatment. Always seek the advice of qualified healthcare professionals for medical questions and emergencies.

10.2 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS.

10.3 Data Accuracy

While we implement security measures, we do not warrant that the Services will be error-free, secure, or free from viruses or other harmful components. You are responsible for verifying the accuracy of information in the system.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARETRANSPARENT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless CareTransparent and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including privacy rights
• Your violation of applicable laws or regulations
• Any content you submit to the Services

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before pursuing formal dispute resolution, you agree to contact us at support@caretransparent.com to attempt to resolve the dispute informally.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

13.3 Jurisdiction

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in [Your Jurisdiction].

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and CareTransparent regarding the Services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Notices

Notices to you may be sent via email or posted on the Services. Notices to us should be sent to legal@caretransparent.com.

15. Contact Us

If you have questions or concerns about these Terms of Service, please contact us: