Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and CaregiverIQ (“Company,” “we,” “us,” or “our”), a New Mexico-based company, governing your access to and use of the CaregiverIQ platform, website at www.caregiveriq.co, mobile-optimized portal, and all related services (collectively, the “Service”).

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization (an “Agency”), you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the Agency. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

CaregiverIQ is a software-as-a-service (SaaS) performance intelligence platform designed for home health care agencies. The Service includes, but is not limited to:

• Caregiver performance tracking, reviews, and scoring (CareScore)
• Gamification features including badges, streaks, and Summit Caregiver status
• Industry benchmarking and comparative analytics
• AI-powered performance insights and coaching recommendations
• Personality assessments and professional development tools
• Attendance tracking and EVV integration
• Client satisfaction surveys and reputation management
• Agency dashboards, reporting, and KPI intelligence
• SMS, email, and push notification communications
• API integrations with third-party scheduling and EVV systems

3. Account Registration & Security

• Account Creation: You must provide accurate, complete, and current information when creating an account. Accounts are managed through our authentication provider and may support email/password, social login, and single sign-on methods.
• Agency Responsibility: The Agency administrator who creates the organization account is responsible for managing team member access, roles, and permissions. Agency administrators may invite Supervisors, Support staff, and Caregivers to the platform.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized use of your account. We are not liable for losses arising from unauthorized access to your account.
• One Account Per Person: Each user may maintain only one active account. Duplicate accounts may be terminated without notice.

4. Subscription & Payment Terms

• Subscription Plans: Access to the Service requires a paid subscription. Current pricing is available at caregiveriq.co/pricing. We reserve the right to modify pricing with thirty (30) days’ advance notice.
• Billing: Subscriptions are billed in advance on a monthly or annual basis through our payment processor, Stripe. By subscribing, you authorize us to charge your designated payment method on a recurring basis.
• Plan Changes: You may switch between monthly and annual billing at any time. Changes are prorated based on remaining time in your current billing cycle.
• Cancellation: You may cancel your subscription at any time through the billing settings in your account dashboard. Upon cancellation, you retain access to the Service through the end of your current billing period. No refunds are provided for partial billing periods.
• Past Due Accounts: If payment fails, we will attempt to charge your payment method again. After a grace period, your account may be restricted until payment is resolved.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for any sales, use, or similar taxes imposed on your subscription.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Submit false, misleading, or inaccurate information, including fabricated performance reviews.
• Access or attempt to access data belonging to other agencies or users.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Introduce viruses, malware, or other harmful code.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to harass, discriminate against, or retaliate against any caregiver or employee.
• Resell, sublicense, or redistribute access to the Service without our written consent.
• Use automated scripts, bots, or scraping tools to access the Service, except through our published APIs.

Data Accuracy: Agencies are responsible for ensuring the accuracy and completeness of caregiver data entered into the Service, including personal information, performance reviews, and attendance records.

6. SMS Terms of Service

CaregiverIQ provides SMS text messaging functionality for agency-to-caregiver communications. By opting in to receive SMS messages, you agree to the following:

• You consent to receive automated text messages from CaregiverIQ, including performance notifications, shift reminders, survey invitations, and other service-related communications.
• Message frequency varies based on your agency’s notification configuration and your preferences. There is no fixed number of messages per month.
• Message and data rates may apply depending on your mobile carrier and plan. Contact your carrier for details about your messaging plan.
• Consent to receive SMS messages is not required as a condition of purchasing any goods or services from CaregiverIQ.
• To opt out of all SMS messages, reply STOP to any message from CaregiverIQ. You will receive a one-time confirmation that you have been unsubscribed. To resume messages, reply START.
• For help, reply HELP to any message from CaregiverIQ, or contact us at the information provided in the Contact section below.
• Supported carriers include but are not limited to: AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, and most other major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
• We do not share your phone number or SMS opt-in consent data with third parties for their marketing or promotional purposes.
• For full details on how we handle your data in connection with SMS messaging, please see our Privacy Policy.

7. HIPAA Compliance

CaregiverIQ recognizes that certain data processed through the Service may constitute Protected Health Information (“PHI”) subject to the Health Insurance Portability and Accountability Act (“HIPAA”).

• Business Associate Agreement: If your Agency is a Covered Entity under HIPAA, you must enter into a Business Associate Agreement (BAA) with CaregiverIQ before transmitting PHI through the Service. We will execute BAAs upon request.
• Agency Obligations: As the Covered Entity, your Agency is responsible for obtaining necessary consents and authorizations from individuals whose PHI is processed through the Service. You must ensure that your use of the Service complies with HIPAA requirements.
• Our Obligations: As a Business Associate, we will: (a) use and disclose PHI only as permitted by the BAA; (b) implement appropriate safeguards; (c) report security incidents and breaches; (d) ensure our subcontractors comply with equivalent protections; and (e) make PHI available to individuals as required.
• Prohibited Uses: CaregiverIQ will not use or disclose PHI for marketing purposes, sell PHI, or use PHI for purposes not described in the BAA.

8. Intellectual Property

• CaregiverIQ Property: The Service, including its design, code, algorithms, trademarks, logos, documentation, and all proprietary technology, is owned by CaregiverIQ and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during your subscription term.
• Your Content: You retain ownership of all data, reviews, and content you submit to the Service (“Your Content”). By using the Service, you grant us a limited license to process, store, and display Your Content solely for the purpose of providing the Service.
• Feedback: If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation or compensation to you.

9. Data Ownership & Portability

• Agency Data: All caregiver profiles, performance reviews, attendance records, and other data created within your agency’s account belong to your Agency.
• Data Export: You may request an export of your Agency’s data in a structured, commonly used format (e.g., CSV) at any time during your subscription or for thirty (30) days following account termination.
• Post-Termination: Upon request within thirty (30) days of account termination, we will provide a complete export of your Agency data. After this period, your data will be deleted in accordance with our data retention practices.
• Aggregated Data: We may retain and use de-identified, aggregated data derived from your use of the Service for benchmarking, analytics, and product improvement. This aggregated data cannot reasonably be used to identify your Agency or any individual.

10. AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate performance insights, coaching recommendations, retention risk assessments, and KPI analysis. You acknowledge and agree that:

• AI-generated content is provided for informational and advisory purposes only. It does not constitute medical advice, clinical guidance, employment law advice, or professional recommendations.
• AI-generated insights should be reviewed by qualified personnel before being acted upon. Agencies retain full responsibility for employment decisions made using information from the Service.
• AI systems may produce inaccurate, incomplete, or biased results. CaregiverIQ does not guarantee the accuracy or reliability of AI-generated content.
• All personally identifiable information is anonymized before being processed by AI systems. No raw PII is shared with AI service providers.

11. API & Integration Terms

• API Access: The Service provides API endpoints for integrating with third-party systems, including EVV platforms and scheduling software. API access is subject to authentication via API keys.
• API Keys: API keys are confidential and must not be shared publicly or embedded in client-side code. You are responsible for all activity conducted using your API keys.
• Rate Limits: API usage is subject to rate limits. Exceeding rate limits may result in temporary throttling or suspension of API access.
• Third-Party Integrations: CaregiverIQ integrates with third-party services at your direction. We are not responsible for the availability, accuracy, or security practices of third-party services. Your use of third-party integrations is subject to those providers’ terms and privacy policies.

12. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAREGIVERIQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of, or inability to access or use, the Service;
• Any conduct or content of any third party on the Service;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any AI-generated content, insights, or recommendations provided through the Service;
• Actions taken based on data, analytics, or reports generated by the Service.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO CAREGIVERIQ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

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

• Your use of the Service or violation of these Terms;
• Your Agency’s employment decisions or actions based on data from the Service;
• Your violation of any applicable law or regulation, including HIPAA;
• Any data you submit to the Service that infringes third-party rights;
• Your failure to comply with your obligations under any Business Associate Agreement.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

CAREGIVERIQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING AI-GENERATED CONTENT.

16. Termination

• By You: You may terminate your account at any time by canceling your subscription through the billing settings. Termination takes effect at the end of the current billing period.
• By Us: We may suspend or terminate your account immediately, without prior notice, if: (a) you breach these Terms; (b) your payment is overdue beyond the grace period; (c) your use of the Service poses a security risk; or (d) we are required to do so by law.
• Effect of Termination: Upon termination: (a) your right to use the Service ceases immediately; (b) you may request a data export within thirty (30) days; (c) we will delete your data in accordance with our retention policies; (d) provisions that by their nature should survive termination (including Sections 8, 13, 14, 15, 17, and 18) will survive.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of New Mexico, and you consent to the personal jurisdiction of such courts.

18. Dispute Resolution

• Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve the dispute informally for at least thirty (30) days.
• Binding Arbitration: If the dispute cannot be resolved informally, either party may elect to resolve it through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration will be conducted in the State of New Mexico.
• Class Action Waiver: YOU AND CAREGIVERIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
• Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised “Last Updated” date and, for significant changes, by providing notice via email or through the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

20. Contact Information

If you have questions about these Terms of Service or need to contact us for any reason, please reach out:

CaregiverIQ
Email: [Contact email to be provided]
Address: [Mailing address to be provided]
New Mexico, United States