Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and AveeCare LLC ("AveeCare," "Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Arizona.

By accessing, registering for, or using our home care management platform, mobile applications, website (aveecare.com), and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other agreements referenced herein.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you are agreeing to these Terms on behalf of an organization (such as a home care agency), you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" shall refer to that organization.

2. Description of Services

AveeCare provides a cloud-based software-as-a-service (SaaS) platform designed for home care, home healthcare, hospice, and disability care agencies. Our Services include, but are not limited to:

• Scheduling and Calendar Management: Visit scheduling, caregiver assignment, and calendar coordination
• Electronic Visit Verification (EVV): GPS-based clock-in/out, visit documentation, and compliance reporting for Arizona AHCCCS and 21st Century Cures Act requirements
• Patient Management: Patient profiles, care plans, medical records, medication tracking, and documentation
• Caregiver Management: Staff scheduling, credentials tracking, training records, and performance monitoring
• Mobile Applications: iOS and Android applications for caregivers in the field
• AI-Powered Features: Natural language assistant ("Avee"), automated report generation, smart scheduling, OCR document scanning, and intelligent form creation
• Communication Tools: HIPAA-compliant messaging, notifications, and alerts
• Reporting and Analytics: Compliance reports, business analytics, and custom report generation
• Billing Integration: Claims preparation and billing workflow support

3. Eligibility and Account Registration

3.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be a licensed home care, home healthcare, hospice, or disability care provider operating lawfully in the United States (for agency accounts)
• Have the legal authority to enter into this Agreement
• Not have been previously suspended or removed from our Services

3.2 Account Registration

When registering for an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the confidentiality of your login credentials
• Immediately notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Not share account credentials with unauthorized individuals
• Not create accounts for others without their authorization

3.3 Account Types

Our Services support multiple user roles including administrators, staff members, caregivers, and patients/family members. Access levels and permissions are determined by your organization's administrator and our role-based access control system.

4. Subscription and Payment

4.1 Pricing and Plans

Our Services are provided on a subscription basis. Current pricing is available on our website at aveecare.com/pricing. We offer transparent, up-front pricing without requiring demos or long-term contract commitments to get started. Pricing is based on your active patient count and selected features.

4.2 Billing Terms

• Subscriptions are billed monthly in advance based on your active patient count
• Payment is due upon receipt of invoice
• We accept major credit cards and ACH bank transfers
• All fees are in U.S. dollars and are non-refundable except as specified herein
• You are responsible for all applicable taxes

4.3 Price Changes

We reserve the right to change our pricing at any time. For existing customers, we will provide at least 30 days' advance notice of any price increases. Continued use of the Services after a price change constitutes acceptance of the new pricing.

4.4 Late Payment

Failure to pay invoices within 30 days may result in late fees of 1.5% per month (or the maximum rate permitted by law), suspension of Services, and/or termination of your account. We reserve the right to use collection agencies and pursue legal remedies for unpaid amounts.

4.5 Refunds

We offer prorated refunds for unused service time when you cancel your subscription. Refund requests should be submitted to support@aveecare.com. Setup fees and implementation services are non-refundable once services have commenced.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

5.1 Prohibited Activities

• Use the Services for any unlawful purpose or in violation of any applicable laws, regulations, or industry standards
• Violate HIPAA, state healthcare privacy laws, or other healthcare regulations
• Access or use another user's account without authorization
• Input false, misleading, or fraudulent information, including falsifying EVV records
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems, networks, or data
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Reverse engineer, decompile, or disassemble any portion of the Services
• Remove, alter, or obscure any proprietary notices in the Services
• Use automated systems, bots, or scripts to access the Services without our written permission
• Resell, sublicense, or provide access to the Services to third parties without authorization
• Use the Services in any manner that could damage, disable, or impair the Services
• Harass, abuse, or harm another person through the Services
• Use AI features to generate content that violates laws or our policies

5.2 EVV Compliance Requirements

If you use our Electronic Visit Verification features, you additionally agree to:

• Ensure caregivers clock in and out at actual service locations using GPS verification
• Not manipulate, falsify, or circumvent EVV data collection
• Maintain accurate records of services provided
• Comply with all applicable EVV requirements under the 21st Century Cures Act and Arizona AHCCCS regulations
• Train staff on proper EVV procedures and compliance requirements

6. HIPAA and Healthcare Compliance

6.1 Business Associate Agreement

If you are a HIPAA Covered Entity or Business Associate, your use of our Services is subject to the Business Associate Agreement incorporated herein by reference. The terms of our Data Processing Agreement apply to all processing of Protected Health Information (PHI).

6.2 Customer Responsibilities

As a customer using our Services for healthcare purposes, you are responsible for:

• Ensuring your use of the Services complies with HIPAA and all applicable healthcare regulations
• Obtaining all necessary patient consents and authorizations
• Training your staff on proper handling of PHI within the Services
• Configuring appropriate access controls and permissions for your users
• Implementing minimum necessary standards for PHI access
• Maintaining your own HIPAA compliance program
• Reporting any suspected breaches or security incidents to us promptly

6.3 Our Responsibilities

AveeCare maintains comprehensive security and privacy safeguards as described in our HIPAA Compliance documentation. We will notify you of any breach of unsecured PHI as required by HIPAA.

7. Artificial Intelligence Features

7.1 AI-Powered Features

Our Services include artificial intelligence features including but not limited to: the "Avee" AI assistant, automated report generation, smart scheduling recommendations, OCR document scanning, and intelligent form creation. These features are designed to assist and augment human decision-making, not replace professional judgment.

7.2 AI Limitations and Disclaimers

7.3 AI Data Usage

We may use de-identified, aggregated data to train and improve our AI models. We do not use identifiable PHI to train AI models without explicit authorization. Our AI features process data in accordance with our Privacy Policy and HIPAA requirements.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all software, content, features, functionality, designs, graphics, logos, and trademarks are owned by AveeCare or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

8.2 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the subscription term.

8.3 Your Content

You retain ownership of all data, content, and information you input into the Services ("Your Content"). By using our Services, you grant us a limited license to process, store, and display Your Content solely as necessary to provide the Services. We do not claim ownership of Your Content.

8.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Services without any obligation to you.

9. Service Availability and Support

9.1 Service Level

We strive to maintain 99.9% uptime for our Services but do not guarantee uninterrupted availability. We may perform scheduled maintenance with advance notice when possible. Our Services are hosted on Amazon Web Services (AWS) infrastructure with enterprise-grade reliability, redundancy, and automatic failover capabilities.

9.2 Support

We provide customer support during business hours via email, chat, and phone. Critical issues affecting service availability receive priority response. Support contact information is available within the application and at support@aveecare.com.

9.3 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice of any material changes. We are not liable for any modification, suspension, or discontinuation of the Services.

10. Disclaimers

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless AveeCare and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation, including HIPAA
• Your violation of any third party's rights
• Any content or data you submit to the Services
• Your negligence or willful misconduct
• Any claim that your use of the Services caused damage to a third party
• Any HIPAA breach or violation caused by your actions or omissions
• Any fraud, misrepresentation, or falsification of EVV records

13. Termination

13.1 Termination by You

You may terminate your subscription at any time by providing written notice to support@aveecare.com. Upon termination, you will be entitled to a prorated refund for any unused prepaid fees.

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach any provision of these Terms
• You fail to pay fees when due
• You engage in fraudulent or illegal activity
• Required by law or regulatory authority
• We believe your actions may cause legal liability or harm to others

13.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• You may request export of your data within 30 days of termination
• We will retain and delete your data according to our retention policies and legal requirements
• Provisions that by their nature should survive termination will remain in effect (including indemnification, limitation of liability, and dispute resolution provisions)

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@aveecare.com to attempt to resolve the dispute informally. We will attempt to resolve any dispute within 30 days of notice.

14.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Maricopa County, Arizona. The arbitrator's decision shall be final and binding.

14.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive the right to participate in class actions or class-wide arbitration.

14.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction in Maricopa County, Arizona to protect its intellectual property rights or confidential information.

15. General Provisions

15.1 Entire Agreement

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

15.2 Waiver

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

15.3 Severability

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

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government actions, or internet or telecommunications failures.

15.6 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. Notices to us must be sent to legal@aveecare.com.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, for significant changes, by email notification. Your continued use of the Services after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.

17. Contact Information

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

18. Related Documents

Please also review our other legal documents:

• Privacy Policy
• Cookie Policy
• HIPAA Compliance
• Data Processing Agreement