Terms of Service

2. License Grant & Restrictions

We grant you a limited, non-exclusive, non-transferable license to access and use Immaculate.Care for your authorized business purposes only. Under this license, you may NOT:

• Modify, copy, or create derivative works of the platform
• Use the platform for any commercial purpose beyond your licensed scope
• Attempt to decompile, reverse engineer, or discover source code
• Remove copyright, trademark, or proprietary notices
• Transfer access to another person or entity
• Access the platform to build competitive products
• Download data for purposes other than authorized care delivery
• Share your login credentials with anyone else

3. Platform Services

Important: Immaculate.Care is a care management platform designed to support and enhance care delivery, NOT to replace professional medical judgment. All health predictions, alerts, and recommendations must be reviewed by qualified healthcare professionals before implementation.

• Healthcare providers remain responsible for all medical decisions
• Immaculate.Care provides data and insights, not medical diagnoses
• Users must verify system recommendations against clinical expertise
• System alerts do not override professional judgment
• Escalation to physicians/supervisors is always required for critical alerts

4. Disclaimer

IMMACULATE.CARE IS PROVIDED ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ALL WARRANTIES INCLUDING:

• Fitness for a particular purpose
• Non-infringement of intellectual property
• Accuracy of predictions or alerts (always verify with professionals)
• Uninterrupted or error-free operation
• That the platform will be free from viruses or malicious code

LIMITATION OF LIABILITY: Immaculate.Care shall not be liable for any indirect, incidental, special, or consequential damages arising from use of the platform, including loss of data, loss of profits, or business interruption, even if advised of the possibility of such damages.

5. User Responsibilities

By using Immaculate.Care, you agree to:

• Use the platform only for authorized care delivery purposes
• Maintain confidentiality of login credentials
• Not share access with unauthorized users
• Report security incidents immediately
• Follow all HIPAA and facility security policies
• Verify all health data and alerts with qualified professionals
• Not download or export data outside of authorized purposes
• Comply with all applicable laws and regulations

6. Prohibited Activities

You agree NOT to:

• Share PHI with unauthorized parties
• Use the platform to access records you're not authorized to see
• Attempt to hack, exploit, or test security
• Create false or fraudulent records
• Use the platform for commercial gain or competitive advantage
• Remove or alter copyright/proprietary notices
• Violate any applicable laws or regulations
• Harass, threaten, or interfere with other users

7. Termination

Immaculate.Care may suspend or terminate your access to the platform if you:

• Violate these Terms of Service or HIPAA regulations
• Fail to pay subscription fees
• Engage in prohibited activities
• Breach security or confidentiality
• Are no longer authorized by your facility

Upon termination, your access ends immediately and data remains encrypted and archived per HIPAA requirements.

8. Payment & Billing

By subscribing to Immaculate.Care:

• You authorize us to charge your provided payment method
• Subscription fees are billed monthly or annually as selected
• Changes to pricing take effect at next renewal (30-day notice)
• Refunds are subject to our refund policy (see Billing page)
• You are responsible for maintaining accurate billing information

9. Indemnification

You agree to indemnify and hold harmless Immaculate.Care from any claims, losses, damages, or costs arising from:

• Your violation of these Terms
• Your misuse of the platform
• Your breach of HIPAA or other regulations
• Your unauthorized disclosure of PHI
• Any actions or omissions by you or your facility

10. HIPAA Compliance

Immaculate.Care is a HIPAA-compliant platform. Both we and our users must comply with:

• HIPAA Privacy Rule (use and disclosure of PHI)
• HIPAA Security Rule (safeguards for electronic PHI)
• HIPAA Breach Notification Rule (notification requirements)
• Business Associate Agreements (binding all parties)

All use of protected health information must follow HIPAA minimum necessary standards.

11. Modifications to Service

Immaculate.Care may modify or discontinue features with reasonable notice (typically 30 days). We will:

• Notify you of significant changes via email
• Continue to maintain HIPAA compliance
• Provide data export options if discontinuing features
• Allow contract termination if changes materially affect service

12. Service Level Agreements (SLA)

Immaculate.Care commits to:

• 99.5% monthly uptime (excluding scheduled maintenance)
• 24/7 monitoring and incident response
• Maximum 4-hour recovery time for critical issues
• Daily encrypted backups with recovery capability
• Monthly status reports of system performance

13. Data Ownership

You own all data you input into Immaculate.Care (patient records, care plans, etc.). Immaculate.Care owns the platform, software, and improvements. You grant us a license to use your data for:

• Providing the platform services
• System maintenance and improvement
• Aggregated, de-identified analytics
• Compliance and audit purposes

14. Dispute Resolution

Disputes shall be resolved as follows:

• **First:** Good faith negotiation between parties (30 days)
• **Second:** Mediation before litigation (if negotiation fails)
• **Third:** Binding arbitration or litigation in applicable courts

Both parties waive right to jury trial and class action in disputes.

15. Governing Law

These Terms are governed by the laws of the United States and the state where your facility is located. For disputes involving HIPAA compliance, federal healthcare law takes precedence.

16. Entire Agreement

These Terms of Service, along with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and Immaculate.Care. If any provision is found invalid, the remaining provisions continue in effect.

17. Contact Information

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

Legal & Compliance
Email: richy@immaculate.care
Phone: 1-800-CARE-NOW
Response time: Within 5 business days