Welcome to CareShift ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our mobile application, website (including careshift.io or any related domains), and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.
CareShift is a caregiver scheduling solution designed for home care agencies, caregivers, and families. It facilitates shift coordination, matching, communication, and related features. These Terms apply to all users, including agencies, caregivers, clients/families, and administrators.
Please note: These Terms are provided as a general template and are not intended as legal advice. We strongly recommend consulting with a qualified attorney to customize them for your specific business needs, jurisdiction, and compliance requirements (e.g., HIPAA for health data, if applicable).
1. Acceptance of Terms
By creating an account, uploading data, or otherwise using the Platform, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the authority to bind yourself or your organization to these Terms. If you are using the Platform on behalf of an agency or entity, you warrant that you are authorized to do so.
2. Changes to Terms
We may update these Terms at any time. We will notify you of material changes via email or in-app notification at least 30 days in advance. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.
3. Account Registration and Security
- Registration: To use certain features, you must create an account with accurate information. Agencies may register caregivers or clients, but you are responsible for obtaining necessary consents.
- Security: You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately of any unauthorized access at support@careshift.io.
- Verification: We may require identity verification for certain features, such as payment processing or API integrations.
4. Description of Services
The Platform provides:
- Shift upload and distribution (via CSV or API integrations with systems like WellSky, Generations, or ClearCare).
- Caregiver dashboards for viewing, accepting, or declining shifts.
- Automated SMS notifications (via Twilio) to families and caregivers.
- Admin dashboards with KPIs (e.g., shift fill rates, no-shows).
- Gift card rewards for short-notice shift acceptances (processed via Stripe).
- Future features may include AI-powered matching, emotional support, and training modules.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time.
5. User Responsibilities
- Compliance: You agree to use the Platform in compliance with all applicable laws, including labor laws, privacy regulations (e.g., GDPR, CCPA), and health data protections (e.g., HIPAA if handling protected health information).
- Prohibited Conduct: You may not:
- Upload inaccurate, harmful, or illegal content (e.g., shifts violating wage laws).
- Interfere with the Platform's operation (e.g., hacking, spamming).
- Use the Platform for unauthorized commercial purposes.
- Share confidential information without consent.
- Data Accuracy: You are responsible for the accuracy of uploaded data (e.g., shifts, caregiver details). We are not liable for errors in scheduling or communications resulting from your inputs.
6. Payments and Subscriptions
- Fees: Access may require subscription fees or per-use charges (e.g., SMS via Twilio, gift cards via Stripe). Details are available in your account or at pricing@careshift.io. All fees are non-refundable unless otherwise stated.
- Billing: Payments are processed via Stripe. You authorize recurring charges for subscriptions. We may offer discounts (e.g., 15% for annual plans).
- Taxes: You are responsible for any applicable taxes.
- Gift Cards: Rewards are fulfilled manually or via integrations; we may earn a processing fee.
7. Intellectual Property
- Our Rights: The Platform, including software, designs, trademarks (e.g., "CareShift"), and content, is owned by us or our licensors. You are granted a limited, non-exclusive license to use it for your internal purposes.
- Your Content: You retain ownership of uploaded data (e.g., shift schedules). By uploading, you grant us a worldwide, royalty-free license to use, store, and process it to provide the Services.
- Feedback: Any suggestions you provide become our property without compensation.
8. Privacy and Data Protection
Your privacy is important. Our Privacy Policy (available at careshift.io/privacy) explains how we collect, use, and protect your data, including caregiver details, shift information, and communications. By using the Platform, you consent to our data practices. For health-related data, we comply with relevant laws, but you are responsible for obtaining consents from caregivers and families.
9. Third-Party Integrations
The Platform integrates with third parties (e.g., WellSky, Twilio, Stripe). We are not responsible for their services, privacy practices, or availability. Your use of integrations is subject to their terms.
10. Limitations of Liability
- Disclaimer: The Platform is provided "as is" without warranties. We do not guarantee error-free operation, shift fulfillment, or caregiver performance.
- Liability Cap: To the fullest extent permitted by law, our total liability shall not exceed the fees paid by you in the past 12 months. We are not liable for indirect damages (e.g., lost profits, data loss) or issues arising from user errors, third-party actions, or force majeure.
- No Medical Advice: The Platform is not a substitute for professional medical or care advice. We are not liable for care outcomes.
11. Indemnification
You agree to indemnify and hold us harmless from claims arising from your use of the Platform, including breaches of these Terms, data inaccuracies, or violations of law.
12. Termination
- We may suspend or terminate your access for violations, non-payment, or at our discretion.
- Upon termination, you must cease use and delete any downloaded data. Sections surviving termination include IP, liability, and indemnification.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, USA (without regard to conflicts of law). Disputes shall be resolved through binding arbitration in San Diego, CA, under AAA rules, except for small claims.
14. Miscellaneous
- Severability: If any provision is invalid, the rest remain enforceable.
- No Waiver: Failure to enforce a right does not waive it.
- Assignment: We may assign these Terms; you may not without our consent.
- Entire Agreement: These Terms constitute the full agreement.
Contact Us
For questions, contact us at:
- Email: admin@careshift.io
- By using CareShift, you acknowledge that you have read, understood, and agree to these Terms.