Terms of Service

These Terms of Service ("Terms") govern your use of the website at agilacare.com and the AgilaCare web and mobile applications (together, the "Services"). The Services are operated by AGILA CARE LLC ("AgilaCare", "we", "us"). By using the Services, you agree to these Terms.

1. Two kinds of agreement

AgilaCare is software for organizations. Home care agencies and other care providers — our customers — subscribe to AgilaCare under a separate written subscription agreement and a Business Associate Agreement. Those signed agreements govern the customer's use of the Services. Where they conflict with these Terms, the signed agreements control.

These Terms apply to everyone who visits our website, and to every individual user of the Services, such as an agency's administrators, schedulers, and caregivers.

2. Accounts

Accounts are created by our customers for their own staff. You may use the Services only if an authorized customer has given you an account, and only for that customer's business. Keep your sign-in credentials confidential, use multi-factor authentication where it is required, and tell your organization and us promptly if you believe your account has been compromised. You are responsible for activity under your account.

3. Acceptable use

You agree not to:

• Access information you are not authorized to see, or use the Services for anything other than your organization's legitimate operations
• Enter information you know to be false, including visit, time, or location information
• Attempt to bypass electronic visit verification, location capture, or any security control
• Probe, scan, or test the vulnerability of the Services, or interfere with their operation
• Copy, reverse engineer, resell, or create derivative works from the Services, except as the law expressly permits
• Use the Services to violate any law, including laws protecting health information

We may suspend access that we reasonably believe violates this section or threatens the security of the Services or of other customers' information.

4. Customer data and health information

Information that customers enter into the Services belongs to the customer. We process it on the customer's behalf, under its instructions and our Business Associate Agreement, as described in our Privacy Policy. We do not sell it.

5. Your organization is responsible for compliance

AgilaCare provides tools for scheduling, visit verification, documentation, billing, and payroll. It does not decide what care to provide, and it does not make eligibility, program, or billing decisions.

Each customer remains solely responsible for:

• The accuracy and completeness of the information it enters, verifies, and submits
• Every claim, visit record, and report submitted to a state Medicaid agency, electronic visit verification system, managed care organization, clearinghouse, or other payer
• Compliance with the Medicaid, waiver, licensing, and program rules that apply to it

Features that check, flag, or format information are aids, not guarantees. Review what the Services produce before you submit it.

6. Not medical advice

The Services are administrative software. Nothing in them is medical, clinical, legal, or billing advice, and nothing in them replaces the professional judgment of the people delivering care.

7. Mobile applications

Subject to these Terms, we grant authorized users a limited, revocable, non-exclusive, non-transferable license to install and use our mobile applications on devices they own or control, solely to use the Services for their organization. Your use of an app obtained from the Apple App Store or Google Play is also subject to that store's terms. Apple and Google are not responsible for our applications or their support.

8. Our intellectual property

The Services, including their software, design, and content, are owned by AGILA CARE LLC or its licensors and are protected by law. AgilaCare and its logo are our marks. These Terms give you no rights in them beyond using the Services as described here.

If you send us suggestions or feedback, we may use them without obligation to you.

9. Third-party services

The Services connect to systems operated by others, such as state electronic visit verification aggregators, Medicaid systems, clearinghouses, and address verification services. We are not responsible for the availability or conduct of those systems, and their own terms may apply.

10. Availability and changes to the Services

We work to keep the Services available and secure, but we do not promise that they will be uninterrupted or error-free. We may change, add, or remove features. Commitments about availability and support, where they exist, are set out in the customer's signed agreement.

11. Disclaimer of warranties

Except as stated in a customer's signed agreement, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent the law allows.

12. Limitation of liability

To the fullest extent the law allows, and except as stated in a customer's signed agreement, AGILA CARE LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising from use of the Services. For individual users and website visitors, our total liability for any claim relating to the Services is limited to one hundred US dollars (US $100).

13. Suspension and termination

We may suspend or end your access if you breach these Terms, if your organization's subscription ends, or if your organization asks us to. Sections 4, 5, 6, 8, 11, 12, and 14 survive termination.

14. Governing law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in the Commonwealth of Pennsylvania, and each party consents to the jurisdiction of those courts.

15. Changes to these Terms

We may update these Terms. When we do, we will post the new version on this page with a new effective date, and notify customers of material changes in advance. Continuing to use the Services after a change takes effect means you accept the updated Terms.

16. Contact

AGILA CARE LLC

Email: admin@agilacare.com

Website: https://agilacare.com