1. Acceptance of Terms

Welcome to HomeHealth TX. These Terms of Service ("Terms") constitute a legally binding agreement between you and HomeHealth TX ("Company," "we," "our," or "us") governing your access to and use of the HomeHealth TX platform, including our web application, mobile applications (Caregiver and Family apps), and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a home health agency or other organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

HomeHealth TX provides a HIPAA-compliant healthcare platform designed for home health agencies operating in Texas. Our Services include:

2.1 Web Platform

• Patient scheduling and care coordination
• Electronic health records management
• OASIS assessment documentation
• Billing and claims management
• Quality assurance and compliance tracking
• Personnel and credential management
• Reporting and analytics

2.2 Caregiver Mobile Application

• Visit documentation and care delivery
• Electronic Visit Verification (EVV)
• GPS-based check-in/check-out
• Photo and signature capture
• Offline documentation capabilities

2.3 Family Mobile Application

• Care schedule visibility
• Caregiver visit tracking
• Secure messaging with care team
• Care plan access

3. User Accounts and Authentication

3.1 Account Requirements

To access the Services, you must create an account using our WorkOS-powered authentication system. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your login credentials
• Use multi-factor authentication as required
• Notify us immediately of any unauthorized access to your account

3.2 Session Security

In compliance with HIPAA requirements, our platform enforces:

• 15-minute session timeout: Sessions automatically expire after 15 minutes of inactivity
• 13-minute warning: You will receive a 2-minute warning before automatic logout
• Secure session management: All sessions are encrypted and monitored

3.3 Account Lockout

For security purposes, accounts are temporarily locked after 5 failed login attempts. Lockout duration is 30 minutes. Contact your administrator if you need immediate access restoration.

4. Permitted Uses

The Services are provided exclusively for:

• Licensed home health agencies operating in Texas
• Caregivers employed by contracted agencies
• Patients and family members of patients receiving care
• Administrative and clinical staff with proper authorization

You may use the Services only for legitimate healthcare operations, including treatment, payment, and healthcare operations as defined under HIPAA.

5. Prohibited Conduct

You agree not to:

• Access or attempt to access accounts or data without authorization
• Share login credentials with unauthorized individuals
• Use the Services for any unlawful purpose
• Falsify visit documentation, time records, or location data
• Access, use, or disclose PHI except as permitted by HIPAA
• Interfere with or disrupt the Services or servers
• Attempt to reverse engineer, decompile, or disassemble the software
• Circumvent security measures or access controls
• Upload malicious code, viruses, or harmful content
• Use automated scripts, bots, or scraping tools
• Resell, sublicense, or transfer access to the Services

6. HIPAA and PHI Compliance

6.1 Business Associate Agreement

If you are a Covered Entity under HIPAA, your use of the Services is governed by the Business Associate Agreement ("BAA") executed between your organization and HomeHealth TX. The BAA is incorporated into these Terms by reference.

6.2 PHI Handling

You acknowledge and agree that:

• The Services will process Protected Health Information (PHI)
• You will only access PHI on a minimum necessary basis
• You will comply with all HIPAA Privacy and Security Rule requirements
• You will report any suspected breaches immediately
• You will complete required HIPAA training

6.3 Audit Logging

All access to PHI is logged for compliance purposes. Audit logs are retained for 6 years as required by HIPAA. You consent to this monitoring as a condition of using the Services.

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all software, content, features, functionality, and user interface designs, are owned by HomeHealth TX and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Services solely for their intended purpose.

7.2 Your Content

You retain ownership of all content you create or upload to the Services, including clinical documentation and patient records. You grant us a limited license to process, store, and transmit this content as necessary to provide the Services.

7.3 Feedback

If you provide suggestions, feedback, or ideas about the Services, you grant us an unrestricted, royalty-free license to use such feedback for any purpose without compensation to you.

8. Data Ownership and Portability

8.1 Agency Data Ownership

Home health agencies retain ownership of all patient data, clinical records, and business information entered into the Services. This data belongs to the agency, not to HomeHealth TX.

8.2 Data Export

Upon written request, we will provide data exports in standard healthcare formats (such as HL7, FHIR, or CSV) within 30 days. Data export requests should be submitted to support@homehealth-tx.ai.

8.3 Data Retention After Termination

Following termination, we will retain your data for 90 days to allow for data export. After this period, data will be securely deleted unless retention is required by law or the BAA.

9. Service Availability and Support

9.1 Uptime Commitment

We strive to maintain 99.9% uptime for the Services. Scheduled maintenance windows will be communicated at least 48 hours in advance when possible.

9.2 Support

Technical support is available via email at support@homehealth-tx.ai during business hours (Monday-Friday, 8 AM - 6 PM Central Time). Emergency support for critical issues is available 24/7.

9.3 Updates and Changes

We may update, modify, or enhance the Services at any time. We will provide reasonable notice of material changes that may affect your use of the Services.

10. Fees and Payment

10.1 Subscription Fees

Access to the Services requires a paid subscription as specified in your agency's Service Agreement. Fees are billed monthly or annually as agreed.

10.2 Payment Terms

Payment is due within 30 days of invoice date. Late payments may result in service suspension after written notice and a 15-day cure period.

10.3 Fee Changes

We may modify fees with 60 days' written notice. Fee changes apply at the next renewal period.

11. Termination

11.1 Termination by You

You may terminate your account at any time by providing 30 days' written notice. You remain responsible for all fees incurred through the termination date.

11.2 Termination by Us

We may terminate or suspend your access immediately if you:

• Breach these Terms or the BAA
• Fail to pay fees after notice and cure period
• Engage in conduct that harms other users or the Services
• Use the Services for unlawful purposes

11.3 Effect of Termination

Upon termination, your right to access the Services ends immediately. Provisions that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution provisions.

12. Disclaimers

We do not warrant that:

• The Services will be uninterrupted or error-free
• Defects will be corrected
• The Services are free of viruses or harmful components
• The results obtained from the Services will be accurate or reliable

Clinical Disclaimer: The Services are administrative tools and do not provide medical advice, diagnosis, or treatment recommendations. All clinical decisions remain the responsibility of licensed healthcare professionals.

13. Limitation of Liability

Our total aggregate liability for any claims arising from or related to the Services shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless HomeHealth TX, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including HIPAA
• Any content you submit through the Services
• Your negligent or wrongful conduct

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

15.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@homehealth-tx.ai to attempt to resolve any dispute informally within 30 days.

15.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Houston, Texas.

15.4 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.

16. Modifications to Terms

We may modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on our website
• Update the "Last Updated" date
• Provide notice via email or in-app notification for material changes
• Give you 30 days to review changes before they take effect

Your continued use of the Services after the effective date of changes constitutes acceptance of the modified Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, BAA, and any Service Agreement, constitute the entire agreement between you and HomeHealth TX regarding the Services.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

17.3 Waiver

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

17.4 Assignment

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

17.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages.

18. Contact Information