Terms and Conditions
This Agreement governs your use of the Service, regardless of how accessed, including via an Internet browser, smartphone, tablet, or other mobile device.
If you sign up for the Service on behalf of a Client, you represent that you are duly authorized to represent the entity and accept the terms of this Agreement on behalf of such entity, and any references to “you” in this Agreement refer to such entity and all of its employees, consultants and agents. You are responsible for all activity on the Service that occurs under your account.
Term & Termination
1.1 This Agreement will remain in effect until all of your subscriptions activated in accordance with this Agreement have expired or this Agreement is terminated by you or My Home Care App (the “Term”). If you elect to use the Service for a free trial period, and do not purchase a subscription before the end of such period, this Agreement will expire at the end of the free trial period.
1.2 Subscriptions purchased by you begin on the start date specified upon payment and continue for the subscription term selected at the time of payment. Subscriptions automatically renew, as described in Section 4.1.
1.3 You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by emailing email@example.com.
1.4 My Home Care App may terminate this Agreement at any time in the event you materially breach this Agreement and do not cure such breach within 30 days of My Home Care App providing you with written notice (including notice by email). However, in the case of your nonpayment (including in the event when your credit card cannot be charged), My Home Care App may suspend your access to the Service upon any such nonpayment and may terminate this Agreement, if such breach is not remedied within 30 days of notice by My Home Care App to you. Notwithstanding the foregoing, My Home Care App may immediately suspend or terminate your access to the Service without liability if you are in violation of Sections 3.1, 3.5 or 12 of this Agreement, as determined by My Home Care App in its sole discretion. My Home Care App may also downgrade, suspend or terminate your access to the Service without liability, after providing you with 30 days’ advance written notice, if (a) you fail to affirmatively agree to material modifications of this Agreement pursuant to Section 2.1 below, or (b) you do not log in to or otherwise use the Service for a period of 180 days or more if you have a paid account and for a period of 60 days or more if you have a free account. For instances other than non-payment or violation of Section 3.1, in the event you cancel your subscription or this Agreement is terminated by My Home Care App or you, My Home Care App may in its sole discretion, refund to you any prepaid fees covering any period of the term remaining after the date of termination for all subscriptions. However, no refund will be granted for the then-current month. Notice via email by My Home Care App to you will be sent to the email address you have provided to us.
1.5 In the event your subscription is terminated, other than in instances where it is terminated by My Home Care App for your nonpayment or violation of Sections 3.1 or 12, you will continue to have the ability to download the information provided, inputted or uploaded to the Service by you or on your behalf (“Data”) for 30 days after the effective date of expiration or termination. After such 30-day period or if your subscription is terminated due to your nonpayment or violation of Section 3.1, My Home Care App shall have no obligation to maintain any Data and shall thereafter, unless legally prohibited to do so, delete all of your Data contained in My Home Care App’s systems or otherwise in its possession or under its control.
Modification of Service or the Agreement
2.1 The Service may be made available in free or paid versions at different levels. Not all features and functionality of the Service may be available in each version or level. My Home Care App reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Service on a temporary or permanent basis, without liability to you or any third party.
2.2 My Home Care App may modify, add, or remove portions of this Agreement at any time. In the event My Home Care App determines it is necessary to make a material modification to this Agreement, you will be notified of such change and asked to affirmatively agree to such modified Agreement. Note, however, that your use of the Service after modifications to the Agreement become effective constitutes your binding acceptance of such changes. You may review the most current version of this Agreement at: https://myhomecareapp.com/terms-and-conditions.
2.3 If you are dissatisfied with the terms of this Agreement or any modifications to this Agreement or the Service, you agree that your sole and exclusive remedy is to terminate this Agreement and discontinue any use of the Service.
Usage Rights; Restrictions; Support
3.1 During the Term, My Home Care App grants you a limited, non-transferable, non-sublicensable, non-exclusive right to access and use the hosted software products and related documentation included in the Service and all modifications and/or enhancements to any of the foregoing (“Software”) via a web browser or other device owned or controlled by you for your internal business use. Nothing in this Agreement obligates My Home Care App to deliver or make available any copies of computer programs or code from the Software to you, whether in object code or source code form. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). You shall not, and shall not agree to, and shall not authorize, encourage or permit any third party to:
- Use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by My Home Care App;
- Use the Service for any fraudulent or inappropriate purpose;
- Attempt to decipher, decompile, delete, alter or reverse engineer any of the Software;
- Duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of My Home Care App;
- Use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation; or
- Rent, lease, distribute, or resell the Software, or access or use the Software or Services for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Software or displayed in connection with the Service.
3.2 My Home Care App shall: (i) provide you with basic support in connection with your use of the Service at no additional charge, and with premium support if purchased separately, (ii) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond My Home Care App’s reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Service only in accordance with Applicable Law.
3.3 My Home Care App shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. My Home Care App shall not (a) disclose your Data except as compelled by Applicable Law or as you expressly authorize in writing, or (b) access your Data except to provide the Service and prevent or address service or technical problems, or at your express request in connection with customer support matters. In the event we are compelled by Applicable Law to disclose your Data, we will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.
3.4 You are solely responsible for your Data, and all uses of your Data that occur through your account.
3.5 If you integrate with My Home Care App using our API, you must use efficient programming, which will not cause too many requests to be made in too short a period of time, as-determined solely by My Home Care App. If this occurs, My Home Care App reserves the right to throttle your API connections, or suspend or terminate your My Home Care App account.
4.1 Your subscription to the Service renews automatically for the same term selected upon initial payment (e.g., month-to-month, annual, etc.). You may change your subscription term at any time by contacting My Home Care App using one of the methods set forth in the Contact Information section below. If you are paying by credit card, your credit card will be charged once a month for monthly subscriptions and at the time your annual subscription payment has been depleted based on your number of employees and subscription of the Service. My Home Care App will email you a receipt when your card has been charged. If your card cannot be charged, My Home Care App will notify and you will need to update your payment information. In the event you do not update your payment information your access to the Service may be suspended and you will need to update your card information in order to resume use of the Service. There will be no refunds or credits for partial months of service.
4.2 All fees are exclusive of all taxes or duties imposed by governing authorities. Other than sales taxes which My Home Care App may be required to collect from you and remit to appropriate taxing authorities, you alone are responsible for payment of all such taxes or duties.
4.3 My Home Care App may at any time, upon notice of at least 90 days, or a longer period if required by Applicable Law, change the price of your subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your annual subscription period will come into effect for any subsequent annual subscription periods and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
Intellectual Property Rights
5.1 As between the parties, My Home Care App owns and shall retain all right, title and interest in and to (a) the Software and the Service, including all intellectual property rights, and (b) transactional and performance data related to your use of the Service. My Home Care App may collect, use and disclose all such transactional and performance data for its business purposes (including software use optimization and product marketing) provided that such use does not reveal your identity, any of your confidential information or any personally identifiable information that belongs to you or your employees.
5.2 You retain all right, title and ownership interest in and to your Data. My Home Care App has no right, title or interest in any personally identifiable information contained in or related to your Data.
5.3 You have no obligation to give My Home Care App any suggestions, enhancement requests, recommendations, comments or other feedback (“Feedback”) relating to the Service. To the extent you provide any Feedback to My Home Care App, My Home Care App may use and include any such Feedback to improve the Service or for any other purpose. Accordingly, if you provide Feedback, you agree that My Home Care App shall own all such Feedback and My Home Care App and its affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Service or other related technologies, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to My Home Care App.
5.4 From time to time during the Term, My Home Care App may develop, author or prepare custom documents, designs, computer programs, computer documentation and other tangible materials (“Deliverables”), in each case pursuant to a statement of work executed by you and My Home Care App. My Home Care App shall own and retain all right, title and interest in and to such Deliverables and hereby grants to you a limited, non-transferable, non-sublicensable, non-exclusive license for you to use such Deliverables for your internal use during the Term. My Home Care App may reuse any Deliverables, provided that such use does not reveal your identity or your confidential information.
6.1 Unless otherwise agreed to by you and My Home Care App, during the Term, My Home Care App may disclose your name as a customer of My Home Care App and/or subscriber of the Service, and you hereby grant My Home Care App the right to display your name, company, and logo in My Home Care App’s marketing materials and on My Home Care App’s public website, in each case in accordance with any branding guidelines you may provide to My Home Care App.
7.1 Certain features of the Site may enable users to submit, upload, post, share, or display (hereinafter, “post”) comments or content, as well as to interact with others through user comment areas, message boards, direct messages, My Home Care App’s blog, and similar user-to-user areas, as applicable (such comments and content shall be collectively referred to as “User Content”). User Content includes any comments or reviews you provide to My Home Care App about the Service but excludes all Data.
7.2 You hereby grant to My Home Care App an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Service for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to any moral rights in your User Content. If you post User Content, you represent and warrant to My Home Care App that you own or control all rights in and to such User Content and have the right to grant the rights above to My Home Care App.
Warranties and Limitations of Liability
8.1 My Home Care App represents, warrants, and covenants as follows: (a) the Service will perform substantially in accordance with the technical requirements documents that are generally provided by My Home Care App in connection with the Service (“Documentation”); and (b) any professional services performed for you by My Home Care App will be performed in a professional and workmanlike manner, with the degree of skill and care that is required by sound professional procedures and practices.
8.2 To the extent permitted by applicable law, except for the limited warranty provided above, My Home Care App hereby disclaims all other warranties of merchantability or fitness for a particular purpose with respect to the service, software, documentation, deliverables and other materials that operation of the Services will be error-free or uninterrupted.
8.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MY HOME CARE APP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY HOME CARE APP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MY HOME CARE APP, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.4 YOU AGREE THAT MY HOME CARE APP SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MY HOME CARE APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL MY HOME CARE APP’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if My Home Care App breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
9.1 External Breach: In the event of a security breach, as defined by Applicable Law, by anyone other than your employee, contractor or agent, upon discovery of such breach, My Home Care App will: (a) initiate remedial actions that are in compliance with Applicable Law and consistent with industry standards; and (b) notify you of the security breach, its nature and scope, the remedial actions My Home Care App will undertake, and the timeline within which My Home Care App expects to remedy the breach.
9.2 Internal Breach: In the event of a security breach, as defined by Applicable Law, by your employee, contractor or agent, you shall have sole responsibility for initiating remedial actions and shall notify My Home Care App immediately of the breach and steps you will take to remedy the breach.
10.1 You agree to indemnify and hold harmless My Home Care App, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by My Home Care App
Compliance with Laws; Disclaimers
11.1 Each Party shall comply with all Applicable Law in connection with its own activities under this Agreement. The Service can be configured and used in ways that do not comply with Applicable Laws and it is your sole responsibility to monitor your employees’ use and your use of the Service to ensure that such use complies with and is in accordance with Applicable Law. In no event shall My Home Care App be responsible or liable for your failure to comply with Applicable Law in connection with your use of the Service.
11.2 My Home Care App does not provide its customers with legal advice regarding compliance, data privacy or other relevant Applicable Law in the jurisdictions in which you use the Service, and any statements made by My Home Care App to you shall not constitute legal advice.
11.3 You acknowledge that My Home Care App exercises no control over your specific human resource practices implemented using the Service or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the Service. You further agree and acknowledge that My Home Care App does not have a direct relationship with your employees and that you are responsible for all contact, questions, Data updates and collection, with your employees. In addition, you are responsible for the privacy (including adopting and posting your own privacy policies governing your treatment of your employees’ Data), collection, use, retention and processing of your employees’ Data, and providing any and all notices and information to your employees regarding the foregoing, in compliance with all Applicable Laws. My Home Care App hereby disclaims all liability arising from your decisions and from harmful data or code uploaded to the Service by you and/or your employees, contractors or agents.
11.4 You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
12.1 Entire Agreement. This Agreement encompasses the entire agreement between you and My Home Care App with respect to the subject matter hereof and supersedes all prior representations, agreements and understandings, written or oral. No purchase order or other form submitted by you will modify, supersede, add to or in any way vary the terms of this Agreement.
12.2 Modification. This Agreement may only be altered, amended or modified by a written or electronic instrument executed by both parties.
12.3 No Waiver. The failure of My Home Care App to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12.4 Severabilty. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably effectuate the intention of the parties and shall not affect the validity and enforceability of any remaining provisions.
12.5 Survival. The provisions of this Agreement that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.
12.6 Assignment. You may not assign or otherwise transfer any of your rights or obligations under this Agreement without My Home Care App’s prior written consent, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment in violation of the foregoing will be null and void.
12.7 No Legal Advice; Reliance. No part of this Agreement is intended or shall be construed as legal advice. My Home Care App shall not be liable for an errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.
13.1 If you have any questions about the Service or this Agreement, you may email us at email@example.com.