These Terms of Use ("Terms") constitute a legally binding agreement between you or the organization you represent ("Customer," "you," or "your") and ReferaCare ("we," "us," or "our") governing your access to and use of the ReferaCare referral CRM platform and all associated services (collectively, the "Service").
By registering for an account, clicking "I agree," or otherwise accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
The Service is intended solely for lawful business use by senior service organizations operating within the United States, including but not limited to home care agencies, home health agencies, hospice providers, skilled nursing facilities (SNFs), assisted living facilities, and related senior care businesses ("Permitted Businesses").
You must be at least 18 years of age and have the legal capacity to enter into contracts. The Service is not available to individuals, consumers, or businesses that are not Permitted Businesses, except with our express written consent.
3.1 You must provide accurate, complete, and current information when creating an account. You agree to maintain and promptly update this information.
3.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must immediately notify us at eladbanai@gmail.com of any unauthorized use or suspected breach.
3.3 You may not share your account credentials with any third party or allow multiple individuals to use a single account login. Each user within your organization must have their own account.
3.4 We reserve the right to suspend or terminate accounts we reasonably suspect have been compromised or are being used in violation of these Terms.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations as a Permitted Business. This license does not include any right to:
You agree not to use the Service to:
6.1 Ownership. You retain full ownership of all data, records, and content you enter into the Service ("Customer Data"). We claim no intellectual property rights in your Customer Data.
6.2 License to Us. You grant us a limited, non-exclusive license to access, process, store, and display your Customer Data solely to provide and operate the Service for your benefit.
6.3 Accuracy. You are solely responsible for the accuracy, quality, and legality of all Customer Data you enter. We do not verify the accuracy of any information you input and are not liable for any decisions you make based on data in the Service.
6.4 Data Export. You may request an export of your Customer Data at any time. Upon termination, we will make your data available for export for 30 days, after which it may be permanently deleted.
The Service, including its software, design, features, algorithms, and all content created by us, is owned by ReferaCare and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you except the limited license described in Section 4.
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an irrevocable, royalty-free, worldwide license to use that feedback without any obligation to you.
If the Service is offered on a paid basis, the applicable fees, payment terms, and billing cycle will be described in a separate order form or pricing page. We reserve the right to change pricing upon at least 30 days' written notice. Continued use of the Service after a price change constitutes your acceptance of the new pricing. All fees are non-refundable except as expressly stated or required by law.
We strive to maintain Service availability but do not guarantee uninterrupted, error-free operation. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
We may update or modify the Service at any time to improve functionality, security, or compliance. Material changes that affect your use of the Service will be communicated via the Service or by email.
ReferaCare is not a HIPAA Business Associate and does not provide a HIPAA-compliant environment.
The Service is designed exclusively for referral relationship management and marketing activity tracking. It is not intended to store, process, or transmit Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health (HITECH) Act.
You must not enter any PHI into the Service, including but not limited to: full patient names paired with diagnoses, treatment details, insurance information, Social Security numbers, Medicare/Medicaid numbers, or any other information that could identify an individual in connection with their health condition or healthcare.
You acknowledge and agree that you are solely responsible for ensuring your use of the Service complies with HIPAA, state privacy laws, and all other regulations applicable to your organization. We do not sign Business Associate Agreements (BAAs) and entering PHI in violation of this section constitutes a material breach of these Terms.
The service is provided "as is" and "as available," without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any data entered into or retrieved from the Service is accurate, complete, or reliable. You assume full responsibility for your reliance on the Service and its outputs.
No advice or information, whether oral or written, obtained from us or through the Service shall create any warranty not expressly stated in these Terms.
To the maximum extent permitted by applicable law, in no event shall ReferaCare, its owners, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, business, or other intangible losses, arising out of or related to your use of or inability to use the service, even if we have been advised of the possibility of such damages.
Our total cumulative liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless ReferaCare and its owners, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of a third party.
14.1 By You. You may terminate your account at any time by contacting us at eladbanai@gmail.com. Termination does not entitle you to any refund of prepaid fees.
14.2 By Us. We may suspend or terminate your account immediately, without prior notice or liability, if we determine in our sole discretion that you have violated these Terms, or for any other reason, including but not limited to non-payment, prolonged inactivity, or legal requirements. We will provide reasonable notice of termination where feasible.
14.3 Effect of Termination. Upon termination, your right to access the Service ceases immediately. Sections 6, 7, 10, 11, 12, 13, 15, and 16 shall survive termination.
15.1 Governing Law. These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
15.2 Informal Resolution. Before initiating formal proceedings, you agree to first contact us at eladbanai@gmail.com and attempt to resolve the dispute informally for at least 30 days.
15.3 Binding Arbitration. If the dispute is not resolved informally, you and ReferaCare agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding arbitration, rather than in court, in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules. The arbitration shall be conducted in Texas (or via remote hearing). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.4 Class Action Waiver. You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
15.5 Exceptions. Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction in Texas to prevent imminent harm, including unauthorized use of intellectual property.
16.1 Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and ReferaCare regarding the Service and supersede all prior agreements, communications, and understandings.
16.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
16.4 Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms at any time without restriction.
16.5 Notices. We may provide notices to you via email to the address on your account or by posting within the Service. You should ensure your account email address is current.
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or a prominent notice within the Service at least 14 days before the new Terms take effect. Your continued use of the Service after the effective date constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.
For any questions about these Terms, please contact us at: