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 support@referacare.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.
11.1 Optional Integrations. The Service may let you connect other software your organization uses, such as AxisCare (each a "Third-Party Service"). Connecting is optional, and you decide whether and when to do it.
11.2 Your Authorization. By connecting a Third-Party Service, you represent that you are authorized by your organization to connect it and to provide its access credentials to us. You authorize us to access your organization's account on that Third-Party Service on your behalf, to read information from it, and, when you instruct us to, to create or update records in it.
11.3 You Choose What Is Sent. We only create or update records in a Third-Party Service when you or another user in your organization chooses to send them. You are responsible for reviewing what you send before you send it. Once a record has been added to a Third-Party Service, we may not be able to remove or reverse it; correcting or removing it there is your responsibility.
11.4 Credentials and Access. You are responsible for the credentials you provide, the permissions they carry, and which of your users may use the integration. You can disconnect an integration at any time from your settings. If you believe the credentials have been compromised, you should also revoke them in the Third-Party Service.
11.5 Third-Party Services Are Separate. Each Third-Party Service is provided by its own vendor under its own terms and privacy policy. We are not responsible for any Third-Party Service, including its availability, security, changes to its software or API, or how it stores or uses your data. An integration may change or stop working if the Third-Party Service changes. Mentioning a Third-Party Service does not mean it endorses or is affiliated with ReferaCare.
11.6 No Protected Health Information. Section 10 applies to integrations. You must not use an integration to bring Protected Health Information into the Service or to send it from the Service.
11.7 Warranties and Liability. Integrations are part of the Service. Sections 13, 14, and 15 apply to them in full, including to any loss, corruption, duplication, or unintended change of data in a Third-Party Service arising from your use of an integration.
12.1 Optional AI Features. The Service offers optional features that use artificial intelligence (“AI Features”), such as filling in contact details from a photo of a business card, suggesting follow-up tasks from a visit or call note, checking off open tasks that a note shows are done, and picking out personal touches about a contact from your team's notes, with an idea for what to bring next time (a “Good to know” card). AI Features are off unless an administrator of your organization turns them on from the ReferaCare AI page. By turning them on, that administrator accepts this Section on behalf of your organization, and we record who turned them on and when.
12.2 Third-Party AI Service. AI Features use a third-party AI service. When they are on, the business card photo, or the visit or call note together with related information needed for the request (such as the contact's name, the titles of open tasks, and your users' past answers to suggestions), is sent to that service to produce a result. For a Good to know card, the notes your users have saved about a contact (visit and call notes, other notes, and the contact's own notes, including notes saved before AI Features were turned on), together with the contact's name and organization, are sent to that service. This happens on its own a few minutes after a note about the contact is saved, and once for your existing contacts when AI Features are turned on. We do not keep the business card photo after it has been read. The third-party AI service is provided by its own vendor under its own terms, and we are not responsible for it, including its availability or how it handles information sent to it.
12.3 Not HIPAA Compliant. ReferaCare is not HIPAA compliant, and Section 10 applies to AI Features in full. Your organization is solely responsible for all information its users enter into the Service, including visit and call notes and anything sent to the third-party AI service through AI Features.
12.4 AI Can Make Mistakes. Contact details filled in from a card, suggested follow-ups, tasks checked off for you, and the personal touches and ideas on a Good to know card may be wrong, incomplete, out of date, or unsuitable. AI results are not professional, medical, or legal advice. You are responsible for reviewing every AI result before relying on it, and you can change or undo any of them.
12.5 No Warranty and No Liability. AI Features are provided “as is” and “as available,” with no warranty of any kind. ReferaCare is not liable for any AI result, for any decision made or action taken or not taken based on one (including a follow-up missed because a task was checked off or was not suggested), or for any information your users enter or send through AI Features. Sections 13, 14, and 15 apply to AI Features in full.
12.6 Learning From Your Answers. To tailor suggestions to your organization, we save how your users answer AI suggestions, such as which ones they add, change, or dismiss, and which checked-off tasks they reopen. We use those answers only for your organization and never share them with other organizations. An administrator can clear them at any time with Start fresh on the ReferaCare AI page. When a user removes something from a Good to know card, we also remember what was removed so it is not added back.
12.7 Turning AI Features Off. An administrator can turn AI Features off at any time on the ReferaCare AI page. Once they are off, nothing new is sent to the third-party AI service. We may change, limit, or stop offering AI Features at any time.
12.8 Changes and New AI Features. We may change how AI Features work at any time, including the AI service used, the instructions it is given, and the information sent to it, and we may add new AI Features. Turning AI Features on is an ongoing acceptance: this Section, as updated, applies to every change and every new AI Feature for as long as AI Features are on, and your organization does not need to accept again. An administrator who does not agree to a change can turn AI Features off at any time on the ReferaCare AI page.
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.
16.1 By You. You may terminate your account at any time by contacting us at support@referacare.com. Termination does not entitle you to any refund of prepaid fees.
16.2 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.
16.3 Effect of Termination. Upon termination, your right to access the Service ceases immediately. Sections 6, 7, 10, 11, 12, 13, 14, 15, 17, and 18 shall survive termination.
17.1 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.
17.2 Informal Resolution. Before initiating formal proceedings, you agree to first contact us at support@referacare.com and attempt to resolve the dispute informally for at least 30 days.
17.3 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.
17.4 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.
17.5 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.
18.1 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.
18.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
18.4 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.
18.5 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.
18.6 Emails From ReferaCare. We send the emails needed to run your account, such as sign-up confirmations, password resets, trial and billing notices, and the notices described in Section 18.5. We also send each user a weekly summary of their organization's activity in the Service, as described in Section 8.6 of the Privacy Policy. It is on for every user unless they turn it off. Any user can stop it at any time with the Unsubscribe link in the email or in Settings → Notifications. When an administrator adds a team member, the administrator confirms that the email address given is that person's own address for work.
We reserve the right to modify these Terms at any time. When we make material changes, we will let you know by email or with a notice within the Service. Revised Terms take effect when posted, unless we state a later date. Your continued use of the Service after that 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: