Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the CareBeacon mobile and web applications, web portal, and related services (collectively, the “Service”) provided by Carebeacon, LLC, an Indiana limited liability company (“CareBeacon,” “we,” “our,” or “us”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
- Acceptance & Eligibility
- Description of the Service
- Accounts & Security
- HIPAA & PHI
- Healthcare Disclaimer
- Acceptable Use
- Customer Content & License
- Subscriptions, Fees & Payment
- Term & Termination
- Intellectual Property
- Third-Party Services
- Warranty Disclaimers
- Limitation of Liability
- Indemnification
- Governing Law & Dispute Resolution
- Changes to These Terms
- General Provisions
- Contact
1. Acceptance & Eligibility
You may use the Service only if you can form a binding contract with CareBeacon and are not barred from doing so under any applicable law. If you are using the Service on behalf of an organization (such as a healthcare provider, home health agency, hospice, or similar entity), you represent that you have authority to bind that organization to these Terms, in which case “you” and “your” refer to that organization.
The Service is intended for individuals 18 years of age or older, except that minors may appear as patients or authorized contacts under the consent of a parent, guardian, or healthcare proxy with legal authority to provide such consent.
2. Description of the Service
CareBeacon provides software tools for care teams, patients, and authorized family members and proxies, including secure messaging, scheduling, visit tracking, navigation to patient locations, audio/video calling, document sharing, electronic visit verification reporting, and related coordination features. Specific features available to you depend on your subscription, your organization’s configuration, and your assigned role.
3. Accounts & Security
You agree to:
- Provide accurate, current, and complete information when registering;
- Keep your authentication credentials (including passwords and one-time codes sent by SMS) confidential;
- Notify us immediately at support@carebeacon.us if you suspect any unauthorized use of your account;
- Be responsible for all activities that occur under your account.
We may suspend or terminate your account if we believe your credentials have been compromised or your account is being used in violation of these Terms.
4. HIPAA & Protected Health Information
CareBeacon acts as a “Business Associate” as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”) when it processes Protected Health Information (“PHI”) on behalf of a Covered Entity customer. Customers that are Covered Entities or Business Associates must enter into a separate Business Associate Agreement (“BAA”) with CareBeacon before using the Service to transmit, store, or process PHI. In the event of any conflict between these Terms and an executed BAA with respect to PHI, the BAA governs.
Patients, family members, and other end users are not parties to the BAA; their use of the Service is governed by these Terms and the Privacy Policy.
5. Healthcare Disclaimer
The Service is not medical advice and is not a medical device. CareBeacon does not provide diagnosis, treatment recommendations, or clinical decision support. Information shared through the Service is provided by users (clinicians, patients, family members, and others) and is not independently verified by us. You should not rely on the Service for any decision that requires professional medical judgment.
The Service is not intended for emergencies. Messages, alerts, and calls sent through the Service may be delayed, undelivered, or unread. Do not use CareBeacon to report or respond to medical emergencies. In an emergency, call 911 (or your local emergency number) immediately and follow your organization’s emergency procedures.
6. Acceptable Use
You agree not to:
- Use the Service in violation of any applicable law, regulation, or contractual obligation, including HIPAA, the HITECH Act, and state privacy laws;
- Upload or transmit PHI without legal authority or, where applicable, without a BAA in place;
- Impersonate any person or misrepresent your affiliation with any organization;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Service, other accounts, or our systems and networks;
- Probe, scan, or test the vulnerability of the Service except under a written authorization from CareBeacon;
- Reverse engineer, decompile, or attempt to derive source code from the Service, except as permitted by law;
- Use the Service to send unsolicited commercial messages, malware, or harmful content;
- Resell, sublicense, or commercially exploit the Service without our prior written consent.
7. Customer Content & License
As between you and CareBeacon, you retain all rights in the content you and your users submit to the Service, including PHI (“Customer Content”). You grant CareBeacon a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use Customer Content solely to operate, secure, support, and improve the Service for you, in accordance with these Terms, the Privacy Policy, and any applicable BAA. We do not sell Customer Content.
8. Subscriptions, Fees & Payment
Paid subscriptions are governed by the Order Form, Master Subscription Agreement, or similar ordering document you execute with us. In the absence of a separate written agreement, paid customers agree to the following: fees are billed in advance on the subscription cadence stated at sign-up; per-active-patient charges, where applicable, are calculated daily and prorated; unpaid amounts more than thirty (30) days past due may result in suspension or termination of the Service. Except as required by law or expressly stated otherwise, fees are non-refundable.
9. Term & Termination
These Terms remain in effect for as long as you use the Service. Either party may terminate at any time by providing notice and, for paid customers, in accordance with the Order Form or Master Subscription Agreement. We may suspend or terminate your access immediately for material breach of these Terms, suspected unauthorized use, or to protect the security or integrity of the Service.
Upon termination, we will make Customer Content available for export for a reasonable period (typically thirty (30) days) and will thereafter delete or de-identify Customer Content in accordance with the Privacy Policy and any applicable BAA, except where retention is required by law.
10. Intellectual Property
The Service, including all software, designs, trademarks, and content provided by CareBeacon (excluding Customer Content), is owned by CareBeacon and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.
If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction.
11. Third-Party Services
The Service relies on third-party providers (including Google Firebase, Google Maps, Mapbox, SendGrid, Twilio, Expo, and others) to deliver functionality such as authentication, mapping, messaging, and notifications. Your use of the Service is also subject to those providers’ terms with respect to their portions of the functionality. We are not responsible for the acts or omissions of third-party providers except to the extent required under applicable BAAs or other written agreements with us.
12. Warranty Disclaimers
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, CareBeacon disclaims all warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that the Service will meet your requirements or that messages and alerts will be delivered without delay or failure.
13. Limitation of Liability
To the fullest extent permitted by law, and except for liability that cannot be limited under applicable law (including, where applicable, breach of confidentiality or BAA obligations, and indemnification obligations):
- Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages;
- Each party’s aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees paid or payable by you to CareBeacon in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
14. Indemnification
You agree to defend, indemnify, and hold harmless CareBeacon and its officers, directors, 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 violation of these Terms or applicable law; (b) your use of the Service in a manner not authorized by these Terms or any applicable BAA; or (c) Customer Content you submit, including any claim that it infringes the rights of a third party or was submitted without legal authority.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by good-faith discussion for thirty (30) days after written notice. If the dispute is not resolved, the exclusive venue for any action arising out of or relating to these Terms will be the state or federal courts located in Marion County, Indiana, and each party consents to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes. If you do not agree to the changes, you must stop using the Service.
17. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy and any executed Order Form, Master Subscription Agreement, or BAA, constitute the entire agreement between you and CareBeacon regarding the Service.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
Force Majeure. Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control.
18. Contact
For questions about these Terms, please contact us at: