CAREOPSHQ

TERMS OF SERVICE

Workforce Management Platform
Effective Date: May 1, 2025

CareOpsHQ LLC  •  United States  • legal@careopsHQ.com

IMPORTANT NOTICE: THIS PLATFORM IS NOT DESIGNED FOR, AND MUST NOT BE USED TO STORE, TRANSMIT, OR PROCESS PATIENT HEALTH INFORMATION (PHI). CAREOPS HQ LLC IS A WORKFORCE MANAGEMENT PLATFORM. BY USING THIS PLATFORM, YOU AGREE TO THESE TERMS IN FULL.

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”) and CareOpsHQ LLC (“CareOpsHQ,” “we,” “our,” or “us”), governing your access to and use of the CareOpsHQ platform, including all related websites, mobile applications, AI voice tools, applicant tracking system, job board, caregiver pool, training modules, and services (collectively, the “Platform”).

By creating an account, accessing, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Platform.

These Terms apply to all users, including caregivers, nurses, home care agencies, hospice organizations, assisted living facilities, nursing homes, hospitals, and staffing agencies.

2. Nature of the Platform — Workforce Management Only

2.1 Workforce Management Purpose

CareOpsHQ is exclusively a workforce management and healthcare staffing recruitment platform. The Platform is designed solely to facilitate:

2.2 Not a Clinical or Patient Management Platform

CareOpsHQ is NOT a clinical management system, electronic health record (EHR), patient portal, care coordination platform, or any tool designed to manage, store, or process patient health information. The Platform does not provide clinical services, medical advice, or patient care coordination.

2.3 HIPAA Non-Applicability

Because CareOpsHQ does not collect, process, store, or transmit Protected Health Information (PHI) as defined under HIPAA, the Platform is designed and operated as a general workforce management tool governed by employment and privacy law. However, Users who are themselves HIPAA Covered Entities remain independently responsible for their own HIPAA compliance obligations and must not use this Platform in any manner that would cause CareOpsHQ to receive or store PHI.

3. Prohibited Data — Patient Information Strictly Prohibited

3.1 Absolute Prohibition on Patient Health Information

You are STRICTLY PROHIBITED from entering, uploading, transmitting, or storing any of the following on or through the Platform:

3.2 Permitted Workforce Data Only

You may only enter information directly related to workforce management, including:

3.3 Job Postings Must Not Identify Patients

Job postings must describe the position in general terms only. Postings must not include any information that identifies or could identify a specific patient or care recipient. References to general care needs or required skills are permitted; references to specific individuals are not.

3.4 Consequences of Prohibited Data Entry

CareOpsHQ reserves the right to immediately suspend or terminate access to any user found to have entered prohibited patient information. Users who violate this prohibition assume full legal liability for any resulting harm, regulatory penalties, or legal claims.

4. AI Voice Agent — Workforce Use Only

4.1 Permitted Use

The AI voice features are designed exclusively for workforce management activities including caregiver recruitment, credential follow-up, scheduling coordination, and applicant communication.

4.2 Disclosure of AI Communication

All outbound AI voice calls will identify themselves as automated AI communications. Users may not configure AI voice features to misrepresent the nature of the communication or impersonate a human caller in violation of applicable law, including the Telephone Consumer Protection Act (TCPA).

4.3 Prohibition on Patient Discussion

AI voice features must not be used to collect, discuss, or communicate any patient health information. CareOpsHQ is not responsible for PHI inadvertently disclosed by third parties during AI-assisted calls.

4.4 Call Recording and Consent

Calls may be recorded for quality assurance. By using AI voice features, you confirm that you have obtained all legally required consents from call recipients in your jurisdiction, including compliance with applicable state call recording laws.

5. User Obligations and Representations

5.1 All Users Represent and Warrant That:

5.2 Healthcare Employer Users Additionally Represent That:

6. Data, Privacy, and Security

6.1 Data We Collect

CareOpsHQ collects only workforce-related data necessary to operate the Platform, including account information, professional credentials, employment history, job postings, training records, and platform usage data. We do not collect, and you must not submit, any patient health information.

6.2 Data Security

CareOpsHQ implements industry-standard security measures including encrypted data transmission using TLS protocols, access controls, and secure data storage. No security system is impenetrable. You use the Platform at your own risk and are responsible for maintaining your account credential security.

6.3 No HIPAA Business Associate Agreement

Because this Platform must not be used to handle PHI, CareOpsHQ does not enter into HIPAA Business Associate Agreements with Platform users. If your organization requires a BAA from its vendors, that requirement signals intent to use the Platform for PHI-related purposes, which is expressly prohibited by these Terms.

7. Intellectual Property

The Platform and all content, features, software, algorithms, and AI tools are owned by CareOpsHQ LLC and protected by U.S. and international intellectual property laws. Users retain ownership of data they submit but grant CareOpsHQ a limited license to use that data to provide and improve Platform services.

8. Disclaimers and Limitation of Liability

8.1 No Guarantees

THE PLATFORM IS PROVIDED “AS IS.” CAREOPS HQ MAKES NO WARRANTY THAT THE PLATFORM WILL RESULT IN SUCCESSFUL HIRING OUTCOMES OR ANY SPECIFIC WORKFORCE RESULT.

8.2 No HIPAA Compliance Guarantee

CAREOPS HQ MAKES NO REPRESENTATION THAT USE OF THE PLATFORM SATISFIES ANY USER’S HIPAA OR OTHER REGULATORY COMPLIANCE OBLIGATIONS. USERS REMAIN SOLELY RESPONSIBLE FOR THEIR OWN REGULATORY COMPLIANCE.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREOPS HQ LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REGULATORY FINES OR LEGAL CLAIMS RESULTING FROM A USER’S UNAUTHORIZED ENTRY OF PATIENT HEALTH INFORMATION.

8.4 Indemnification

You agree to indemnify and hold harmless CareOpsHQ LLC from any claims, damages, or expenses arising from your violation of these Terms, including unauthorized submission of patient health information.

9. Termination

CareOpsHQ reserves the right to suspend or terminate any account immediately for violation of these Terms, including entry of prohibited patient health information. You may terminate your account at any time by contacting legal@careopsHQ.com.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Maryland. Disputes shall first be submitted to good-faith mediation, then to binding arbitration under American Arbitration Association rules conducted in Maryland.

11. Modifications to These Terms

CareOpsHQ reserves the right to modify these Terms at any time. We will provide notice of material changes by email and by posting updated Terms on the Platform. Continued use after the effective date constitutes acceptance of the revised Terms.

12. Contact Information

For questions about these Terms or to report a suspected violation:

CareOpsHQ LLC — Legal and Compliance Department
Email: legal@careopsHQ.com
Privacy: privacy@careopsHQ.com
Website: www.careopsHQ.com

Effective Date: May 1, 2025

CareOpsHQ LLC  •  All Rights Reserved