CareNest Terms of Service

Version 1, effective October 2026. We will notify customers of any changes.

1. Agreement and key terms

These Terms of Service ("Terms") are an agreement between CareNest LLC, a California limited liability company ("CareNest," "we," "us"), and the business that signs up for CareNest ("Customer," "you"). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of your business. If you do not agree, do not use the Service.

Key terms

• Service means the CareNest software available at mycarenest.app, including the web and mobile app, family-signing and family-portal pages, and related support.
• Facility means each licensed Residential Care Facility for the Elderly (or similar licensed care home) you manage in the Service.
• Authorized Users means your owners, administrators, staff and caregivers to whom you give access.
• Customer Data means all information you or your Authorized Users enter into or upload to the Service, including Resident Information.
• Resident Information means information about residents, their families and responsible parties, including health, medication, billing and identification information.
• Business Associate Agreement ("BAA") means the separate agreement described in Section 5 that governs Protected Health Information under HIPAA, where HIPAA applies.

2. Accounts, users and roles

• You must provide accurate account information and keep it current.
• You decide who your Authorized Users are and what role each one has (for example owner, administrator, caregiver or read-only). You are responsible for their actions in the Service and for removing access promptly when someone leaves.
• Each Authorized User must have their own login. Sharing logins is not allowed, because it breaks the audit trail that licensing records depend on.
• Keep passwords confidential. Tell us right away at support@mycarenest.app if you believe an account has been compromised.
• Family members and responsible parties who sign documents or use the family portal through links you send are not Authorized Users, but you are responsible for sending those links to the right people.

3. Plans, billing and cancellation

• Fees. The Service is priced per Facility per month, as shown on your order or in the app at sign-up. Founding or portfolio pricing applies only if stated in writing.
• Monthly plans renew automatically each month. You may cancel a monthly plan at any time; cancellation takes effect at the end of the current paid month, and we do not charge for later months.
• Annual plans are optional and prepaid for 12 months, usually at a discount. They renew for another year unless you cancel before the renewal date. Annual fees are not refundable for the remaining months if you cancel early, unless we terminate the Service without cause or the law requires a refund.
• Payment. You authorize us and our payment processor to charge your payment method on each renewal. If a payment fails, we will notify you; if it remains unpaid for 15 days, we may suspend access after written notice. Suspension does not delete your data.
• Price changes. We will give at least 30 days' notice of any price increase. Founding rates described as "locked for life" will not increase while your subscription stays active.
• Taxes. Fees exclude taxes, which you pay where applicable.

4. Your responsibilities, including clinical decisions

CareNest is a record-keeping and administrative tool. It does not provide medical, nursing, pharmacy, legal or licensing advice, and it does not replace professional judgment. Specifically:

• You and your staff remain solely responsible for resident care, including administering medications, following physician orders, responding to changes in condition, and meeting the requirements of California Code of Regulations, Title 22, and any other law that applies to your Facility.
• You are responsible for checking that what is entered in the Service (including medication orders, doses, times and allergies) is accurate and complete, and for reviewing anything the Service fills in automatically before relying on it.
• State forms in the Service are provided for convenience. You are responsible for confirming you are using the version and content your licensing agency requires.
• You must have a lawful basis to enter Resident Information into the Service and to send it to family members or others through the Service, including any consents or authorizations required by law.
• If the Service is unavailable, you must have a backup process (for example printed MARs) so resident care is never interrupted.

5. Health information, your data and AI features

• You own Customer Data. We use it only to provide, secure, support and improve the Service for you, as described in our Privacy Policy and any BAA. We do not sell Customer Data or Resident Information, and we do not use it for advertising.
• Business Associate Agreement. Where your Facility is a covered entity under HIPAA, we will sign our standard BAA with you on request, and it controls how we handle Protected Health Information. Where HIPAA does not apply, we still protect Resident Information as medical information under California law, including the Confidentiality of Medical Information Act.
• Separation between customers. Each customer's data is kept separate, and other customers cannot access it. You will not attempt to access another customer's data.
• AI features. Some optional features use artificial intelligence, currently document scanning and form auto-fill, and on-demand translation. AI output can be wrong or incomplete. You must review AI-generated content before saving or relying on it, and you remain responsible for the final record. Information sent to AI providers for these features is used only to perform the feature, under terms that prohibit using it to train their models.
• Aggregated data. We may use de-identified, aggregated information that cannot identify you, your Facility, or any person (for example, overall usage counts) to operate and improve the Service.

6. Acceptable use, availability and changes

You will not:

• use the Service for any unlawful purpose, or to store information you have no right to store;
• try to access accounts, data or systems that are not yours, or probe, scan or test the Service's security without our written permission;
• upload malware or interfere with the Service's operation;
• copy, resell or reverse-engineer the Service, or use it to build a competing product.

Availability. We work to keep the Service available and back up data daily, but the Service may sometimes be unavailable for maintenance or reasons outside our control. We will try to give advance notice of planned maintenance.

Support. We provide support by support@mycarenest.app and (949) 994-2900, Monday through Friday, 10 AM to 4 PM Pacific.

Changes to the Service. We may improve or change features. We will not remove a core feature you rely on (resident records, medication records, billing, or state forms) without at least 30 days' notice.

Changes to these Terms. We will give at least 30 days' notice of material changes by email or in the app. Continuing to use the Service after the change means you accept it; if you do not, you may cancel.

7. Termination and getting your data

• You may cancel as described in Section 3.
• We may suspend or terminate your account if you materially breach these Terms and do not fix the breach within 15 days of notice, or immediately if needed to protect the Service, other customers or residents' information.
• Data export. For 30 days after cancellation or termination, you may export your Customer Data, including resident records, medication records, signed documents and billing history, in a standard format. Ask us during that window and we will help.
• Deletion. After the 30-day window, we delete Customer Data from the active Service. Copies in encrypted backups are deleted on the normal backup cycle, within 90 days. We may keep data longer only where the law requires it, and it stays protected while kept.
• Your record-keeping duties continue. California requires facilities to keep certain resident records for set periods. Exporting and keeping your records after you leave CareNest is your responsibility.
• Sections 4, 5, 8 and any unpaid fees survive termination.

8. Disclaimers, liability and general terms

Disclaimer. Except as stated in these Terms, the Service is provided "as is" and "as available." To the extent the law allows, we disclaim implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be error-free or uninterrupted.

Limitation of liability. To the extent the law allows:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue;
• each party's total liability arising from these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, to either party's indemnity obligations, to a party's gross negligence or willful misconduct, or to liability that cannot be limited by law.

Indemnity.

• We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property, and pay resulting damages awarded.
• You will defend us against third-party claims arising from resident care at your Facility, from Customer Data you had no right to enter or share, or from your breach of these Terms.

General.

• Governing law and venue: California law; courts in Orange County, California.
• Notices to us: 2100 Ball Road, Anaheim, California, and support@mycarenest.app. Notices to you: the email on your account.
• Assignment: neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all assets.
• Entire agreement: these Terms, your order, the Privacy Policy and any BAA are the entire agreement. If they conflict on health information, the BAA controls.
• Severability and waiver: if a provision is unenforceable, the rest stays in effect; not enforcing a provision is not a waiver.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control.

Contact: CareNest LLC, 2100 Ball Road, Anaheim, California, support@mycarenest.app, (949) 994-2900.