Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the revised Terms.

2. Description of Service

MobiCare is a healthcare appointment scheduling and facility management platform designed for medical transport and healthcare organizations. The Service provides the following capabilities:

• Appointment Scheduling: Create, manage, and track client appointments across multiple facility locations.
• Staff Management: Invite and manage staff members, assign roles, and control access permissions within your organization.
• Multi-Branch Operations: Operate and coordinate across multiple branches or facility locations from a single organizational account.
• Client Records: Maintain organized records of clients, including contact information, appointment history, and scheduling preferences.
• Notifications: Send automated notifications to staff and clients via email and SMS regarding appointments, schedule changes, and account activity.
• Dashboard & Reporting: View operational data and metrics to manage your organization effectively.

MobiCare is a scheduling and operational management tool. It is not a medical records system, electronic health records (EHR) platform, or medical device. The Service does not provide medical advice, diagnosis, or treatment.

3. User Accounts

Account Creation: Access to MobiCare is provisioned by a facility administrator. The administrator registers the organization and invites staff members to join the platform. Individual users do not self-register; accounts are created by authorized administrators within your organization.

Password Security: You are responsible for maintaining the confidentiality of your account credentials. Passwords must meet our minimum security requirements (at least 12 characters, including uppercase letters, lowercase letters, and numeric characters). We strongly recommend enabling two-factor authentication (2FA) for additional account security.

Account Responsibility: You are responsible for all activity that occurs under your account. You agree to notify your organization’s administrator and MobiCare immediately if you become aware of any unauthorized use of your account or any other breach of security.

Account Accuracy: You agree to provide accurate, current, and complete information when your account is created and to keep your account information updated.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or any systems or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Upload or transmit viruses, malware, or any other malicious code through the Service.
• Use the Service to store or transmit content that infringes on the intellectual property rights of others.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• Share your account credentials with any other person or allow others to access the Service through your account.
• Resell, sublicense, or redistribute the Service without prior written authorization from MobiCare.
• Use automated means (bots, scrapers, crawlers, etc.) to access the Service without our prior written consent.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service.

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating access to the Service and reporting violations to law enforcement authorities.

6. Intellectual Property

The Service, including all content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, and design), is owned by MobiCare and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Data: You retain all rights to the data you and your organization input into the Service (“Customer Data”). You grant MobiCare a limited, non-exclusive license to use, process, and store Customer Data solely for the purpose of providing the Service to you. We will not sell, share, or use your Customer Data for any purpose other than delivering and improving the Service.

Feedback: If you provide suggestions, ideas, or other feedback about the Service, you grant MobiCare a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate such feedback without restriction or compensation.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBICARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF MOBICARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MOBICARE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MOBICARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MOBICARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOBICARE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE.

MobiCare is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. The Service is a scheduling and operational management tool only. You are solely responsible for compliance with all applicable healthcare laws and regulations in your use of the Service.

9. Indemnification

You agree to indemnify, defend, and hold harmless MobiCare, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any data or content you submit or transmit through the Service.

10. Termination

By You: Your organization’s administrator may terminate use of the Service at any time by contacting us at info@mobicare.app. Individual staff members may request account deactivation through their organization’s administrator.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violations of these Terms, non-payment of applicable fees, extended periods of inactivity, or conduct that we determine to be harmful to the Service, other users, or third parties.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. You may request an export of your Customer Data within thirty (30) days of termination. We may retain or delete Customer Data in accordance with our data retention policies and applicable law. Sections of these Terms that by their nature should survive termination shall survive, including Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnification, and Governing Law.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict-of-law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction and venue of such courts.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” at the top of this page and, where appropriate, notify you via the Service or by email to the address associated with your account.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.