HomeCare-Force Terms of Service

Effective date: the effective date shown for this version on this page.

These Terms of Service ("Terms") are an agreement between Jonathan Keys, an individual doing business as HomeCare Force, 2450 Stonehaven Drive, Avon, IN 46123 ("HomeCare-Force," "HCF," "we," "us"), and the agency or organization that creates an account ("Customer," "Agency," "you"), and they also apply to each person who uses HCF ("User"). By creating an account, clicking to accept, or using HCF, you agree to these Terms. If you accept on behalf of an Agency, you confirm you are authorized to bind it. HCF is not yet a company or other legal entity: Jonathan Keys is personally the provider (Section 20 explains how the business may later move to a company he forms).

1. The service

HCF provides web software for home-care agencies, currently including CareReady (caregiver hiring and onboarding packets, including tax and employment-eligibility forms and electronic signatures) and SurveyReady (training and in-service course delivery, tests, competency checklists, and training records), plus related notifications (the "Service"). This first rollout covers only CareReady and SurveyReady, for caregiver and employee compliance records. Other modules shown on our website or present in the software (for example, VisitReady, PhoneReady, RevenueGuard, payroll features) are not part of the Service for this rollout, are not covered by these Terms, and must not be used unless HCF enables them for the Agency in a signed written addendum. HCF does not provide electronic visit verification (EVV) to Indiana Medicaid or any state system, payroll processing, background checks, legal, tax, medical or clinical advice.

2. Early-stage software; no client PHI

HCF is early-stage software. HCF does not claim that the Service, or any agency that uses it, is HIPAA-compliant, Indiana-compliant, or certified by anyone. The Agency must not enter client or patient information into the Service. That includes client names, addresses, phone numbers, dates of birth, diagnoses, care plans, care or visit notes, incident details, photos or scans of client documents, state survey reports or statements of deficiencies that name clients unless every client name and identifier is removed first, and any other protected health information ("PHI") — in any field, note, upload, packet, support request or AI feature. The Service is for caregiver and employee compliance records. There is no Business Associate Agreement ("BAA") in this rollout, and HCF does not accept client PHI. The Agency must use only synthetic or test data for anything that could identify a client. Real client data may enter HCF only after all of these are true: (a) a BAA between HCF and the Agency, covering the modules and data concerned, is signed by both parties; (b) the agreements between HCF and its vendors that would process that PHI are signed; (c) HCF confirms (a) and (b) in writing; and (d) any module beyond CareReady and SurveyReady is enabled in a signed written addendum. These Terms do not promise that HCF will offer or sign such a BAA. Real caregiver onboarding data (for example Social Security numbers, Forms W-4 and I-9, identity documents) and caregiver health-related records may be entered only after the Agency and HCF both sign a Real Onboarding Data Addendum (or an order form that includes one) naming the data types and the approximate number of caregivers. Until then, use synthetic or test data for them. The addendum never permits client information or PHI. Caregiver health-related records (TB tests, vaccinations, injury records) may be stored, but the default is that the Agency enters dates and pass/fail (cleared / not cleared) results only. The Agency uploads only what it needs and does not enter clinical detail (diagnoses, test readings or values beyond the result, treatment, injury narratives or medical notes). Unresolved: whether caregiver health records are PHI when HCF holds them as a vendor is not settled. 45 CFR 160.103 excludes employment records a covered entity holds in its role as employer; that describes the Agency's records, not necessarily HCF's position as a vendor. HCF has not concluded how it applies and treats these records with care either way. If client information is entered by mistake, the Agency will tell HCF promptly at homecareforce2@gmail.com, stop entering it, and cooperate in deleting it. HCF's tools try to detect some obvious personal data but cannot detect everything, and the Agency remains responsible for what it enters. Features may change or be removed, and the Service may be unavailable.

3. Accounts and security

You must provide accurate information, keep credentials confidential, use multi-factor authentication where required, and promptly tell us at homecareforce2@gmail.com about any unauthorized use. The Agency is responsible for its Users, roles and permissions, and for activity under its account. Users must be at least 18 years old.

3A. HomeCare Force staff access

A small number of authorized HCF staff can open HCF's internal support tools, by role (owner, administrator, support, view-only). Every staff account must sign in with multi-factor authentication, and staff support actions on an Agency's account (notes, contact records, password reset emails) are logged. These tools show the Agency's account status and summary counts; they are not used to read caregiver onboarding answers, Social Security numbers or documents, and staff access Customer Data only when needed to support, secure or fix the Service. Staff never see or set a User's password: when the Agency's account owner needs help signing in, an HCF owner or administrator can send a password reset email, which goes only to that owner's own email address.

4. Agency responsibilities and HIPAA posture

• The Agency is responsible for its compliance with laws that apply to it, including employment law (Forms W-4 and I-9), state licensing rules (including Indiana IC 16-27-4 and 410 IAC 17 where applicable), Medicaid and EVV requirements, and HIPAA.
• Whether the Agency is a HIPAA covered entity is the Agency's decision. Because there is no BAA in this rollout, HCF does not agree to hold PHI, and the Agency must not enter any (Section 2). If a BAA is signed later (a separate agreement, Section 2), HCF acts as the Agency's business associate only for PHI covered by that BAA, and the BAA controls over these Terms for that PHI.
• The Agency must have all notices, consents and authorizations needed to give HCF the data it enters, including consent from caregivers to receive text messages.
• The Agency decides what training, documents and competency evaluations are required and whether they meet any law. HCF records and tracks; it does not certify compliance.

5. Customer data

"Customer Data" means data the Agency or its Users submit to the Service. As between the parties, the Agency owns Customer Data. The Agency grants HCF a limited license to host, process and display Customer Data only to provide, secure and support the Service, to comply with law, and as described in our Privacy Policy (published at /privacy on our website). HCF may create aggregated or de-identified data that does not identify the Agency or any individual and use it to improve the Service, subject to any BAA. HCF will not sell Customer Data or use it to train AI models.

6. Security

HCF will use reasonable administrative, technical and physical safeguards for Customer Data, which are intended to include encryption in transit, access controls, audit records of some actions. Agency owners, administrators and staff must sign in with multi-factor authentication to use the agency workspace. The database rejects most staff requests that were not made with MFA, and the application checks the rest. Caregivers and employees sign in with a verified email link and are not asked for multi-factor authentication. HCF designs the Service to store Social Security numbers encrypted. HCF has built these safeguards for the first rollout, and their status on the effective date of this version is: a server-side module gate that keeps agencies out of modules not enabled for them (live); a single AI kill switch for AI features (live, with AI features turned off for every agency); notices in the product next to free-text fields telling users not to enter client information (live); an upload confirmation before files are accepted (live for most uploads; a few SurveyReady course and assessment uploads, which feed AI features that are turned off, do not show it yet); and a purge job that deletes uploaded files after a retention period (built but not running: until HCF sets the retention period and turns it on, uploaded files are deleted manually on request). HCF may change how a safeguard works but will not turn off the module gate or turn on AI features for the Agency without telling it first. HCF has no independent security audit or certification (no SOC 2, no HIPAA attestation) and does not guarantee that Customer Data will never be accessed, lost or disclosed. HCF will tell the Agency about a security incident affecting its Customer Data without unreasonable delay and, where it can, within 7 calendar days after HCF confirms it, and in any event within the periods required by law or by a signed BAA. These are HCF's own commitments. The law sets outer limits that may also apply (for example 45 CFR 164.410 for business associates, 60 days, and IC 24-4.9-3-3 for notice to Indiana residents, 45 days), and nothing here replaces a duty the law imposes.

7. AI features

The Agency must not use AI document features with real data for now (HCF decision, Oct 23, 2026). These are features that read an uploaded file or scan: reading text from scanned course uploads, assessment drafting and import, form-template PDF analysis and, if it is ever enabled for an Agency, packet import. HCF's AI kill switch is live and AI features are turned off for every agency. HCF will not turn them on for the Agency without telling it in writing first; even then, the Agency must not use AI document features with real data until HCF confirms in writing that they may be. Do not rely on any single setting to keep documents from the AI provider. HCF's AI provider today is OpenAI. Other AI features that work from typed text (such as "Draft with AI" and rich-content drafting) also send what you type to OpenAI; the Agency must not submit client information, PHI or other personal data to any AI feature. If an AI document feature is ever turned on for the Agency, scanned pages or PDFs are sent to OpenAI. HCF's filters try to detect obvious patterns (emails, phone numbers, SSN formats, labelled record, member or date-of-birth fields, "client name: First Last") in some AI features (SurveyReady drafting; not CareReady rich-content drafting or form-template PDF analysis) but cannot reliably detect addresses, unlabelled names, diagnoses or care notes, and do not inspect scanned images before they are read. OpenAI states that data sent to its API is not used to train its models unless the customer opts in, and that abuse-monitoring logs are kept up to 30 days by default (developers.openai.com/api/docs/guides/your-data, checked Oct 23, 2026); HCF asks OpenAI not to store responses (store:false). AI output may be inaccurate, incomplete or out of date and may cite rules incorrectly. All AI output is a draft that the Agency must review and approve before use. HCF makes no representation that AI-drafted or HCF-provided training content satisfies any state or federal training, in-service, or survey requirement.

8. Text messages and communications

The Agency may use HCF to send service text messages to caregivers. The Agency represents that it has obtained each recipient's prior express consent as required by the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable rules, and will honor opt-outs. HCF messages identify the sender, include opt-out instructions (reply STOP) and do not contain client names or health details. The Agency will not use HCF to send marketing texts. HCF may suspend messaging that it believes violates law or carrier rules.

9. Acceptable use

You will not, and will not allow anyone to: (a) enter client information or PHI in the Service (Section 2); (b) upload unlawful, infringing, or malicious content; (c) attempt to access another agency's data or bypass security, MFA or rate limits; (d) probe, scan or load-test the Service without permission; (e) reverse engineer the Service except as law allows; (f) resell or provide the Service to third parties; (g) use the Service to discriminate unlawfully in hiring or employment; (h) use the Service to send spam or unsolicited messages; (i) submit client information or other personal data to AI features; or (j) use the Service in violation of law. HCF may suspend access to stop a violation or a security threat.

10. Fees and payment

Free trial. During any free trial or design-partner program, the Service is provided at no charge. Paid plans. After a trial, or without one, the Agency may subscribe under an order form signed or accepted by both parties. The order form states the plan, the flat monthly fee per agency, the start date and the billing contact. The fee does not depend on the number of caregivers or users unless the order form says so. Billing. Fees are billed monthly in advance through Stripe, Inc., HCF's payment processor. The Agency authorizes HCF, through Stripe, to charge the card or bank account it provides each month until the subscription ends. Card and bank details are held by Stripe; HCF does not store full card numbers. Renewal and cancellation. Paid subscriptions renew automatically each month until cancelled. The Agency may cancel at any time by email to homecareforce2@gmail.com or in the product where offered; cancellation takes effect at the end of the current paid month, and HCF does not give partial-month refunds except where the law requires or HCF ends the Service for convenience (then HCF refunds any prepaid fees for the unused period). Taxes. Fees do not include taxes. The Agency pays any sales, use or similar taxes that apply, other than taxes on HCF's income. Late payment. If a charge fails, HCF will notify the billing contact. If payment is not made within 15 days of that notice, HCF may suspend access after a further 5 days' notice; HCF will not delete Customer Data because of late payment without first giving the notice in Section 18. Price changes. HCF may change the monthly fee with at least 30 days' notice by email to the billing contact; the new fee applies from the next billing month after the notice period, and the Agency may cancel before it does.

11. Feedback

If you give us suggestions or feedback, we may use them without obligation to you.

12. Intellectual property

HCF and its licensors own the Service, software, and HCF-provided content. Subject to these Terms, HCF grants the Agency a non-exclusive, non-transferable right to use the Service for its internal business during the term. Course content an Agency creates belongs to the Agency; HCF-provided templates remain HCF's and are licensed for use within the Service.

13. Third-party services

The Service relies on third-party providers (for example, hosting, email, SMS and an AI provider; the Privacy Policy lists them). HCF is not responsible for third-party services the Agency chooses to connect.

14. Confidentiality

Each party will protect the other's non-public information disclosed under these Terms with reasonable care and use it only to perform under these Terms.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," ESPECIALLY DURING PRE-LAUNCH. TO THE FULLEST EXTENT ALLOWED BY LAW, HCF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HCF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USING IT WILL MAKE THE AGENCY COMPLIANT WITH ANY LAW, REGULATION, SURVEY OR ACCREDITATION STANDARD. HCF IS NOT A LAW FIRM, TAX ADVISOR OR HEALTH CARE PROVIDER.

16. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA; AND (b) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID AND PAYABLE TO HCF UNDER THESE TERMS IN THE 12 MONTHS BEFORE THE CLAIM OR US $1,000; AND (c) THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, TO FRAUD OR WILLFUL MISCONDUCT, OR TO THE AGENCY'S INDEMNITY IN SECTION 17, AND THEY DO NOT CHANGE ANY DUTY THE LAW IMPOSES ON A PARTY (FOR EXAMPLE, TO GIVE A LEGALLY REQUIRED BREACH NOTICE). DURING A FREE TRIAL, THE US $1,000 FLOOR MAY BE THE WHOLE LIMIT.

17. Indemnification

The Agency will defend and indemnify HCF against third-party claims arising from Customer Data, the Agency's violation of law (including TCPA and employment law), or the Agency's breach of Section 2 or 9. HCF gives no indemnity during a free trial. For a paid subscription, any HCF indemnity is only as stated in the order form.

18. Term, suspension and termination

These Terms last while the Agency has an account. Either party may terminate for convenience on 30 days' written notice, or immediately for material breach not cured within 15 days of notice. HCF may suspend access immediately for security threats, unlawful use, or violation of Section 2. On termination, for 30 days HCF will provide Customer Data in a reasonable format on request (self-serve export today covers only the employee name and email list); HCF will then delete or return it, manually on request, as described in the Privacy Policy (and, if a BAA is signed later, in that BAA; for PHI, "if feasible," per 45 CFR 164.504(e)(2)(ii)(J)), except as required by law; backups roll off on their normal cycle. Sections 5, 11, 12, 14–17, 19 and 20 survive.

19. Governing law and disputes

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law rules. Exclusive venue is the state courts located in Hendricks County, Indiana, and the federal courts sitting in Indiana that serve Hendricks County. Disputes are decided in court; these Terms contain no arbitration clause.

20. General

These Terms, the Privacy Policy, any later BAA, and any signed order form, Real Onboarding Data Addendum or design-partner agreement form the entire agreement; if they conflict, the order of priority is: BAA (for PHI, if one is signed later), Real Onboarding Data Addendum (for the data it covers), signed order form or design-partner agreement, these Terms, Privacy Policy. The Terms last until ended under Section 18; a paid subscription renews monthly under Section 10. Changes to these Terms. HCF may update these Terms. For a change that materially affects the Agency's rights or duties, HCF will give the Agency's account owner and administrators at least 30 days' notice by email and in the product, and the change takes effect for the Agency only when its account owner accepts it in the product; if it does not, HCF may end the Service under Section 18. Other changes take effect when posted. HCF will not change a BAA or a signed design-partner agreement without the signatures of both parties. Assignment. The Agency may not assign or transfer these Terms without HCF's prior written consent. HCF may assign these Terms, and any design-partner agreement or order with the Agency, without the Agency's consent, to a company or other legal entity that Jonathan Keys forms to carry on the HomeCare Force business, if: (a) the assignee agrees in writing to assume all of HCF's obligations under them, including its data-protection and confidentiality obligations and any BAA; (b) the protection of Customer Data under the assignee is the same as or better than before; and (c) HCF gives the Agency's administrators written notice at least 30 days before the assignment takes effect, during which the Agency may end its account without penalty and have its data provided and deleted under Section 18. Jonathan Keys remains responsible for obligations that arose before the assignment takes effect. Any other transfer of the HomeCare Force business (for example, a sale to an unrelated party) requires the same notice and gives the Agency the same right to end its account. Electronic acceptance is binding. Notices to HCF: homecareforce2@gmail.com, or Jonathan Keys, doing business as HomeCare Force, 2450 Stonehaven Drive, Avon, IN 46123.