Carelytics Terms of Service

Effective Date: 7/10/25

1. Acceptance of Terms

By accessing or using the Carelytics platform ("Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. User Eligibility

The Service is intended for use by healthcare providers, professionals, and entities, including nursing homes, care homes, and rehabilitation facilities, that are subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). By using the Service, you represent and warrant that you are a Covered Entity or Business Associate as defined under HIPAA.

3. Use of Service

You agree to use the Service in accordance with all applicable laws and regulations, including HIPAA. You shall not:

• Use the Service to transmit or store any Protected Health Information (PHI) unless you have executed a Business Associate Agreement (BAA) with Carelytics.

• Use the Service for any unlawful purpose or in a manner that could damage, disable, overburden, or impair the Service.

4. Business Associate Agreement

If you are a Covered Entity under HIPAA, you must enter into a Business Associate Agreement (BAA) with Carelytics before transmitting or storing any PHI through the Service. The BAA outlines the responsibilities of both parties in safeguarding PHI and complying with HIPAA requirements.

5. Data Security and Privacy

Carelytics implements administrative, physical, and technical safeguards to protect PHI in accordance with HIPAA. However, you are responsible for:

• Ensuring that any PHI you transmit or store through the Service is accurate and complete.

• Implementing appropriate security measures on your end to protect PHI.

6. User Responsibilities

• Maintain the confidentiality of your account credentials.

• Notify Carelytics promptly of any unauthorized use of your account.

• Comply with all applicable laws and regulations in your use of the Service.

7. Termination

Carelytics reserves the right to suspend or terminate your access to the Service if you breach these Terms or if required by law. Upon termination, you must cease all use of the Service and delete any PHI stored through the Service.

8. Limitation of Liability

To the fullest extent permitted by law, Carelytics shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service.

9. Indemnification

You agree to indemnify and hold harmless Carelytics, its officers, directors, employees, and agents from any claims, losses, liabilities, and expenses arising out of your use of the Service or your breach of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which Carelytics is incorporated, without regard to its conflict of law principles.

11. Changes to Terms

Carelytics reserves the right to modify these Terms at any time. Any changes will be effective upon posting on this page. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at: Carelytics