Terms of Service
Seller: Tanner Golliday, doing business as HomeChart Care (“HomeChart Care,” “we,” “us”), Victorville, California. Contact: support@homechartcare.com.
1. What HomeChart Care is
HomeChart Care is a web-based shift-documentation tool for small residential care facilities. It provides: shift checklists; a resident care log; medication-refrigerator and water temperature logs; manager tools (including backfill of missed reports and missing-submission review); monthly summary sheets; and an inspection-packet printout. Backup copies of certain submissions (checklists and temperature logs) are emailed to the email address your facility designates, if that feature is enabled in your setup.
HomeChart Care is not an electronic medication administration record (eMAR), not a payroll or scheduling system, and not a medical record system. It assists your facility’s own documentation; your facility remains solely responsible for meeting its licensing, regulatory, and record-keeping obligations.
2. How it works — your tablet, your records
- The app runs in a browser on your facility’s own tablet or computer. The records your staff create are stored on that device.
- Your facility is responsible for: keeping the device at the facility; protecting it with a device passcode; giving the manager PIN only to authorized managers; and not clearing the browser’s website data, which is where records are stored.
- We do not operate a cloud copy of your resident records. Use the emailed backup copies and the export feature (§5) as your safety net.
3. Plans, pricing, and automatic renewal
- Founding plan (first 5 facilities): $49 per month, for as long as your subscription stays continuous.
- Standard plan: $69 per month.
- One-time setup fee: $99, charged at signup unless waived in writing (setup is waived for the first 3 founding facilities that agree to provide feedback and a testimonial).
- Annual option: prepay 10 months, get 12 (two months free).
- Prices are per facility, not per bed or per user. Sales tax, if applicable, is added where required by law.
- AUTOMATIC RENEWAL DISCLOSURE: Your subscription renews automatically each month (or each year, on the annual plan) and the payment method you provide will be charged the then-current plan price until you cancel. By completing signup and checking the subscription consent box, you authorize these recurring charges.
- We will email you a confirmation of these terms and how to cancel right after signup, and we will give at least 30 days’ email notice before any price increase, which will not apply until your next renewal after the notice period.
4. Billing, grace period, and cancellation
- Payments are processed by Stripe. We do not see or store your full card number.
- If a charge fails, you have a 14-day grace period to fix the payment method. Service continues during the grace period. If payment is not received by the end of the grace period, the app moves to Records Mode (see §5 and the timeline below) until payment is made.
- Cancel anytime. Cancel online through the billing portal linked in your receipts, or by emailing support@homechartcare.com. Cancellation takes effect at the end of your current paid period; we do not charge cancellation fees, and we will email you a cancellation confirmation.
- Fees already paid for the current period are not refundable except where required by law, or if we discontinue the service.
5. Your records are yours — export promise
- All records your facility creates belong to your facility. We claim no ownership of them.
- You may export your records from the app at any time while your subscription is active.
- If your subscription ends — by cancellation, non-payment after the grace period, or by us — your existing records stay on your tablet in Records Mode: viewable, printable, and exportable, with no export deadline, for as long as the tablet’s stored data is kept or you hold a backup file. We will never withhold your records to compel payment. The plain-language timeline below explains exactly how this works, and it controls if anything else in these Terms reads differently.
Cancellation timeline — in plain language
How the paid period, the 14-day grace, and the 30 days fit together:
- While subscribed (including after you press cancel, until the period ends): full use. Cancellation takes effect at the end of the paid period, never mid-period.
- The 14 days after the paid period ends (grace): full use continues. A banner shows you are in the grace period. If you resubscribe in this window, nothing changes and nothing is lost.
- After the grace period (Records Mode): every existing record on your tablet stays viewable, printable, and exportable — permanently. New entries (checklists, care logs, temperature logs) are paused until you resubscribe. Resubscribing restores full use with all your records still in place.
- What the 30 days means: for 30 days after the paid period ends, we keep your vendor-side setup (facility configuration, license, backup-copy routing) ready to restore in one step at no charge. After 30 days, restoring vendor-side setup may require a new setup fee. Your records are never part of this clock — they live on your tablet and exporting them works in every state, with no deadline, for as long as the tablet’s stored data is kept or you hold a backup file. If a tablet is lost, replaced, or its browser data is cleared with no backup file saved, there is nothing left to export — which is why the app prompts a regular export routine and keeps emailed backup copies of submissions.
6. Your responsibilities
- Use the service lawfully and only for your facility’s documentation.
- Provide accurate setup information (facility name, shift times, staff and resident first names) — you decide what names/labels to enter; avoid entering information you do not need in the app.
- Train your staff using the provided training video and quick-start sheet, and supervise their use.
- Keep your own backups via the emailed copies and exports described in §§2 and 5.
7. Privacy — what we do and don’t hold
- Resident records stay on your facility’s device. We do not receive or store your resident records on our servers. If you enable emailed backup copies, those copies are sent through standard email/form services to the address you designate; treat that inbox as part of your own records system.
- What we do hold: your facility’s business contact details, account/setup information, billing records (via Stripe), and our support correspondence. We use this only to provide and bill for the service and to communicate with you. We do not sell personal information.
- We make no claim of HIPAA certification — no such certification exists — and nothing in these Terms makes us a business associate of your facility, because resident records never reach our systems. Your facility’s privacy and regulatory obligations remain yours.
- See the Privacy Summary below for the short version of the same points.
8. Support
Email support at support@homechartcare.com, business hours (Pacific Time, Monday–Friday excluding holidays). Our target is to respond within one business day; response times are targets, not guarantees. Support covers the app itself, not your facility’s devices, internet service, or regulatory questions.
9. Availability, warranties, and liability
- The service is provided “as is” and “as available.” We work to keep it up and to fix problems promptly, but we do not promise uninterrupted service or that the app will meet every facility’s requirements.
- To the maximum extent permitted by law, our total liability arising from the service is limited to the greater of (a) the amounts you paid us in the 12 months before the claim, or (b) $500. We are not liable for indirect or consequential damages, or for records lost because a facility device failed, was replaced, or had its browser data cleared where the facility did not keep the emailed copies/exports described in these Terms.
- Nothing in these Terms limits liability that cannot lawfully be limited.
10. Changes to these Terms
We may update these Terms. For material changes (including price), we will email notice at least 30 days in advance; continued use after the effective date means acceptance. If you don’t agree, you may cancel before the change takes effect under §4.
11. Testimonials
If you accepted a setup-fee waiver in exchange for feedback and a testimonial, you grant us permission to quote your feedback and use your facility’s name as a customer, unless you withdraw that permission by email (withdrawal applies going forward).
12. Governing law
These Terms are governed by California law. Any dispute will be brought in the state or federal courts located in San Bernardino County, California.
13. Entire agreement
These Terms, your order/signup confirmation, and the Privacy Summary are the entire agreement for the service and override prior discussions about it.
Privacy Summary (short version)
- Resident data: created and stored on your facility’s own tablet. It is not sent to or stored on our servers. Optional emailed backup copies go only to the email address your facility designates.
- Business data we hold: facility name, contact person, email, phone, setup details, support emails, and billing records processed by Stripe. We see only the last 4 digits of your card, via Stripe.
- What we do with it: run your account, bill you, send service emails (receipts, renewal confirmations, required notices), and provide support. That’s it.
- What we never do: sell your information; use your facility’s records for advertising; claim ownership of your records.
- Your choices: export your records anytime (§5); request correction or deletion of your business contact data by emailing support@homechartcare.com (billing records we must keep for tax/accounting will be retained as required by law).
- Security basics: keep your tablet passcode-protected and your manager PIN private — because your records live on your device, your device’s lock is their main protection.