Last Updated: June 2026
These Terms of Service ("Terms") govern your access to and use of the websites, products, and services provided by eGeniusCare LLC ("we", "us", or "our"). By using our services, you agree to these Terms.
1. Acceptance of Terms
By accessing or using any of our products, websites, or services, you agree to be bound by these Terms. If you do not agree, do not use our services.
2. Acceptable Use
You agree not to use our services for any unlawful, prohibited, or abusive purposes. Prohibited activities include, but are not limited to:
- Fraud – Any fraudulent, deceptive, or misleading activity.
- Spam – Sending unsolicited bulk messages, calls, or communications.
- Illegal Data Access – Unauthorized access to healthcare data or protected health information.
- Data Misuse – Using resident or patient data in ways not authorized by applicable law.
- Abuse – Any use that harasses, threatens, or harms others.
- Harassment – Repeated unwanted communications or targeting of individuals.
- Fraudulent Billing – Generating fraudulent billing or revenue cycle transactions.
- Healthcare Fraud – Using our services as part of any healthcare fraud, deceptive scheme, or fraudulent billing practice.
- Unauthorized Data Access – Accessing resident or staff data without required legal authorization.
3. SmartCare Platform Services
When using our SmartCare Portal platform and care home management services, you acknowledge and agree to the following:
- Service Responsibility: You are solely responsible for how you use our care home platform, including all resident data, staff records, and care management activities conducted through our platform.
- Consent and Compliance: You must obtain all legally required consents and permissions for data collection and processing, including resident consent and staff acknowledgments where applicable.
- Data Accuracy: You are responsible for the accuracy of all resident records, medication data, care plans, and compliance information uploaded to our platform.
- Platform Use: You agree to use our SmartCare platform in compliance with our acceptable use policies, HIPAA regulations, and all applicable healthcare laws.
- Service Availability: Platform services may be affected by cloud infrastructure outages, network interruptions, third-party service failures, and other factors beyond our reasonable control.
4. Customer Responsibilities
As a user of our services, you are responsible for:
- Complying with all applicable laws and regulations, including but not limited to:
- HIPAA Regulations – Health Insurance Portability and Accountability Act rules and standards.
- Healthcare Data Protection – All applicable laws governing protected health information (PHI).
- State Regulations – All applicable state and local laws governing healthcare facilities and data privacy.
- International Regulations – Where applicable, compliance with international healthcare data regulations.
- All federal, state, and local laws applicable to your use of our services.
- Maintaining the confidentiality of your account credentials.
- Ensuring that your use of our services does not violate the rights of others.
- Obtaining all necessary consents and permissions for data collection and processing.
- Obtaining legally required consent for resident data handling where applicable.
5. Account Suspension and Termination
We reserve the right to suspend or terminate your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:
- Violation of these Terms or applicable laws
- Abusive, fraudulent, or illegal activity
- Non-payment of fees
- Actions that may cause harm to our infrastructure or other users
- Abuse, fraud, or regulatory violations involving our platform — We reserve the right to suspend SmartCare platform services immediately when abuse, fraud, or regulatory violations are detected.
6. Platform Services Disclaimer
Our SmartCare platform and related services are provided on a best-effort basis. We do not guarantee uninterrupted or error-free operation. You acknowledge that:
- Platform services may experience outages, delays, or disruptions.
- Performance may vary based on network conditions and internet connectivity.
- We are not liable for damages arising from service interruptions or platform failures.
7. Data Handling Compliance
If you use our services to process resident or healthcare data, you are solely responsible for:
- Obtaining all legally required consents from residents, staff, and other data subjects.
- Complying with applicable healthcare data privacy laws in all relevant jurisdictions.
- Properly notifying individuals about data collection and processing practices.
We provide tools and features to support data handling compliance, but the legal obligation rests with you.
8. Medical Emergency Disclaimer
IMPORTANT — NOT A REPLACEMENT FOR MEDICAL SERVICES: Unless specifically stated otherwise in a written agreement, our SmartCare platform — including care management tools, AI monitoring, and compliance features — is not intended to replace professional medical services, emergency response systems, or clinical decision-making. You acknowledge and agree that:
- This platform is a management and documentation tool, not a medical device or emergency response system.
- This platform should not be used as the sole means of monitoring resident health or safety.
- You should maintain appropriate emergency protocols and medical response systems.
- We are not liable for any failure to detect medical emergencies or health deterioration through our platform.
9. Intellectual Property
All rights, title, and interest in our products, software, websites, content, and technology are owned by eGeniusCare LLC or our licensors. You may not copy, modify, distribute, or create derivative works without our express written permission.
10. Limitation of Liability
To the maximum extent permitted by law, eGeniusCare LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through our website. Continued use after changes constitutes acceptance of the new Terms.
12. Contact
For questions about these Terms, contact us at:
Email: [email protected]
Mail: 10685-B Hazelhurst Dr. # 41732, Houston, TX 77043
