Terms & Conditions

1. Acceptance of Terms

By registering for, accessing, or using Kass Care, you confirm that you are authorized to bind yourself and, where applicable, the facility, provider group, agency, or organization on whose behalf you are acting. If you do not agree to these Terms, you must not use the platform.

2. Description of Services

Kass Care provides software tools for healthcare-related administration and workflow support, which may include:

• facility onboarding and tenant setup,
• role-based dashboards for admins, providers, and caregivers,
• patient/client records and scheduling workflows,
• care logging, clinical notes, diagnoses, medication workflow support,
• alerts, tasking, rounds planning, and operational reporting,
• billing, subscription, and administrative controls.

Features may evolve over time. We may add, improve, limit, or retire features in good faith to improve security, functionality, reliability, or regulatory readiness.

3. Eligibility and Account Registration

• You must provide accurate, current, and complete registration information.
• You are responsible for maintaining the confidentiality of login credentials.
• You must promptly update account information if it changes.
• You are responsible for all activities conducted under your account unless caused by our breach or misconduct.
• You must ensure that users invited to your tenant are authorized and trained for their assigned role.

4. Customer Data and Ownership

As between Kass Care and the customer, the customer retains ownership of patient, client, staff, facility, operational, and clinical data entered into the platform by or on behalf of the customer (“Customer Data”).

You grant Kass Care a limited right to host, process, transmit, back up, and display Customer Data solely as necessary to provide, secure, maintain, and improve the platform, enforce these Terms, comply with law, and perform contracted services.

5. HIPAA, Protected Health Information, and Business Associate Status

Where Kass Care receives, maintains, or transmits protected health information (“PHI”) on behalf of a HIPAA covered entity or business associate, the parties acknowledge that a separate Business Associate Agreement (“BAA”) may be required before PHI is used within production workflows.

These Terms do not replace a required BAA, Notice of Privacy Practices, or any customer-specific compliance policies. The customer remains responsible for determining whether HIPAA, HITECH, state privacy laws, licensing rules, professional standards, or payer obligations apply to its use of Kass Care.

6. Security Safeguards

Kass Care will use commercially reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of platform data, including role-based access controls, authentication controls, activity visibility, and reasonable measures to reduce unauthorized access.

No internet-based system can guarantee absolute security. You acknowledge that security also depends on proper user behavior, device security, password hygiene, network protection, and lawful operational use by your workforce.

7. Customer Responsibilities

• Maintain lawful authority to use all data entered into Kass Care.
• Assign users to the correct role and facility context.
• Promptly disable users who no longer require access.
• Train workforce members on privacy, security, charting, and workflow expectations.
• Review entries for accuracy, completeness, and timeliness.
• Maintain backups or exports where the customer’s own policies require them.
• Notify Kass Care promptly of suspected unauthorized access, security incidents, or misuse.

8. Billing, Subscription, and Fees

Access to certain features may require an active paid subscription. Subscription plans, feature limits, pricing, and billing cycles may be presented during signup, through the billing page, or in a separate order form.

• Fees are due in advance unless otherwise agreed in writing.
• Failure to pay may result in feature limitation, suspension, or termination after reasonable notice.
• Unless required by law, fees already paid are non-refundable.
• You authorize Kass Care and its payment processor to charge recurring fees as selected by you.

9. Service Availability, Maintenance, and Support

We aim to keep Kass Care available and reliable, but uninterrupted access is not guaranteed. Scheduled maintenance, emergency fixes, infrastructure events, internet outages, or third-party failures may affect availability.

We may perform updates, patches, migrations, and security improvements as necessary to support safe platform operation.

10. Acceptable Use Restrictions

You may not, and may not permit others to:

• access data, tenants, or records without authorization,
• attempt to bypass role controls, security settings, or facility isolation,
• introduce malware, abuse APIs, scrape the platform, or interfere with service stability,
• use Kass Care for unlawful, fraudulent, or deceptive purposes,
• reverse engineer or copy the platform except as permitted by law,
• misrepresent clinical information or use the platform to falsify records.

11. Intellectual Property

Kass Care, including its software, user interface, workflows, branding, documentation, code, visual design, and related content, is owned by or licensed to KASS MTV USA LLC and is protected by applicable intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the platform during the applicable subscription term in accordance with these Terms.

12. Suspension and Termination

Kass Care may suspend or terminate access if:

• fees remain unpaid,
• there is a serious security risk or suspected unauthorized access,
• use violates these Terms or applicable law,
• continued access could harm Kass Care, other users, patients, or regulated operations.

Upon termination, your right to use the platform ends immediately, subject to any data export or retention obligations stated in a separate agreement or required by law.

13. Disclaimers

Kass Care is provided on an “as is” and “as available” basis except as expressly stated in a written agreement. To the maximum extent permitted by law, Kass Care disclaims implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

Kass Care does not guarantee medical outcomes, regulatory outcomes, reimbursement decisions, claim approval, diagnosis accuracy, or that use of the platform alone will satisfy all legal obligations.

14. Limitation of Liability

To the fullest extent permitted by law, KASS MTV USA LLC and Kass Care will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, data, revenue, or business interruption arising from or related to use of the platform.

To the fullest extent permitted by law, Kass Care’s aggregate liability arising out of or relating to these Terms will not exceed the total amount paid by the customer to Kass Care for the three (3) months immediately preceding the event giving rise to the claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless KASS MTV USA LLC and its officers, members, employees, contractors, and affiliates from claims, losses, liabilities, damages, and expenses arising out of:

• your misuse of Kass Care,
• your violation of these Terms,
• your unlawful handling of data, PHI, or patient information,
• your failure to obtain required permissions, consents, notices, or authorizations.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington, without regard to conflict of law rules, unless a different governing law is required by a signed written agreement.

The parties agree to attempt good-faith resolution of disputes before filing formal legal action. Venue for disputes shall lie in courts of competent jurisdiction serving Washington, unless otherwise required by law.

17. Contact Information

Kass Care is operated under KASS MTV USA LLC.