These Terms of Service (“Terms”) govern your access to and use of the websites, software, and related services offered by AdultDayGenie (“AdultDayGenie,” “we,” “us,” or “our”), including adultdaygenie.com and app.adultdaygenie.com (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.
1. The Services
AdultDayGenie provides cloud-based software for adult day centers and similar care providers, including tools for attendance, billing, care documentation, family engagement, and related operations. Features may vary by plan or agreement. We may modify, suspend, or discontinue parts of the Services with reasonable notice where practicable.
2. Accounts and Eligibility
You may need an account to use certain parts of the Services. You agree to provide accurate information, keep credentials confidential, and notify us of unauthorized use. You are responsible for activity under your account. You must be at least 18 and able to form a binding contract.
3. Customer Data and Your Responsibilities
If you use AdultDayGenie on behalf of a center or other organization, you may submit or store information about participants, staff, and operations (“Customer Data”). You retain ownership of Customer Data. You grant AdultDayGenie a limited license to host, process, and display Customer Data only to provide and improve the Services and as described in our Privacy Policy and any separate agreement (such as a business associate agreement where applicable).
You are responsible for obtaining necessary consents, complying with laws (including HIPAA and state privacy laws where they apply to your use), and for the accuracy and legality of Customer Data. You will not use the Services in violation of law or in a manner that infringes others’ rights.
4. Acceptable Use
You agree not to:
- Use the Services to harm, harass, or deceive any person
- Attempt to gain unauthorized access to systems, accounts, or data
- Interfere with or disrupt the Services or other users
- Reverse engineer, scrape, or probe the Services except as permitted by law
- Use the Services to send unlawful spam or malware
- Resell or sublicense the Services without our written consent
5. Intellectual Property
AdultDayGenie and its licensors own the Services, including software, branding, documentation, and related intellectual property. Subject to these Terms and your subscription or agreement, we grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes. You may not copy, modify, or create derivative works except as allowed in writing.
6. Third-Party Services
The Services may integrate with or link to third-party products (for example, scheduling, payment, or analytics tools). Those services are governed by their own terms. We are not responsible for third-party services.
7. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADULTDAYGENIE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADULTDAYGENIE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID ADULTDAYGENIE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT PAID FEES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Indemnification
You will defend, indemnify, and hold harmless AdultDayGenie and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your Customer Data, or your violation of these Terms or applicable law, except to the extent caused by our gross negligence or willful misconduct.
10. Termination
You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, create risk or legal exposure, or if we cease offering the Services. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnity) will survive termination.
11. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, unless a different governing law is specified in a written agreement with you. Courts in Delaware (or another venue we specify in an enterprise agreement) have exclusive jurisdiction for disputes, unless applicable law requires otherwise.
12. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms and update the “Last updated” date. If changes are material, we will provide additional notice as appropriate (for example, by email or in-product notice). Continued use after the effective date constitutes acceptance of the revised Terms.
13. Miscellaneous
These Terms, together with our Privacy Policy and any order form or enterprise agreement you sign, constitute the entire agreement regarding the Services. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
14. Contact
Questions about these Terms? Contact us at support@adultdaygenie.com or via our contact page.