Terms of Service

1. Acceptance of Terms

By accessing or using HomeCareAtlas ("the Platform"), operated by HomeCareAtlas, Inc. ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Platform. These Terms apply to all users, including agency owners, caretakers, and visitors browsing the directory.

2. Description of Service

HomeCareAtlas provides:

• Home Care Agency Directory — publicly searchable listings of licensed home care agencies, sourced from state licensing boards and CMS data.
• Agency Management Tools — scheduling, client management, caretaker compliance tracking, and operational tools for registered agency owners.
• Shift Backup — a peer-to-peer shift marketplace that connects agencies needing shift coverage with partner agencies that can provide qualified caretakers. Shift Backup is governed by additional terms in the Shift Backup Service Agreement.

3. Eligibility and Registration

To create an account, you must be at least 18 years old and authorized to act on behalf of a home care agency licensed in your state of operation. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You represent and warrant that all information you provide during registration and ongoing use of the Platform is accurate, current, and complete.

4. Agency Listings and Directory Data

Agency listings in our directory are sourced from public records, including the California Department of Social Services (CDSS), the Centers for Medicare & Medicaid Services (CMS), and other state licensing boards. We make reasonable efforts to keep listings accurate, but we do not guarantee the accuracy, completeness, or timeliness of any directory information.

If you are an agency owner and your listing contains inaccurate information, you may claim your profile and update it. Unclaimed listings reflect publicly available data only.

5. User Responsibilities

You agree to:

• Use the Platform only for lawful purposes related to home care services.
• Not upload false, misleading, or fraudulent information.
• Maintain all required state licenses, certifications, and insurance for your agency and staff.
• Comply with all applicable federal, state, and local laws, including labor laws, HIPAA, and home care licensing regulations.
• Not use the Platform to discriminate against any person on the basis of race, color, religion, sex, national origin, disability, or any other protected characteristic.

6. Client Data and Privacy

You are responsible for obtaining all necessary consents from your clients before entering their information into the Platform. Client data you enter (names, addresses, care notes, health information) is stored securely and is accessible only to your agency account. Our handling of data is further described in our Privacy Policy.

HomeCareAtlas is not HIPAA compliant and is not a covered entity or business associate under HIPAA. While we implement security measures commonly used in healthcare-adjacent technology — including TLS encryption in transit, AES-256 encryption at rest, role-based access controls, and hosting on SOC 2 compliant infrastructure (Vercel, Neon) — these measures do not constitute HIPAA compliance. We have not executed Business Associate Agreements (BAAs) with our infrastructure providers for this purpose.

You should not enter Protected Health Information (PHI) as defined by HIPAA into the Platform unless your own compliance program accounts for it. You are solely responsible for your own HIPAA compliance obligations.

7. Shift Backup Marketplace

If you use Shift Backup to post or fill shifts, additional terms apply. See theShift Backup Service Agreement for details on shift posting, caretaker nominations, payment obligations, liability allocation, and platform fees.

8. Payment Terms

Certain features of the Platform may require payment, including premium agency listings and Shift Backup shift fees. All payments are processed through Stripe. By providing payment information, you authorize us to charge the applicable fees.

Fees are non-refundable except as required by law or as expressly stated in the applicable service agreement.

9. Intellectual Property

All content, features, and functionality of the Platform (including text, graphics, logos, software, and code) are owned by HomeCareAtlas, Inc. or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Platform without our prior written consent.

10. Limitation of Liability

HomeCareAtlas is a technology platform, not a home care provider. We do not employ caretakers, provide care, or supervise care delivery. We are not responsible for the quality, safety, or legality of care provided by any agency or caretaker listed on or connected through the Platform.

To the maximum extent permitted by law, HomeCareAtlas shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to loss of data, loss of revenue, personal injury, or property damage.

Our total liability for any claim arising from your use of the Platform shall not exceed the amount you paid to HomeCareAtlas in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless HomeCareAtlas, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Platform, your violation of these Terms, or your violation of any applicable law or regulation.

12. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. You may delete your account at any time through your account settings. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination will survive.

13. Dispute Resolution

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Los Angeles County, California. You waive any right to a jury trial or to participate in a class action.

14. Modifications

We may update these Terms at any time. If we make material changes, we will notify you via email or a prominent notice on the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Contact us at legal@homecareatlas.com.