TERMS AND CONDITIONS — myEZcare LLC
Last Updated: April 30, 2025 | Effective Date: April 30, 2025 | Version 2.0

IMPORTANT NOTICE

Please read these Terms and Conditions carefully before using myEZcare’s website, platform, or services. By accessing or using any part of our Service, you agree to be legally bound by these Terms. If you do not agree, do not access or use the Service.

These Terms constitute a legally binding agreement between you (or the organization you represent) and myEZcare LLC.

1. DEFINITIONS

The following definitions apply throughout these Terms and Conditions:

“Agreement” means these Terms and Conditions together with any Order Form, Statement of Work, or other document expressly incorporated by reference.

“Client” or “You” means the individual or legal entity that has agreed to these Terms, either by clicking “I Agree,” executing an Order Form, or accessing the Service.

“myEZcare,” “we,” “us,” or “our” means myEZcare LLC, a limited liability company incorporated in the State of Arizona, USA, with its principal office at 10869 N Scottsdale Rd, #103-551, Scottsdale, AZ 85254.

“Service” means myEZcare’s SaaS-based care management software platform, website (www.myezcare.com), mobile applications, APIs, and all associated features, tools, documentation, and support services, including but not limited to: Electronic Health Records (EHR), Electronic Visit Verification (EVV), Scheduling, HRMS, Claims Processing, Telehealth, Messaging, and Document Management modules.

“Authorized Users” means employees, contractors, caregivers, and representatives of the Client who are authorized by the Client to access and use the Service under the Client’s account.

“Client Data” means all data, content, and information submitted, uploaded, or transmitted to the Service by the Client or its Authorized Users, including any Protected Health Information (PHI).

“Protected Health Information” or “PHI” has the meaning given to it under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.

“Subscription” means the right to access and use the Service for the subscription term as set out in the applicable Order Form or pricing plan.

“Order Form” means a written or electronic document executed by the Client and myEZcare specifying the subscription plan, fees, term, and any additional services.

“Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the context.

2. ACCEPTANCE OF TERMS

2.1 By accessing, registering for, or using the Service in any manner, you confirm that you:
(a) Have read, understood, and agree to be bound by these Terms;
(b) Are at least 18 years of age or the age of legal majority in your jurisdiction;
(c) Have the legal authority to enter into a binding contract, either on your own behalf or on behalf of your organization;
(d) Agree to comply with all applicable local, state, national, and international laws and regulations.

2.2 If you are accepting these Terms on behalf of an organization, you represent and warrant that you are duly authorized to bind that organization to these Terms, and all references to “you” or “Client” shall refer to that organization.

2.3 If you do not accept these Terms in full, you must not access or use the Service.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 To access the Service, you must create an account by providing accurate, complete, and current information. You agree to maintain and promptly update your account information to keep it accurate and complete.

3.2 You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must not share your account credentials with any third party other than designated Authorized Users.

3.3 You must immediately notify myEZcare at [email protected] if you become aware of any unauthorized access to or use of your account.

3.4 myEZcare will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.5 You are responsible for ensuring that all Authorized Users comply with these Terms when accessing the Service. You accept full liability for the acts and omissions of your Authorized Users.

3.6 myEZcare reserves the right to refuse registration, cancel accounts, or remove content at its sole discretion.

4. SUBSCRIPTION, FEES, AND BILLING

4.1 Subscription Plans
The Service is provided on a subscription basis. The applicable subscription plan, pricing, and features are as described in the Order Form or on the myEZcare pricing page at myezcare.com/price-calculator. myEZcare reserves the right to modify subscription plans and pricing at any time, with notice to existing subscribers as required under Section 4.5.

4.2 Fees
You agree to pay all fees associated with your Subscription as specified in the applicable Order Form or pricing plan. All fees are quoted and payable in United States Dollars (USD) unless otherwise agreed in writing.

4.3 Billing and Payment
Unless otherwise specified in the Order Form:
(a) Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan;
(b) Payment is due upon invoice issuance or at the time of purchase;
(c) myEZcare accepts payment by major credit card, ACH bank transfer, or such other methods as we may offer from time to time;
(d) All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

4.4 Auto-Renewal
Subscriptions automatically renew at the end of each billing period for a successive period of the same duration, at the then-current subscription rate, unless you cancel at least 30 days before the end of the current billing period or unless myEZcare notifies you otherwise.

4.5 Price Changes
myEZcare reserves the right to change subscription fees upon at least 30 days’ written notice prior to the start of the next billing period. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing.

4.6 Late Payments
Overdue amounts will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until the date of actual payment. myEZcare reserves the right to suspend access to the Service for any account with an outstanding balance of more than 15 days.

4.7 Taxes
You are responsible for all applicable sales, use, value-added, goods and services, and similar taxes associated with your Subscription, except for taxes levied on myEZcare’s income.

4.8 Free Trials and Demos
If myEZcare offers a free trial or demo period, you may use the Service free of charge for that period only. At the end of the trial, you must subscribe or cease using the Service. myEZcare reserves the right to modify or terminate any trial offer at any time.

4.9 Refund Policy
Subscription fees paid are non-refundable. If you cancel your subscription, you will continue to have access to the Service through the end of the current billing period. myEZcare may, in its sole discretion, offer a prorated refund in exceptional circumstances.

5. PERMITTED USE AND ACCEPTABLE USE POLICY

5.1 License Grant
Subject to these Terms and your timely payment of all applicable fees, myEZcare grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term solely for your internal business operations related to healthcare agency management.

5.2 Authorized Use
You may use the Service to:
– Manage home care, adult day care, assisted living, telehealth, and related healthcare agency operations
– Record, store, access, and process care plans, schedules, visit logs, and employee information
– Submit and track healthcare claims and billing records
– Communicate securely with care staff, clients, and patients through the platform’s messaging features
– Access reports and analytics generated by the platform

5.3 Prohibited Use
You agree that you will not, and will ensure your Authorized Users do not:

(a) Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
(b) Access, tamper with, or use non-public areas of the Service or myEZcare’s systems;
(c) Probe, scan, or test the vulnerability of any myEZcare system or breach any security or authentication measures;
(d) Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of any part of the Service;
(e) Copy, modify, create derivative works of, or sublicense the Service or any portion thereof;
(f) Use the Service to transmit any unsolicited, unauthorized, or harmful communications, including spam, phishing, or malware;
(g) Use automated scripts, bots, crawlers, scrapers, or similar tools to access or extract data from the Service;
(h) Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
(i) Submit false, misleading, or inaccurate data, including patient records, billing claims, or visit logs;
(j) Use the Service in any way that could damage, disable, overburden, or impair it or interfere with other users;
(k) Transmit any Protected Health Information (PHI) through channels not designated as HIPAA-compliant within the platform;
(l) Use the Service to store or process data that you do not have the legal right to process;
(m) Access the Service for the purpose of building a competing product or service.

5.4 Violation
myEZcare reserves the right to immediately suspend or terminate your access to the Service, without notice or liability, if you violate any provision of this Section 5.

6. CLIENT DATA AND DATA OWNERSHIP

6.1 Ownership of Client Data
As between you and myEZcare, you retain full ownership of all Client Data that you submit to the Service. myEZcare does not claim any ownership rights in your Client Data.

6.2 License to Client Data
By submitting Client Data to the Service, you grant myEZcare a limited, non-exclusive, worldwide license to access, store, process, and use your Client Data solely to the extent necessary to provide, operate, maintain, and improve the Service, and as required to comply with applicable law or legal process.

6.3 Your Responsibilities for Client Data
You are solely responsible for:
(a) The accuracy, quality, integrity, legality, and appropriateness of all Client Data;
(b) Ensuring you have all necessary rights, consents, and authorizations to submit Client Data to the Service;
(c) Complying with all applicable laws and regulations governing the collection, use, storage, and disclosure of Client Data, including HIPAA, state privacy laws, and all other applicable healthcare regulations.

6.4 Data Portability and Deletion
Upon termination or expiry of your Subscription, you may request an export of your Client Data in a standard format within 30 days of termination. After that period, myEZcare may delete your Client Data in accordance with our data retention policies unless otherwise required by law. myEZcare is not liable for any loss of Client Data after the 30-day export window.

6.5 Aggregated and Anonymized Data
myEZcare may generate anonymized, aggregated data derived from Client Data and platform usage for the purposes of improving the Service, conducting research, producing reports, and other legitimate business purposes. Such anonymized data does not identify you or any individual, and myEZcare retains all rights in such aggregated data.

7. HIPAA COMPLIANCE AND BUSINESS ASSOCIATE AGREEMENT

7.1 HIPAA-Compliant Platform
myEZcare’s platform is designed and maintained to be compliant with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), including the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule.

7.2 Business Associate Agreement (BAA)
If you are a Covered Entity or Business Associate as defined under HIPAA, and you intend to use the Service to process, store, or transmit Protected Health Information (PHI), you must execute a Business Associate Agreement (BAA) with myEZcare prior to transmitting any PHI through the Service.

myEZcare will not process PHI on behalf of a Covered Entity without a fully executed BAA in place. To obtain a BAA, contact [email protected].

7.3 Your HIPAA Responsibilities
You are responsible for:
(a) Ensuring your use of the Service complies with all applicable HIPAA requirements;
(b) Obtaining all necessary patient authorizations and consents required under HIPAA before submitting PHI to the Service;
(c) Training your Authorized Users on HIPAA-compliant use of the platform;
(d) Not transmitting PHI through any non-HIPAA-compliant channel, including but not limited to WhatsApp, SMS, standard email, or any external messaging application not integrated with the platform.

7.4 Security Measures
myEZcare maintains administrative, physical, and technical safeguards appropriate to the sensitivity of the data processed, including encryption at rest and in transit, access controls, audit logging, and regular security assessments. Details are available in our Security Documentation upon request.

7.5 Breach Notification
In the event of a breach of unsecured PHI, myEZcare will notify you in accordance with the HIPAA Breach Notification Rule and the terms of the applicable BAA.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 myEZcare Intellectual Property
The Service and all of its components — including software code, algorithms, user interfaces, logos, trademarks, service marks, trade names, visual designs, documentation, and all other content created by myEZcare — are owned by myEZcare LLC and are protected by United States and international intellectual property laws, including copyright, trademark, trade secret, and patent laws.

8.2 Restrictions
You shall not, and shall not permit any third party to:
(a) Copy, modify, translate, adapt, or create derivative works based on the Service or any part thereof;
(b) Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
(c) Remove, alter, or obscure any proprietary notices or labels on or within the Service;
(d) Use myEZcare’s name, logo, or trademarks without prior written consent.

8.3 Feedback
If you provide myEZcare with any ideas, suggestions, recommendations, or feedback regarding the Service (“Feedback”), you grant myEZcare a perpetual, irrevocable, royalty-free, worldwide license to use, implement, disclose, reproduce, and otherwise exploit such Feedback without restriction and without any obligation to you.

8.4 Open Source
The Service may include open-source software components, which are governed by their respective open-source licenses. Nothing in these Terms shall restrict your rights under applicable open-source licenses.

9. CONFIDENTIALITY

9.1 Each party agrees to keep confidential all Confidential Information received from the other party and to use it solely for the purposes of performing obligations or exercising rights under these Terms.

9.2 Each party agrees not to disclose the other party’s Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or professional advisors who need to know such information and are bound by confidentiality obligations at least as protective as those in these Terms.

9.3 Confidentiality obligations do not apply to information that:
(a) Is or becomes publicly available through no fault of the receiving party;
(b) Was already known to the receiving party at the time of disclosure;
(c) Is independently developed by the receiving party without use of the disclosing party’s Confidential Information;
(d) Is required to be disclosed by law, court order, or governmental authority, provided the receiving party gives prompt written notice to the disclosing party to the extent permitted by law.

9.4 The confidentiality obligations in this Section shall survive termination of these Terms for a period of 3 years.

10. SERVICE AVAILABILITY AND SUPPORT

10.1 Service Availability
myEZcare will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:
(a) Scheduled maintenance windows (which myEZcare will endeavor to schedule during off-peak hours and provide at least 48 hours’ advance notice);
(b) Unplanned outages due to force majeure, third-party infrastructure failures, or events beyond myEZcare’s reasonable control.

10.2 No Uptime Guarantee
Unless expressly stated in a separate Service Level Agreement (SLA) executed in writing between you and myEZcare, myEZcare does not guarantee any specific uptime percentage or response time. Enterprise clients wishing to obtain SLA commitments should contact [email protected].

10.3 Customer Support
myEZcare provides customer support as follows:
– Phone support: +1 (855) 888-9273, available 24/7
– Email support: [email protected]
– Online support portal and knowledge base: available to all Subscribers

10.4 Maintenance and Updates
myEZcare reserves the right to modify, update, patch, or discontinue any feature or component of the Service at any time, with or without notice. myEZcare will use reasonable efforts to notify Clients of material changes to features that affect existing workflows.

11. THIRD-PARTY SERVICES AND INTEGRATIONS

11.1 The Service may integrate with or link to third-party services, applications, or websites (collectively, “Third-Party Services”), including but not limited to payment processors, insurance clearinghouses, state Medicaid systems, telehealth providers, and mapping or address verification services.

11.2 myEZcare does not endorse, warrant, or assume responsibility for any Third-Party Services. Your use of any Third-Party Service is subject to that third party’s terms and privacy policies.

11.3 myEZcare is not liable for any loss, damage, or disruption caused by your use of, or reliance on, any Third-Party Service or the failure of any third-party integration.

11.4 WhatsApp and SMS Integrations
Where myEZcare facilitates communications via WhatsApp or SMS as part of the Service, you acknowledge that:
(a) Such communications are subject to the terms and privacy policies of the respective messaging platform (Meta/WhatsApp, telecommunications carriers);
(b) PHI must never be transmitted via WhatsApp, SMS, or any external messaging channel;
(c) You must obtain appropriate TCPA and CASL consent from any individual before initiating messaging via these channels through the platform.

12. ELECTRONIC VISIT VERIFICATION (EVV) COMPLIANCE

12.1 The Service includes EVV functionality designed to support compliance with the 21st Century Cures Act (Pub. L. 114-255) and applicable state EVV mandates.

12.2 You are solely responsible for ensuring your use of the EVV module complies with all federal and state EVV requirements applicable to your agency, including the specific data fields, reporting formats, and submission timelines required by your state Medicaid program.

12.3 myEZcare does not guarantee that use of the EVV module will result in full regulatory compliance in any particular state. It is your responsibility to verify compliance with your state Medicaid agency and applicable regulations.

12.4 myEZcare will use reasonable efforts to keep the EVV module updated in response to federal and state regulatory changes, but does not warrant that it will always reflect the most current requirements.

13. WARRANTIES AND DISCLAIMERS

13.1 Limited Warranty
myEZcare warrants that the Service will perform materially in accordance with its published documentation during the subscription term. Your exclusive remedy for any breach of this warranty is for myEZcare to use commercially reasonable efforts to correct the non-conformance.

13.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET OUT IN SECTION 13.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYEZCARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION:

(a) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
(b) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(c) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(d) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, REPORTS, OR DATA GENERATED BY THE SERVICE.

13.3 Healthcare Disclaimer
THE SERVICE IS A SOFTWARE TOOL FOR HEALTHCARE AGENCY OPERATIONS MANAGEMENT. IT IS NOT A MEDICAL DEVICE, DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT INTENDED TO REPLACE THE PROFESSIONAL JUDGMENT OF LICENSED HEALTHCARE PROVIDERS. ALL CLINICAL DECISIONS REMAIN THE SOLE RESPONSIBILITY OF THE LICENSED HEALTHCARE PROFESSIONALS USING THE PLATFORM.

14. LIMITATION OF LIABILITY

14.1 EXCLUSION OF CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYEZCARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
– LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
– LOSS OF DATA OR CLIENT DATA
– LOSS OF GOODWILL
– COST OF PROCUREMENT OF SUBSTITUTE SERVICES
– CLAIMS ARISING FROM REGULATORY FINES OR PENALTIES

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MYEZCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 CAP ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYEZCARE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:
(a) THE TOTAL FEES PAID BY YOU TO MYEZCARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE THOUSAND UNITED STATES DOLLARS (USD $1,000).

14.3 Essential Basis
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 14 REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MYEZCARE. MYEZCARE WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS.

14.4 Exceptions
Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by myEZcare’s negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable law.

15. INDEMNIFICATION

15.1 You agree to defend, indemnify, and hold harmless myEZcare LLC and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) Your use of or access to the Service in violation of these Terms;
(b) Any Client Data you submit to the Service, including any claim that your Client Data infringes, misappropriates, or violates any third-party right;
(c) Your violation of any applicable law or regulation, including HIPAA;
(d) Your breach of any representation, warranty, or obligation under these Terms;
(e) Any act or omission of your Authorized Users.

15.2 myEZcare reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with myEZcare in asserting any available defenses.

16. TERM AND TERMINATION

16.1 Term
These Terms commence on the date you first access or use the Service and continue in effect until your Subscription is terminated or expires.

16.2 Termination by You
You may cancel your Subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period. No refunds are issued for unused portions of a billing period.

16.3 Termination by myEZcare
myEZcare may suspend or terminate your access to the Service immediately, without prior notice or liability, if:
(a) You breach any provision of these Terms and fail to cure such breach within 10 days of written notice (where cure is possible);
(b) You fail to pay fees when due;
(c) myEZcare reasonably believes continued access poses a legal, regulatory, or security risk;
(d) You become insolvent, file for bankruptcy, or make a general assignment for the benefit of creditors;
(e) Required by applicable law or regulatory authority.

16.4 Effect of Termination
Upon termination or expiry of your Subscription:
(a) All licenses granted under these Terms immediately cease;
(b) You must cease all use of the Service and delete any downloaded components;
(c) You may request export of your Client Data within 30 days of termination (after which myEZcare may delete it);
(d) All accrued payment obligations survive termination;
(e) Sections 1, 4.3, 6, 8, 9, 13, 14, 15, 16.4, 17, 18, and 19 survive termination.

17. DISPUTE RESOLUTION AND ARBITRATION

17.1 Informal Resolution
Before initiating any formal dispute proceedings, the parties agree to attempt to resolve any dispute informally. The complaining party shall notify the other in writing of the nature of the dispute and its proposed resolution. The parties shall negotiate in good faith for a period of 30 days from the date of the notice.

17.2 Binding Arbitration
If the parties are unable to resolve the dispute informally within 30 days, any claim, dispute, or controversy arising out of or relating to these Terms or the Service — except for claims seeking injunctive or equitable relief — shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with a single arbitrator seated in Maricopa County, Arizona, USA.

17.3 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17.4 Exceptions to Arbitration
Either party may seek provisional injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information, pending final resolution by arbitration.

17.5 Governing Law and Jurisdiction
These Terms and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to its conflict of laws principles. For any dispute not subject to arbitration, you consent to exclusive jurisdiction and venue in the state or federal courts located in Maricopa County, Arizona.

18. PRIVACY AND DATA PROTECTION

18.1 Our Privacy Policy at myezcare.com/privacy-policy explains how we collect, use, store, and disclose personal data. By using the Service, you consent to the collection and processing of personal data as described in our Privacy Policy.

18.2 Our Regional Privacy Policy at myezcare.com/regional-privacy-policy covers additional rights and obligations applicable to users in India (DPDPA), USA (CCPA/CPRA), UK (UK GDPR), and Canada (PIPEDA/Quebec Law 25).

18.3 Where applicable law requires, myEZcare will execute a Data Processing Agreement (DPA) with Clients who are subject to the GDPR, UK GDPR, or similar data protection regimes. To request a DPA, contact [email protected].

18.4 You are responsible for providing any notices and obtaining any consents required from your patients, caregivers, and employees before inputting their personal data or PHI into the Service.

19. GENERAL PROVISIONS

19.1 Entire Agreement
These Terms, together with the Privacy Policy, any executed Order Form, BAA, or DPA, constitute the entire agreement between you and myEZcare regarding the Service and supersede all prior agreements, understandings, representations, or discussions, whether written or oral.

19.2 Amendment
myEZcare may amend these Terms at any time. For material changes, myEZcare will provide at least 30 days’ prior written notice via email or in-platform notification. Your continued use of the Service after the effective date of any amendment constitutes acceptance of the updated Terms. If you do not accept the amended Terms, you must stop using the Service before the effective date.

19.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

19.4 Waiver
No failure or delay by myEZcare in exercising any right under these Terms shall operate as a waiver of that right. A waiver of any right or remedy is only effective if given in writing and signed by an authorized representative of myEZcare.

19.5 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of myEZcare. myEZcare may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, with 30 days’ notice to you.

19.6 Force Majeure
myEZcare shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of war or terrorism, civil unrest, failure of internet infrastructure, or government action.

19.7 Notices
All legal notices under these Terms shall be in writing and delivered by: (a) email to [email protected] (for notices to myEZcare) or to the email address on your account (for notices to you); or (b) certified mail with return receipt to the addresses stated in these Terms. Notices are effective upon confirmed receipt.

19.8 No Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any third party other than the parties to this Agreement.

19.9 Relationship of the Parties
Nothing in these Terms shall create or be deemed to create a partnership, joint venture, agency, franchise, or employment relationship between the parties. Each party is an independent contractor.

19.10 Export Compliance
You agree to comply with all applicable US and international export control laws and regulations. You represent and warrant that you are not located in, and will not use the Service in, any country subject to US government embargo or identified as a terrorist-supporting country.

20. WHATSAPP AND SMS TERMS

20.1 Where myEZcare contacts you via WhatsApp or SMS for business communications, demos, product updates, or marketing purposes, such communications are subject to our Privacy Policy and the WhatsApp and SMS clauses therein.

20.2 By providing a phone number to myEZcare and checking the applicable consent box, you agree to receive such communications. You may opt out at any time by replying STOP to any message or by contacting [email protected].

20.3 PHI must never be transmitted via WhatsApp, SMS, or any other non-HIPAA-compliant channel. Any communication of PHI through such channels by you or your Authorized Users is a material breach of these Terms and your obligations under HIPAA.

21. CHANGES TO TERMS

21.1 myEZcare reserves the right to update or replace these Terms at any time.

21.2 For material changes, we will provide at least 30 days’ written notice by:
– Email to the address on file for your account
– A prominent notice on our website and/or within the platform dashboard
– Where required by law, obtaining fresh consent

21.3 The most current version of these Terms will always be available at myezcare.com/terms-of-service.

21.4 If you continue to use the Service after the effective date of any changes, you are deemed to have accepted the updated Terms.

22. CONTACT INFORMATION

For any questions, concerns, or notices relating to these Terms and Conditions, please contact:

myEZcare LLC
Legal and Compliance Department
10869 N Scottsdale Rd, #103-551
Scottsdale, AZ 85254
United States

Email (Legal): [email protected]
Email (Support): [email protected]
Email (Privacy): [email protected]
Phone: +1 (855) 888-9273
Website: www.myezcare.com

By using myEZcare’s website or platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

© 2025 myEZcare LLC. All rights reserved.
This document does not constitute legal advice. We recommend that all healthcare agencies consult with a qualified healthcare attorney before executing a subscription agreement.