Terms of Service

Welcome to Empcare. These Terms of Service ("Terms") govern your access to and use of the Empcare care home management platform (the "Service"), operated by Sendosha LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms are in addition to, and do not replace, any Subscriber Agreement you may have signed with us (including Founder Subscriber Agreements). In the event of a conflict between these Terms and your Subscriber Agreement, the Subscriber Agreement shall govern.

1. DEFINITIONS

1.1. KEY TERMS

• "Subscriber" means any care home operator or organization that has entered into a subscription agreement with Sendosha LLC to use the Service.
• "Authorized User" means any individual granted access to the Service by a Subscriber, including care managers, caregivers, and administrative staff.
• "Content" means any data, documents, records, forms, images, or other materials uploaded to, created within, or generated by the Service.
• "Patient Data" means any information relating to patients stored within the Service, including but not limited to personal identification, medical records, medication information, and admission documentation.

2. ACCOUNT REGISTRATION AND ACCESS

2.1. ACCOUNT CREATION

To use the Service, Subscribers must create an account and provide accurate, complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2. AUTHORIZED USERS

Subscribers are responsible for managing access for their Authorized Users, including assigning appropriate roles and permissions. The Service provides role-based access controls (RBAC) to ensure that users only access information appropriate to their role. Subscribers are responsible for configuring these controls appropriately for their organization.

2.3. ACCOUNT SECURITY

You agree to:

• (a) keep your login credentials confidential;
• (b) notify us immediately of any unauthorized access to your account;
• (c) not share accounts or credentials between individuals; and
• (d) ensure that all Authorized Users comply with these Terms.

3. ACCEPTABLE USE

3.1. PERMITTED USE

The Service is intended solely for the management of care home operations, including patient documentation, caregiver management, facility management, and related administrative functions. You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations.

3.2. PROHIBITED CONDUCT

You agree NOT to:

• (a) use the Service for any unlawful purpose;
• (b) attempt to gain unauthorized access to any part of the Service or its systems;
• (c) reverse engineer, decompile, or disassemble any part of the Service;
• (d) use the Service to store or transmit malicious code;
• (e) share, sell, or distribute access to the Service to unauthorized parties;
• (f) use the Service to collect or store information beyond what is necessary for care home management; or
• (g) circumvent or disable any security features of the Service.

4. DATA OWNERSHIP AND RESPONSIBILITIES

4.1. YOUR DATA

You retain all ownership rights to the Content you upload to or create within the Service. Sendosha LLC does not claim ownership of your Content. We will not access, use, or share your Content except as necessary to provide and improve the Service, or as required by law.

4.2. DATA ACCURACY

Subscribers are solely responsible for the accuracy, completeness, and legality of all Content entered into the Service. This includes ensuring that patient records, caregiver documentation, and facility information are accurate and up to date. Sendosha LLC is not responsible for errors in data entered by Subscribers or their Authorized Users.

4.3. SENSITIVE DATA

The Service is designed to store sensitive personal information, including Social Security Numbers, medical records, and other protected data. By using the Service to store such information, you represent and warrant that:

• (a) you have the legal authority and any required consent to collect and store such information;
• (b) you will only enter information that is necessary for care home management operations; and
• (c) you will comply with all applicable privacy and data protection laws.

4.4. DATA EXPORT AND PORTABILITY

Upon termination of your subscription, you may request an export of all your Content in a standard, machine-readable format. Export requests must be made within thirty (30) days of account termination. We will fulfill export requests within thirty (30) days of receipt.

5. SUBSCRIPTION AND PAYMENT

5.1. FEES

Subscription fees are as specified in your Subscriber Agreement. Standard rates, Founder rates, and any promotional pricing are governed by the applicable Subscriber Agreement. All fees are quoted in U.S. dollars.

5.2. BILLING

Subscriptions are billed monthly in advance. Payment is due on the billing date. We accept payment methods as indicated during account setup. If a payment fails, we will notify you and provide a grace period of fifteen (15) days to resolve the payment issue before suspending access.

5.3. PRICE CHANGES

We may change subscription fees with at least sixty (60) days' written notice. Price changes will not apply during any fixed-rate period specified in your Subscriber Agreement (e.g., the Founder Period). Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

6. SERVICE AVAILABILITY AND SUPPORT

6.1. UPTIME

We will use commercially reasonable efforts to maintain the availability of the Service. We do not guarantee 100% uptime. Scheduled maintenance will be announced in advance when possible.

6.2. SUPPORT

We provide customer support through channels specified on our website. Response times may vary based on issue severity and your subscription tier.

6.3. MODIFICATIONS

We may modify, update, or discontinue features of the Service from time to time. We will provide reasonable notice of any material changes that significantly affect your use of the Service.

7. INTELLECTUAL PROPERTY

7.1. OUR PROPERTY

The Service, including its software, design, features, documentation, and all related intellectual property, is owned by Sendosha LLC. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription term.

7.2. RESTRICTIONS

You may not:

• (a) copy, modify, or create derivative works of the Service;
• (b) sublicense, sell, or redistribute the Service;
• (c) use the Service to build a competing product; or
• (d) remove any proprietary notices from the Service.

7.3. FEEDBACK

If you provide feedback, suggestions, or ideas about the Service, you grant Sendosha LLC a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate that feedback into the Service without obligation to you.

8. TERMINATION

8.1. TERMINATION BY YOU

You may terminate your subscription at any time by providing thirty (30) days' written notice. Upon termination, your access to the Service will end at the close of your current billing cycle.

8.2. TERMINATION BY US

We may suspend or terminate your access to the Service if:

• (a) you breach these Terms or your Subscriber Agreement;
• (b) your payment is past due beyond the grace period;
• (c) we are required to do so by law; or
• (d) we reasonably believe your use poses a security risk.

We will provide written notice and, where practicable, an opportunity to cure before termination, except in cases of serious or immediate security concerns.

8.3. EFFECT OF TERMINATION

Upon termination:

• (a) your license to use the Service immediately ends;
• (b) you may request a data export per Section 4.4;
• (c) after the export period, your data will be deleted in accordance with our Privacy Policy; and
• (d) any outstanding fees remain due and payable.

9. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDOSHA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

The Service is a management tool and is not a substitute for professional medical, legal, or regulatory advice. Subscribers are responsible for ensuring their operations comply with all applicable healthcare regulations, licensing requirements, and standards of care.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDOSHA LLC'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL SENDOSHA LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sendosha LLC, its officers, members, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any Content you upload to the Service that infringes on the rights of a third party.

12. DISPUTE RESOLUTION

Any disputes arising under these Terms shall be resolved through the following process: (1) the parties shall first attempt to resolve the dispute through good-faith negotiation; (2) if negotiation fails, the parties shall submit the dispute to mediation in the State of California; (3) if mediation fails, either party may pursue legal remedies in the state or federal courts located in California. These Terms shall be governed by the laws of the State of California.

13. GENERAL PROVISIONS

13.1. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and your Subscriber Agreement, constitute the entire agreement between you and Sendosha LLC regarding the Service.

13.2. AMENDMENTS

We may update these Terms from time to time. We will notify Subscribers of material changes by email or through the Service at least thirty (30) days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance.

13.3. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13.4. ASSIGNMENT

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of all or substantially all of our assets.

13.5. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14. CONTACT

For questions about these Terms of Service, contact us at:

Last updated: April 16, 2026