Terms of Service
Last updated: November 10, 2026
1. About these terms
These Terms of Service ("Terms") are between DolphinCare Ltd. ("DolphinCare," "we," or "us") and the skilled nursing facility or other organization that uses our browser extension, related services, and website (together, the "Services"). We call that organization the "Customer." "You" means the Customer and anyone who uses the Services for it (an "Authorized User").
By installing or using the Services, you agree to these Terms. If you use the Services for an organization, you confirm that you have authority to accept the Terms for it.
If the Customer has a signed agreement with us, such as a master services agreement or order form, that agreement controls wherever it conflicts with these Terms. Our Business Associate Agreement ("BAA") controls for PHI.
Our Privacy Policy explains how we handle information.
2. Who can use the Services
- The Services are for U.S. skilled nursing facilities and their staff.
- Authorized Users must be 18 or older and approved by the Customer.
- Each person must use their own login. Do not share accounts. Keep credentials secret and use MFA where offered.
- The Customer is responsible for everything its Authorized Users do with the Services.
3. License
We give the Customer a limited, non-exclusive, non-transferable, revocable license to use the Services for its own internal operations while these Terms are in effect. We keep all rights not expressly given.
The extension works only with PointClickCare. The Customer must have the right to use PointClickCare and to let the extension read the information shown there.
4. Customer responsibilities
- Follow HIPAA and all other laws that apply to the Customer.
- Sign a BAA with us before using the Services with PHI.
- Give any notices to, and get any consents from, its staff and residents that the law requires, and make sure it has the permissions it needs to share resident information with us.
- Review and approve everything the Services suggest before using it.
- Do not send PHI to our support email or support tickets.
- Tell us promptly if you think an account has been misused.
5. Clinical and coding disclaimer
The Services give suggestions to help staff. They are not medical advice, and they do not replace clinical judgment.
The Customer and its licensed clinicians are solely responsible for:
- the accuracy and completeness of MDS assessments and any other records;
- coding, billing, and reimbursement decisions;
- resident care decisions; and
- compliance with CMS and other rules, including during audits.
We do not promise any level of reimbursement, any audit result, or that suggestions are correct or complete.
6. AI features
Some suggestions are created with AI. AI can be wrong, miss things, or give different answers to the same question. A trained person at the Customer must review every AI suggestion before relying on it. The Privacy Policy explains how AI providers handle information.
7. Acceptable use
You may not:
- copy, reverse engineer, or try to get the source code of the Services;
- use the Services to build a competing product or to collect data beyond normal use;
- share, sell, or rent access to the Services;
- break the law or violate anyone's rights while using the Services;
- upload malicious code, or try to break, overload, or bypass the security of the Services; or
- use the Services in a way that puts residents or others at risk.
We may suspend access if we believe these rules are broken or the Services are at risk.
8. Customer data and ownership
The Customer keeps all rights to its data, including PHI ("Customer Data"). The Customer gives us the right to use Customer Data to provide, secure, and support the Services, and as the BAA allows.
We own the Services, including the software, designs, and anything we create. If you send us feedback, we may use it without owing you anything.
9. Fees and payment
Fees, billing, renewal, and cancellation terms are set out in the Customer's order form or agreement with us.
10. Term and ending the agreement
These Terms last as long as the Customer uses the Services or has an active order. The Customer or we may end the agreement as set out in the Customer's order form or agreement. We may also suspend or end access if the Customer breaks these Terms.
When the contract ends, access stops. We delete Customer Data within 30 days, unless the law requires us to keep it. Audit and security logs are kept as described in our Privacy Policy.
11. Security and breach notice
We use the safeguards described in the Privacy Policy. We have an active SOC 2 Type 2 report covering the Security, Confidentiality, and Availability criteria, and we go through independent assessments of our compliance with the HIPAA Security and Privacy Rules.
If there is a breach involving Customer Data, we will notify the Customer without unreasonable delay. We will do so within the time the BAA requires, and no later than 60 calendar days after discovery.
12. Confidentiality
Each side must keep the other's non-public information confidential and use it only for these Terms. This does not apply to information that is public, already known, or that the law requires us to share.
13. Disclaimer of warranties
The Services are provided "as is" and "as available." To the extent the law allows, we do not make any other promises, including that the Services will be error-free or always available, or that they are fit for a particular purpose.
14. Limit of liability
To the extent the law allows:
- neither side is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue; and
- our total liability for all claims about the Services is limited to the fees the Customer paid us in the 12 months before the event that caused the claim.
This does not limit any liability that the law does not allow to be limited.
15. Disputes
If there is a disagreement, please contact us at support@dolphincare.ai first, and we will try to resolve it in good faith.
16. Changes to these Terms
We may update these Terms. We will post the new version and change the date at the top. For material changes, we will notify you by email. Continued use after the change means you accept it.
17. General
- These Terms, the Privacy Policy, the BAA, and any signed order form are the whole agreement on this subject.
- If part of these Terms is not enforceable, the rest still applies.
- You may not transfer these Terms without our written consent. We may transfer them in a merger or sale.
- If we do not enforce a right, we have not given it up.
- Neither side is responsible for delays caused by events outside its control.
- Notices to us go to support@dolphincare.ai. Notices to you go to the email on your account.
18. Contact us
DolphinCare Ltd.