Master terms of service

These terms govern use of AcuityRow by licensed senior living operators, their authorized staff, and any agents working on their behalf. A signed order form, master services agreement, or business associate agreement may add to or override specific sections of these terms; where there is a conflict, the signed document controls.

AcuityRow is sold business-to-business. It is not offered to consumers, individual caregivers, or families directly.

• Operator administrators are responsible for who they invite, what role they assign, and removing access promptly when a staff member leaves.
• Each user must have their own credentials. Shared accounts are not permitted.
• We approve operator accounts manually; approval can be revoked if the use is outside scope (see acceptable use).

The operator is the covered entity for any PHI processed through the service. The operator agrees to:

• Provide notice and obtain consent from residents and families as required by law.
• Configure family update policies, including which message types require a named approver.
• Review and approve every AI-drafted family message before it is delivered.
• Use the survey trail and audit log as an organizational aid, not as a substitute for the operator's own clinical and compliance program.
• Not upload data the operator does not have the right to process.

AcuityRow surfaces signals, drafts language, and organizes work. It does not deliver clinical care. We do not guarantee outcomes, do not promise to detect every event, and do not represent that the service is correct in every case.

Decisions about care plans, medication, hospitalization, end-of-life, emergency response, and any other clinical matter are made by licensed staff. Nothing in AcuityRow is a clinical opinion or a substitute for one.

• Fees and billing terms are set in the order form. Invoices are issued in advance of the service period.
• Fees are exclusive of taxes. The operator is responsible for any applicable sales, use, or value-added tax.
• Annual subscriptions renew automatically for additional one-year terms unless either party gives written notice at least thirty (30) days before the renewal date.
• Past-due amounts may suspend access after written notice and a cure period.

Refund mechanics, including pilot terms, live in the refund policy.

Operator data, including PHI, belongs to the operator. AcuityRow processes it only to deliver the service and to meet legal and audit obligations. On termination, the operator may request an export in a machine-readable format, after which the data is deleted per the privacy notice.

We warrant that the service will materially perform as described in the documentation. Except as expressly stated, the service is provided "as is". We disclaim all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant survey outcomes, regulatory results, or clinical correctness.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages. Each party's aggregate liability under these terms is capped at the fees paid for the service in the twelve (12) months preceding the event giving rise to the claim, except for breaches of confidentiality, indemnification obligations, or willful misconduct.

The operator will defend and indemnify AcuityRow, Llc against claims arising from data uploaded without authority, family communications sent in violation of resident consent, or uses prohibited under acceptable use. AcuityRow, Llc will defend and indemnify the operator against third-party claims that the service, used as authorized, infringes intellectual property rights, subject to the liability cap above.

Either party may terminate for material breach with a thirty (30) day cure period. AcuityRow, Llc may suspend or terminate for unlawful use, security risk, or violation of acceptable use, with notice as soon as reasonably practicable. Sections that by their nature survive termination will survive.

These terms are governed by the laws of the State of Florida, excluding its conflict-of-laws rules. The parties will attempt to resolve disputes informally first; any unresolved dispute will be brought in the state or federal courts located in Palm Beach County, Florida.

Notices to AcuityRow, Llc should be sent to support@acuityrow.com. Contracting questions: sales@acuityrow.com. Postal notices: AcuityRow, Llc, 1489 W Palmetto Park Rd Ste 500, Boca Raton, FL 33486, United States. Phone: +1 (561) 310-6295.