Effective: July 26, 2026. Provider: GMETI LLC (“HiveCare”, “we”)
HiveCare is a communication platform for home-health agencies. Your organization subscribes to the service and creates your account; you agree to use it securely and lawfully. We license you the app for as long as the subscription lasts. Health information is governed by the HIPAA agreement (BAA) with your organization. HiveCare is not an emergency service and does not replace clinical judgment.
1. Acceptance
By accessing or using the HiveCare application, website or services (the “Service”) you agree to these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind it, and “you” includes that organization. If you do not agree, do not use the Service.
Who is bound: An organization becomes bound by these Terms when it signs its Service Order Form, section 9 of which incorporates them. An employee’s click inside the app does not by itself bind the organization and is not a substitute for that signature. If you access the Service as a member of an organization’s workforce (administration, nursing, caregivers), your acceptance in the app binds you, in your own name, as to your use of the Service — in particular sections 4, 5, 6, 7 and 14 — and does not alter what your organization’s signature already binds it to.
Clients and their family contacts are not bound by these Terms: The End-User Terms, published at hivecareapp.com/app-terms, apply to them; they accept those themselves in the app, and those Terms contain no arbitration clause and no class-action waiver. No organization can accept any document on behalf of a client or a family contact. We keep a record of every acceptance (document, version, date and IP).
Order of precedence: Where an organization has signed a Service Order Form with HiveCare, these Terms apply to it and to all of its users, together with that Order Form and with the Business Associate Agreement (BAA) between the organization and HiveCare. If those documents conflict, they prevail in this order: (1) the BAA, for matters concerning protected health information; (2) the Order Form, for commercial terms such as plan, fees and term; and (3) these Terms, for everything else. The limitation of liability in section 12 applies to all three documents, including the BAA.
2. The Service
HiveCare is a communication and care-coordination platform — messaging, voice calls, team and client management — for home-health agencies and their staff. The Service is subscribed to by organizations; individual accounts are created and administered by the organization you belong to, which decides your role and permissions.
3. License to use
While your organization holds an active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the HiveCare applications and access the Service, solely for your organization’s care coordination. You may not: copy, modify, distribute, sell or lease the software; reverse-engineer it or attempt to extract its source code (except as expressly permitted by law); or circumvent its security measures. This license takes the place of any separate end-user license agreement.
4. Accounts and security
Each person must use their own account and keep their credentials secret; shared accounts are prohibited. You are responsible for activity under your account. Notify us immediately of any unauthorized use (support@hivecareapp.com). We may enforce reasonable security requirements (password complexity, device verification). You must be 18 or older to hold an account.
5. Acceptable use
You agree NOT to: (a) use the Service unlawfully or outside its care-coordination purpose; (b) upload malicious content or interfere with the Service’s security or operation; (c) attempt to access another organization’s or user’s data without authorization; (d) resell the Service or grant access to unauthorized third parties; (e) impersonate another person. We may suspend accounts that violate these rules, with notice where reasonable. We may suspend access immediately and without prior notice where there is a security risk, a credential compromise, use that endangers other people’s information, or a legal obligation requiring it; we will notify you as soon as reasonably practicable.
6. Health information and HIPAA
When an organization processes protected health information (PHI) through the Service, HiveCare acts as its HIPAA Business Associate. Processing of that PHI is governed by the Business Associate Agreement (BAA) signed between the organization and HiveCare, which controls over these Terms as to PHI. The organization is responsible for having the necessary authorizations for the data it enters and for raining its staff in proper use.
7. Your content and our property
You (or your organization) keep ownership of the content you enter. You grant us a limited license to host, transmit and process it solely to provide the Service. The software, the brand and everything that is not your content are owned by HiveCare or its licensors. Personal-data processing is described in the Privacy Policy (https://hivecareapp.com/privacy-policy/).
8. Plans, payments and renewal
Access requires a per-organization subscription. Price, capacity and payment terms are agreed with each organization in its Service Order Form, which prevails over this section. Today invoicing is manual and payment is made outside the application; when automated billing is enabled it will be processed through Stripe, and we will never store card numbers. Unless agreed or required by law otherwise, fees are billed in advance and are non-refundable for partial periods. We may change prices with reasonable advance notice; changes apply from the next billing period. Non-payment may suspend the organization’s access after notice.
9. Availability and changes
We strive to keep the Service available, but interruptions may occur for maintenance, updates or causes beyond our control. We may improve or modify features; if we retire an essential feature we will give reasonable advance notice.
10. App stores
If you install the app from Google Play or the App Store, that store’s terms also apply to you. Apple and Google are not parties to these Terms and are not responsible for the Service. On the App Store, Apple’s Standard EULA also applies to the extent it does not conflict with these Terms.
Terms required by Apple: When you use the app on an Apple device: (a) these Terms are an agreement between you and HiveCare only, not with Apple; (b) the licence in section 3 is limited to using the app on Apple-branded products that you own or control, as permitted by the App Store Usage Rules; (c) HiveCare, not Apple, is solely responsible for the app and its content; (d) Apple has no obligation whatsoever to furnish maintenance or support; (e) if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any — to the maximum extent permitted by law that is Apple’s only warranty obligation; (f) HiveCare, not Apple, is responsible for addressing any claim by you or a third party relating to the app, including product-liability, regulatory-compliance and consumer-protection claims; (g) HiveCare, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual-property infringement claim; (h) you represent that you are not located in a country subject to a U.S. embargo and are not on any prohibited-party list; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
11. Termination
You may stop using the Service at any time; your organization may cancel its subscription per its Service Order Form. We may suspend or terminate access for a material breach of these Terms. After termination, data retention and return follow the Privacy Policy and the applicable BAA; sections that by their nature should survive (ownership, liability, governing law) survive.
12. Warranties and liability
The Service is provided “as is” and “as available,” without implied warranties except those that cannot be excluded by law. To the maximum extent permitted by law, HiveCare is not liable for indirect, incidental or consequential damages, and HiveCare’s total aggregate liability is limited to the amounts paid by the organization in the 12 months preceding the event giving rise to it. HiveCare is a communication tool: it does not provide medical services, does not replace professional clinical judgment, and must NOT be used for emergencies — in an emergency call 911. HiveCare is not a medical device, is not certified electronic health record (EHR) technology, and does not provide medical advice, diagnosis or treatment; it makes no clinical decisions and does not assist in making them.
13. Governing law
These Terms are governed by the laws of the State of Colorado, USA, without prejudice to mandatory consumer-protection rules of your jurisdiction. The parties will attempt to resolve any dispute in good faith before resorting to the courts of Colorado.
14. Dispute resolution: arbitration and class-action waiver
Read this section carefully: it affects how claims are resolved. This section applies to organizations and their workforce. It does not apply to clients or family contacts, who are governed by the End-User Terms and keep their right to go to court in full.
Mandatory first step: Before starting an arbitration, the claiming party will send the other a written notice setting out the claim, the facts it rests on and the relief sought — to legal@hivecareapp.com if the claim is against us. The parties will negotiate in good faith for 60 days from that notice. Arbitration may only be started once that period has run; while it runs, the period in section 15 is suspended.
After that step, any dispute arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration, administered by the American Arbitration Association under its commercial rules, in Colorado, USA, or by video conference. You waive trial by jury and the right to take part in a class or representative action; the arbitrator may not consolidate more than one person’s claims or award relief on a class-wide basis.
Procedure and costs: For claims under US$100,000 the AAA’s Expedited Procedures apply and, unless the parties agree otherwise, the matter will be decided on documents only, without an in-person hearing. The party starting the arbitration advances the filing fees. Each party bears its own attorney‘s fees and its share of the arbitration costs, with one exception: if the arbitrator finds that a claim or a defence was brought in bad faith, frivolously or for delay, the arbitrator may award the other party its reasonable fees and costs.
Excluded from arbitration: claims that may be brought in a small-claims court, and requests for injunctive relief to protect intellectual property or confidentiality, which may be brought in the courts of Colorado.
You may opt out of this section by emailing arbitration-optout@hivecareapp.com — support@hivecareapp.com also works — with the subject “Arbitration opt-out” within 30 days of first accepting these Terms, identifying your organization. Opting out does not affect the rest of these Terms or the service you receive. This section does not apply where the mandatory law of your jurisdiction prohibits it.
15. Time limit for claims
To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one year of the event giving rise to it; after that period the claim is permanently barred.
16. Indemnification by the organization
If you are an organization using the Service, you will defend and indemnify HiveCare — and its members, personnel and suppliers — against third-party claims, losses, penalties and reasonable costs (including attorneys’ fees) arising from: (a) the content you or your users enter into the Service; (b) your or your users’ use of the Service in breach of these Terms or applicable law; (c) your failure to obtain the consents or authorizations required for the data you enter; (d) clinical or care decisions made by you or your personnel; and (e) **claims by your clients, patients or residents, their family members or their legal representatives** relating to the care provided, to the communication between them and your personnel, or to the access you gave them to the Service.
This obligation does not cover the portion of a claim caused by HiveCare’s own breach or negligence, and it imposes no indemnity obligation on individual users who are not an organization.
Insurance: For as long as your subscription runs you will keep in force, with financially sound insurers, commercial general liability insurance and professional liability (errors and omissions) insurance with limits consistent with customary practice in your industry, and you will give us the certificate on request.
Relationship with section 12: The liability cap in section 12 limits HiveCare’s liability; it does not limit your indemnity or payment obligations under this section.
17. Force majeure
Neither party is liable for a failure to perform caused by events beyond its reasonable control — natural disasters, war, terrorism, civil unrest, epidemics, acts of government, strikes, power or telecommunications failures, or failures of infrastructure providers — provided it works diligently to resume performance. This does not excuse payment of amounts already due.
18. Assignment
You may not assign these Terms or your rights under them without our prior written consent. We may assign them to a successor by merger, acquisition or sale of substantially all assets, provided the successor assumes these Terms.
19. General
Severability: if any provision is held invalid or unenforceable, it will be reformed to the minimum extent necessary to make it enforceable while preserving its intent, and the rest remains in full force.
Entire agreement: these Terms, together with the Privacy Policy and — where they exist — the applicable Order Form and BAA, are the entire agreement about the Service and supersede any prior understanding.
No waiver: our failure to exercise a right is not a waiver of it, and a one-off waiver does not extend to later events.
Survival: sections that by their nature should survive termination do so. Headings are for convenience only.
20. Language
These Terms are published in English and Spanish. If the two versions differ, the English version controls as the authoritative text; the Spanish version is offered to aid understanding.
21. Changes and contact
We may update these Terms; we will post the current version with its date and, for material changes, give reasonable advance notice and ask you to accept them again in the app. Continued use after a non-material change means you accept it.
support@hivecareapp.com · GMETI LLC, 2838 Sage Creek Rd, Fort Collins, CO 80528, USA.
