CareSwaps
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Terms of Service

Effective March 24, 2026 · Jurisdiction: Colorado

1. Introduction and Entity Classification

CareSwaps, LLC ("Company," "we," "us," or "our") operates a healthcare technology platform that provides algorithmic transfer matching software services to families and loved ones seeking to support a family member's transition to a new care setting.

1.1 What CareSwaps Is

CareSwaps is a technology platform provider. The platform:

  • Provides a secure interface for families to submit transfer information and goals
  • Applies algorithmic matching based on operational criteria (bed availability, payer acceptance, geographic proximity, timing)
  • Displays potential facility options and operational information
  • Enables secure document management and compliance tracking
  • Provides a dashboard for monitoring transfer progress and outcomes

1.2 What CareSwaps Is Not

CareSwaps is explicitly not a healthcare provider, patient broker, referral service, placement agency, discharge planner, medical advisor, transportation provider, or facility recommender. CareSwaps does not:

  • Make clinical recommendations or medical decisions
  • Recommend specific facilities or assess facility appropriateness
  • Guarantee transfer outcomes or placement success
  • Coordinate, arrange, or facilitate actual patient transfers
  • Provide transportation or medical services
  • Make any claim regarding transfer timing or certainty

CareSwaps enables information sharing between families and the healthcare facility network, allowing families to explore options while facilities make independent decisions about patient admission.

2. Service Description and Subscription

2.1 CareSwaps Platform Access Subscription

CareSwaps offers a Platform Access Subscription at $299 per month. This subscription provides:

  • Access to the transfer matching network and facility database
  • Unlimited matching algorithm queries
  • Secure intake form submission and patient profile management
  • Swap monitoring dashboard to track transfer progress
  • Compliance document tools and secure file storage
  • Email support and customer service access

2.2 Transfer Matching Queries

Your subscription includes unlimited matching algorithm queries, allowing families to explore as many facilities as needed to find the right match for their loved one. There is no monthly cap or overage fee on matching queries.

2.3 Service Availability and Limitations

The Company endeavors to maintain platform availability during normal business hours. The Company is not liable for unavailability due to events beyond its reasonable control, including natural disasters, internet outages, or acts of God. CareSwaps provides software tools only and does not guarantee facility availability, bed allocation, payer authorization, or transfer completion.

2.4 Payer Eligibility

At launch, CareSwaps matching services are available for private-pay and commercially insured residents only. Residents whose care is funded primarily through Medicare or Medicaid are not currently eligible for platform matching services. Payer eligibility is subject to change.

3. Subscription Terms and Billing

3.1 Billing Cycle and Payment

The Platform Access Subscription is billed monthly at $299. Billing renews automatically each month on the same calendar date unless the subscription is canceled. Payment is collected via Stripe payment processing.

3.2 7-Day Cooling-Off Period

You have 7 days from your initial subscription purchase to request a full refund, no questions asked. This cooling-off period allows you to evaluate the platform risk-free. To request a refund within this period, contact hello@careswaps.com with your request.

3.3 Cancellation and Refunds

You may cancel your subscription at any time with no cancellation fee or penalty. Cancellation is effective at the end of the current billing period. To cancel, email hello@careswaps.com with the subject line "CANCEL REQUEST" or visit careswaps.com/cancel. Include your account email and the date you want the cancellation effective. You will receive confirmation within 24 hours.

If you cancel after the 7-day cooling-off period, no partial-month refund is issued. Your access continues through the end of your current billing period, and your subscription will not renew.

3.4 Price Changes

The Company may modify subscription pricing with 30 days' written notice. You may accept the new pricing or cancel your subscription without penalty if you do not accept the price increase.

3.5 Failed Payments

If your payment fails, we will attempt to reprocess it up to three times over 10 days. If payment is not successful after 10 days, your subscription may be suspended until payment is received.

4. Outcome Disclaimers and Transfer Limitations

4.1 No Guarantee of Outcome

IMPORTANT: CareSwaps provides transfer matching technology. Transfer outcomes depend on facility availability, clinical appropriateness, and regulatory requirements. CareSwaps does not guarantee any specific transfer or timeline.

Factors affecting transfer success are beyond CareSwaps' control, including:

  • Actual bed availability and inventory at destination facilities
  • Facility clinical and acceptance decisions
  • Insurance/payer authorization and coverage determinations
  • Your loved one's medical status and clinical changes
  • Transportation availability and logistics
  • Regulatory licensing actions or facility changes
  • Your family's own preferences or withdrawal of interest

4.2 Information Tool Only

The CareSwaps Platform provides informational tools only. Matching outputs are potential facility options based on operational criteria. A facility match displayed on the Platform does not represent a confirmed bed, an offer of admission, or any commitment from that facility. You must contact facilities independently to verify availability and explore whether they can meet your loved one's needs.

4.3 Clinical Decisions Are Facility Responsibility

All clinical decisions regarding your loved one's readiness for transfer and the appropriateness of any potential facility are made exclusively by licensed healthcare staff at your current facility and the destination facility. CareSwaps provides operational data only and does not assess clinical suitability.

4.4 No Medical Advice

CareSwaps does not provide medical advice, clinical recommendations, or healthcare guidance. All clinical and care decisions must be made in consultation with your loved one's healthcare providers.

Matching options generated by CareSwaps are based on operational factors only (bed availability, location, payer acceptance, timing). They are NOT clinical recommendations. Do NOT rely on CareSwaps to determine whether a facility is clinically appropriate for your loved one. Always consult the resident's healthcare provider before choosing a facility. The facility's medical team will assess clinical suitability independently. CareSwaps does not guarantee: (1) any specific transfer, (2) any timeline, (3) facility availability, (4) clinical suitability, or (5) payer acceptance.

5. Data Handling, HIPAA Compliance, and Security

5.1 HIPAA Compliance

CareSwaps complies with the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Parts 160 and 164. When families submit health information through CareSwaps intake forms, that information is treated as Protected Health Information (PHI).

5.2 Data Security

All health information and personal data submitted through CareSwaps is protected using industry-standard security measures:

  • Encryption at rest (AES-256) for all stored data
  • Encryption in transit (TLS 1.3) for all data transmission
  • Access controls limiting who can view your information
  • Audit logging of all access to your data
  • Security assessments and penetration testing will be conducted prior to launch and on a regular basis thereafter

5.3 What We Do With Your Information

Your health information is used exclusively to:

  • Execute matching algorithm queries to identify relevant facilities
  • Enable communication between you and destination facilities you select
  • Maintain your account and provide customer support
  • Comply with legal obligations

Your information is never sold, shared with advertisers, or used for marketing purposes without your explicit consent. Information may be shared with destination facilities only when you explicitly authorize sharing through the platform.

5.4 Data Retention

Your health information is retained for 6 years from the date of your last service interaction to comply with HIPAA record retention requirements (45 CFR § 164.530(j)). After that period, your data is securely deleted or de-identified.

6. User Conduct and Account Responsibilities

6.1 Account Authorization

You agree that you are authorized to submit health information on behalf of your loved one or have obtained all necessary permissions to do so. If you are not the patient or their legal representative, you must obtain written authorization before submitting any health information.

6.2 Accuracy of Information

You agree to provide accurate and current information when using CareSwaps. You are responsible for maintaining the confidentiality of your account login credentials.

6.3 Prohibited Activities

You agree not to:

  • Share your login credentials with unauthorized individuals
  • Submit false or misleading health information
  • Attempt to bypass security measures or access other users' data
  • Use the platform for illegal, harmful, or fraudulent purposes
  • Disclose health information shared with you through the platform to unauthorized third parties

6.4 Multi-Factor Authentication

CareSwaps requires multi-factor authentication (MFA) for account security. You must enable and maintain MFA on your account.

7. Limitation of Liability and Disclaimers

7.1 No Liability for Transfer Outcomes

CareSwaps is not liable for any transfer outcome, failed transfer, delayed transfer, or clinical consequence resulting from a family's use of the platform. Transfer success depends on facility decisions, clinical appropriateness, and factors beyond CareSwaps' control.

7.2 Limitation of Liability

IN NO EVENT SHALL CARESWAPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST OPPORTUNITY, EMOTIONAL DISTRESS, OR OTHER HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CareSwaps' total liability for any claim shall not exceed the total amount you paid to CareSwaps in the 12 months preceding the claim.

7.3 Basis of Service

The CareSwaps Platform is provided on an "as-is" basis. CareSwaps makes no warranty that the platform will meet your needs, will be error-free, or will produce any specific outcome regarding transfer placement or timing.

8. Indemnification

8.1 Your Indemnification

You agree to indemnify and hold harmless CareSwaps from any claim, liability, or expense arising from your misuse of the platform, breach of these Terms, or submission of false health information.

8.2 CareSwaps Indemnification

CareSwaps agrees to indemnify you from any claim that the platform infringes intellectual property rights or that CareSwaps has violated HIPAA or unauthorized disclosed your health information.

9. Dispute Resolution and Governing Law

9.1 Colorado Jurisdiction

These Terms are governed by Colorado law, without regard to conflict-of-law principles.

9.2 State Compliance (Colorado)

CareSwaps complies with Colorado state law governing healthcare technology platforms, including C.R.S. § 24-31-809 (Colorado Medicaid Anti-Kickback provisions). Our fee structure — platform access subscriptions for technology services — is designed to comply with both the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and applicable Colorado state requirements. For questions on state-specific compliance, contact hello@careswaps.com.

9.3 Informal Resolution First

Before initiating formal legal proceedings, you agree to attempt good-faith resolution by contacting hello@careswaps.com with a detailed description of your dispute.

9.4 No Class Actions

To the fullest extent permitted by applicable law, any legal action must be brought on an individual basis. You agree to waive the right to participate in any class action or class-wide arbitration against CareSwaps. If any court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed, and the remaining claims shall continue to be subject to individual resolution.

10. Intellectual Property

10.1 Platform Ownership

CareSwaps retains all right, title, and interest in the platform, including all software, algorithms, and documentation. You grant CareSwaps no ownership interest in these assets.

10.2 License to Use

CareSwaps grants you a non-exclusive, non-transferable license to access and use the platform solely for your personal healthcare decision-making. You may not sublicense, resell, or permit third parties to access the platform without permission.

11. Termination and Account Closure

11.1 Termination by You

You may terminate your subscription at any time by contacting hello@careswaps.com. Termination is effective at the end of the current billing period. No partial-month refund is issued, but your access continues through the end of the billing period. The 7-day full refund cooling-off period (from your first payment) is separate and unaffected.

11.2 Termination by CareSwaps

CareSwaps may terminate your account if you materially breach these Terms, misuse the platform, or use it in violation of law.

11.3 Effect of Termination

Upon termination, your platform access is revoked at the end of the current billing period. Non-health personal data (account details, contact information) may be deleted after 90 days unless you request earlier deletion. Protected Health Information (PHI) is retained for 6 years from your last service interaction as required by HIPAA (45 CFR § 164.530(j)), after which it is securely deleted or de-identified. See our Data Retention Policy for complete details. You may request deletion of your data at any time by contacting hello@careswaps.com.

12. Consumer Protection and Colorado Law

12.1 Colorado Consumer Protection Act

Your use of CareSwaps is subject to the Colorado Consumer Protection Act (C.R.S. § 6-1-101 et seq.). You have the right to pursue remedies under Colorado law for any deceptive or unfair practices.

12.2 Compliance Certifications

CareSwaps is a healthcare technology platform, not a healthcare provider, patient broker, or patient placement service. CareSwaps does not charge referral fees, placement fees, or transaction fees conditioned on transfer outcomes. Fees are charged only for platform subscription access, not for any specific transfer result.

12.3 Entity and Registered Agent Information

CareSwaps, LLC is a Colorado limited liability company. Registered Agent: Michael Ford, 2519 S. Shields St. Suite 1K PMB 1159, Fort Collins, Colorado 80526.

13. Modifications to Terms and Service

13.1 Right to Modify

CareSwaps reserves the right to modify these Terms at any time with 30 days' written notice. Material changes will be communicated via email. Continued use of the platform following notification constitutes acceptance of the modified terms.

13.2 Service Changes

CareSwaps may modify the platform features, matching algorithm, or service scope with reasonable notice.

14. Automated Communications Consent

14.1 Consent to Automated Communications

By submitting an intake form, creating an account, or otherwise providing your telephone number to CareSwaps, you consent to receive calls and text messages at the number provided, including communications made using automated telephone dialing systems, artificial intelligence, pre-recorded voice, and/or artificial voice technology, in accordance with the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations.

14.2 Types of Communications

Automated communications may include:

  • Transactional/Informational: Platform notifications, transfer status updates, swap status alerts, account-related messages, and service announcements. By using the platform, you consent to receive these communications related to your active transfers and account.
  • Marketing: Promotional communications about CareSwaps services, features, or related offerings. CareSwaps will obtain your separate prior express written consent before sending marketing calls or texts using automated technology. You may opt out of marketing communications at any time without affecting your platform access or service quality.

14.3 AI and Artificial Voice Technology

CareSwaps may use artificial intelligence and/or artificial voice technology in automated calls and messages. In accordance with the FCC's February 2024 declaratory ruling, AI-generated voices constitute "artificial or prerecorded voice" under the TCPA. Your consent under this section expressly covers communications made using such technology.

14.4 Opt-Out Rights

You may revoke consent to automated communications at any time by:

  • Texting STOP in reply to any text message
  • Emailing hello@careswaps.com with the subject line "Opt Out"
  • Updating your communication preferences through your account (when available)

Opting out of transactional messages may limit our ability to provide real-time transfer updates and swap notifications. Opting out of marketing messages will not affect transactional communications or your platform access.

14.5 Message Frequency and Rates

Message frequency varies based on platform activity. Message and data rates may apply per your wireless carrier's standard rates. CareSwaps is not responsible for charges imposed by your carrier. Consent to receive automated communications is not a condition of purchasing or using the CareSwaps platform.

14.6 HIPAA Compliance for Communications

Automated calls and text messages from CareSwaps will not contain Protected Health Information (PHI) unless sent through HIPAA-compliant channels with appropriate encryption and access controls. De-identified information (such as swap IDs and general status updates) may be communicated via standard SMS or automated voice. Communications containing patient-identifiable information will only be sent through encrypted, BAA-covered channels (e.g., encrypted email via Paubox or Google Workspace).

14.7 Colorado Telemarketing Compliance

CareSwaps complies with the Colorado Telemarketing Act (C.R.S. § 6-1-901 et seq.) and maintains compliance with both federal (FTC) and Colorado Attorney General Do-Not-Call registries for outbound marketing communications.

15. Miscellaneous

15.1 Entire Agreement

These Terms, along with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and CareSwaps.

15.2 Severability

If any provision is found invalid, the remaining provisions continue in effect.

15.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Notices

All notices must be in writing and sent via email to hello@careswaps.com or to the email address associated with your account.

15.5 Force Majeure

Neither party is liable for failure to perform due to events beyond its reasonable control.

Important Disclaimer: CareSwaps provides transfer matching technology for families to explore facility options. Transfer outcomes are determined by facility clinical decisions, bed availability, insurance authorization, and regulatory requirements—none of which are guaranteed by CareSwaps. By using this service, you acknowledge that you understand the limitations described in these Terms and that successful transfer is not guaranteed.

CareSwaps

Healthcare technology platform enabling families to find senior care facility transfer opportunities — across skilled nursing, assisted living, memory care, and more — through algorithmic matching and swap chain technology.

hello@careswaps.com

Fort Collins, Colorado

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