Terms of Service

Effective Date: October 8, 2025
Last Updated: October 8, 2025
1. Agreement Overview

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Elk Lake Labs LLC, a Wyoming limited liability company, doing business as Homecare Copilot ("Company," "we," "us," or "our"). By accessing or using the Homecare Copilot platform and services ("Service"), you agree to be bound by these Terms.

Company Information

  • Legal Entity: Elk Lake Labs LLC
  • DBA: Homecare Copilot
  • Contact: Support@HomecareCopilot.app
2. Service Description

Homecare Copilot is an AI-powered Customer Relationship Management (CRM) platform designed for non-medical in-home caregiving companies and franchises. Our Service includes:

Core Features

  • AI-powered sales call analysis and coaching tools
  • Lead management and automated nurture campaigns
  • Client onboarding workflows and success tracking
  • Communication management and team collaboration
  • Third-party service integrations
  • AI-assisted training and practice tools

Service Availability

We work to maintain reliable service availability for our platform. Scheduled maintenance will be announced in advance when possible. Service availability may be affected by factors beyond our control, including third-party service outages and infrastructure dependencies.

3. Account Registration and Access

Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. By registering, you represent that all information provided is accurate and current.

Account Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You must immediately notify us of any unauthorized access or security breaches
  • Sharing login credentials between users or organizations is prohibited
  • Each user must have their own individual account

Organization Management

  • Account administrators can add, remove, and manage user access within their organization
  • Users can only access data belonging to their assigned organization
  • User roles (admin, manager, member) determine data visibility and feature access
4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. Prohibited activities include:

Security Violations

  • Attempting to access other organizations' data or accounts
  • Reverse engineering, decompiling, or attempting to extract our software or systems
  • Automated scraping or bulk data extraction beyond normal export features
  • Uploading malicious content, viruses, or harmful code

AI Feature Misuse

  • Using AI features for illegal activities or harassment training
  • Attempting to manipulate AI responses for fraudulent purposes
  • Violating third-party AI provider terms of service
  • Using AI features to generate content that violates applicable regulations

Business Violations

  • Using the platform to develop competing services without authorization
  • Reselling access or creating derivative services without permission
  • Attempting to copy or replicate our service offerings

Data and Content Violations

  • Storing data that violates applicable privacy laws
  • Using the service for spam or unsolicited marketing
  • Uploading content that infringes intellectual property rights
  • Storing illegal, defamatory, or harmful content

Resource Abuse

  • Excessive usage attempts that overwhelm system resources
  • Transferring usage credits between organizations without authorization
  • Using automated tools to circumvent usage limitations
5. Pricing and Payment Terms

Subscription Plans

Our pricing is based on the number of users in your organization:

  • Single User: $100/month (1 user, 60 AI coaching minutes)
  • Dual User: $150/month (2 users, 60 AI coaching minutes)
  • Team: $225-300/month (3-4 users, 90 AI coaching minutes)
  • Enterprise: $200 base + $25 per additional user above 4 (5+ users, 120 AI coaching minutes)

Additional AI coaching minutes may be purchased separately. All fees are exclusive of applicable taxes and billed monthly in advance.

Payment Processing

  • Payments processed via Stripe with automatic monthly billing
  • Payment methods: major credit cards
  • Failed payments may result in service suspension after a brief grace period
  • You are responsible for maintaining current payment information

Price Changes

We may modify pricing with 30 days' written notice. Changes apply to subsequent billing cycles. Existing customers may continue at current rates for the remainder of their billing cycle.

Refunds and Credits

  • 30-Day Money Back Guarantee: Full refund available within 30 days of initial signup
  • No refunds for partial months or unused coaching minutes
  • Service credits may be provided at our discretion for significant service outages
  • Refund requests must be submitted to support@HomecareCopilot.app
6. Data Ownership and Privacy

Customer Data Ownership

You retain all rights to your data, including:

  • Call transcripts and analysis results
  • Prospect and client information
  • Communication histories
  • Coaching insights and recommendations

Note: Call recordings are stored by your phone service provider (such as OpenPhone). We process transcripts provided by these services.

Data Processing

We process your data solely to provide our services, including:

  • AI analysis of call transcripts and communication patterns
  • Performance coaching and improvement recommendations
  • Integration with third-party services you authorize
  • Service optimization and feature development (using aggregated, anonymized data)

Data Security

  • Industry-standard encryption for data in transit and at rest
  • Organization-level data isolation to protect your information
  • Appropriate security measures for our service size and scope
  • Compliance with applicable data protection regulations

Data Retention

  • Active Accounts: Data retained for duration of service
  • After Cancellation:
    • Immediate deletion option available upon request
    • Standard retention: 90 days for potential account restoration
    • Permanent deletion after a 90-day period
  • Legal/Audit Data: Up to 7 years for compliance purposes
  • Anonymized Analytics: May be retained indefinitely for service improvement
7. Privacy and HIPAA Compliance

General Privacy

Our Privacy Policy, incorporated by reference, governs our collection and use of your information. We implement appropriate safeguards to protect your data privacy.

Platform Purpose and HIPAA

Homecare Copilot is designed as a marketing and sales platform for home care businesses, not as a long-term healthcare data storage system. Our HIPAA approach includes:

  • Onboarding Assessment: We determine during signup if your organization requires HIPAA compliance
  • Business Associate Agreements: Available for customers who handle protected health information
  • Built-in Safeguards: Data tokenization for AI processing and automatic PHI deletion after 90 days
  • Recommended Practice: Long-term healthcare data should be stored in dedicated healthcare systems (such as WellSky)

Most non-medical home care companies do not require BAA coverage, but you are responsible for determining your own compliance requirements.

Data Infrastructure

Data is stored using reputable cloud infrastructure providers within the United States with industry-standard security measures.

8. Third-Party Integrations

Available Integrations

Our Service integrates with various third-party platforms to enhance your workflow, including:

  • Communication and phone systems for call management
  • Email and calendar applications for communication tracking
  • Workflow automation services for enhanced productivity
  • Other business tools as documented within our platform

Third-Party Service Availability

  • We make reasonable efforts to maintain integrations, but are not liable for third-party service interruptions
  • Service credits or refunds are not provided for third-party outages
  • You remain subject to the terms of service of all integrated third-party platforms

Integration Authorization

  • You grant us permission to access integrated services on your behalf
  • You are responsible for maintaining valid credentials and authorizations
  • Integration access may be revoked by you at any time through platform settings
9. AI Services and Third-Party Providers

AI Feature Disclaimer

Our AI-powered features use third-party artificial intelligence services to provide call analysis and coaching recommendations. These tools:

  • Provide insights and suggestions based on data analysis
  • Are not guaranteed to be 100% accurate or applicable to every situation
  • Should be used in conjunction with human judgment and expertise
  • Are subject to the capabilities and limitations of third-party AI providers

Third-Party AI Services

We utilize AI services from established providers to process your data and generate insights. We do not:

  • Create, train, or modify AI models
  • Use your data to improve or develop AI capabilities
  • Guarantee continuous improvements to AI performance

Human Oversight Required

AI recommendations should always be reviewed by qualified sales professionals. We are not responsible for business decisions made based solely on AI suggestions.

10. Professional Liability and Coaching Disclaimer

AI-Powered Coaching Service

Homecare Copilot provides AI-generated sales coaching and performance recommendations. Our service:

  • Analyzes communication data using artificial intelligence
  • Provides performance feedback and improvement suggestions
  • Generates actionable recommendations for skill development
  • Is intended for educational and improvement purposes
  • Does not guarantee specific business outcomes or sales results
  • Should be adapted to your specific business needs and circumstances

No Professional Advice

Our Service does not constitute:

  • Legal advice regarding healthcare regulations or compliance
  • Medical advice or clinical recommendations
  • Financial advice or accounting services
  • Regulatory compliance consulting
  • Human professional coaching or consulting services

Customer Responsibility

You are solely responsible for:

  • Ensuring your use of our recommendations complies with applicable laws
  • Adapting our AI-generated suggestions to your specific business context
  • Maintaining appropriate professional standards in your industry
  • Seeking qualified professional advice when needed
11. Third-Party AI Provider Terms

AI Provider Compliance

Our Service utilizes artificial intelligence services from third-party providers. By using our AI features, you agree to:

  • Comply with all applicable third-party AI provider terms of service
  • Use AI features only for lawful, ethical purposes
  • Not attempt to violate or circumvent AI provider usage policies

Prohibited AI Use

You may not use our AI features to:

  • Generate harmful, illegal, or unethical content
  • Attempt to extract or reverse engineer the underlying AI models
  • Violate intellectual property rights through AI-generated content
  • Create content that violates applicable laws or professional regulations

AI Provider Changes

We reserve the right to change AI providers or modify AI features based on provider availability, terms, or performance considerations.

12. Intellectual Property Rights

Our Intellectual Property

Homecare Copilot and all related software, content, and business processes are protected by intellectual property laws. This includes:

  • Platform software and user interfaces
  • Coaching frameworks and assessment criteria
  • Industry-specific content and templates
  • Business process workflows and automation logic
  • Trademarks, service marks, and branding elements

Customer Content

You retain ownership of all content you submit to our platform. By using our Service, you grant us a limited license to:

  • Process and analyze your content to provide our services
  • Store and transmit your content as necessary for platform functionality
  • Create aggregated, anonymized insights for service improvement

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about our Service may be used by us without compensation or attribution.

13. Limitation of Liability

Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Disclaimer of Warranties:

OUR SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Damages:

IN NO EVENT SHALL COMPANY BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
  • DAMAGES RESULTING FROM THIRD-PARTY SERVICE OUTAGES OR FAILURES
  • DAMAGES EXCEEDING THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

Exceptions

These limitations do not apply to:

  • Damages caused by our willful misconduct or gross negligence
  • Our direct violations of intellectual property rights (excluding third-party AI service issues)
  • Breaches of confidentiality obligations where we directly disclose your data
  • Claims where liability cannot be limited by applicable law

Business Insurance

We maintain business protections appropriate for our service scope and company size. As our business grows, we continue to evaluate and enhance our risk management practices.

14. Indemnification

Customer Indemnification

You agree to defend, indemnify, and hold us harmless from claims arising from:

  • Your use of our Service in violation of these Terms
  • Your violation of applicable laws or regulations
  • Content you submit that infringes third-party rights
  • Your breach of confidentiality or data protection obligations

Indemnification Process

For any indemnification claim:

  • The indemnified party must be promptly notified
  • The indemnifying party controls the defense and any settlement
  • Cooperation is required from all parties
  • No settlement may be agreed to without consent unless it provides an unconditional release
15. Term and Termination

Service Term

These Terms remain in effect while you use our Service. Your subscription continues until cancelled by you or terminated by us in accordance with these Terms.

Cancellation by Customer

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • No refunds for partial billing periods (except our 30-day money back guarantee)
  • Service access continues until the end of your paid period

Termination by Company

We may terminate your access:

  • Immediately: For material breach of Terms, illegal activity, or security violations
  • With Notice: For non-payment after grace period or other business reasons
  • After Warning: For repeated minor violations

Post-Termination

Upon termination:

  • Your access to the Service will cease
  • Data retention follows our standard policy (Section 6)
  • Outstanding fees remain due and payable
  • Certain provisions survive termination (confidentiality, indemnification, limitation of liability)
16. Dispute Resolution

Informal Resolution

Before initiating formal proceedings, parties agree to attempt good-faith negotiation for at least 30 days.

Binding Arbitration

Any disputes not resolved through negotiation shall be resolved through binding arbitration under the Streamlined Arbitration Rules and Procedures of the American Arbitration Association or JAMS.

Arbitration Terms:

  • Single arbitrator selected through standard procedures
  • Conducted via video conference unless both parties agree to in-person proceedings
  • Arizona law governs the arbitration
  • Filing party pays initial costs; prevailing party may recover reasonable fees and costs if the arbitrator determines the losing party's claim or defense was frivolous

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, collective actions, or representative proceedings.

Exceptions

The following disputes are exempt from arbitration:

  • Intellectual property infringement claims
  • Requests for equitable relief
  • Small claims court matters within jurisdictional limits
17. General Provisions

Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

Severability

If any provision is found unenforceable, the remainder of these Terms continues in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable BAA, constitute the entire agreement between the parties and supersede all prior agreements.

Assignment

  • You may not assign these Terms without our written consent
  • We may assign these Terms with notice to you as permitted by law

Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

Notices

  • Legal notices must be sent to: Support@HomecareCopilot.app
  • Service notifications may be sent via email or platform messaging
  • Notice is effective upon delivery or confirmed receipt

Modifications

We may modify these Terms with 30 days' notice. Continued use constitutes acceptance of modifications. Material changes will be prominently announced.

Survival

The following provisions survive termination: data ownership, intellectual property, limitation of liability, indemnification, dispute resolution, and general provisions.

18. Contact Information

Questions About These Terms

For questions about these Terms or our Service:

Elk Lake Labs LLC dba Homecare Copilot

Email: Support@HomecareCopilot.app

Website: https://TryHomecareCopilot.com

Emergency Security Contact: Support@HomecareCopilot.app

Last Updated: 10/8/2025

By using Homecare Copilot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.