Platform Terms of Service

Electronic Visit Verification (EVV) System
Last Updated: {{Insert Date}}

1. Introduction

Welcome to the EVV System (“the Platform”, “the Service”).
These Terms of Service (“Terms”) govern your access to and use of the Platform, including all associated applications, APIs, websites, mobile apps, and services provided (“Services”).

By accessing or using the Platform, you agree to be bound by these Terms.
If you do not agree, you must stop using the Platform immediately.

The Platform is designed for agencies, caregivers, administrators, and authorized personnel delivering services that require Electronic Visit Verification in accordance with:

  • Minnesota DHS 245D
  • HIPAA
  • 21st Century Cures Act
  • Applicable state and federal laws

2. Eligibility

By using the Platform, you represent and warrant that:

  • You are authorized by your agency or organization to use the Platform
  • You are at least 18 years old
  • You will comply with all laws and obligations related to PHI/PII and EVV requirements
  • You have the legal authority to enter into these Terms

3. Account Registration

3.1 User Accounts

Users must create an account or be provisioned by an Agency Administrator.
You agree to:

  • Provide accurate and complete information
  • Keep your credentials confidential
  • Maintain the security of your account
  • Notify your administrator of any unauthorized access

Shared accounts are strictly prohibited.

3.2 Administrator Responsibilities

Agency Administrators are responsible for:

  • Creating, managing, and disabling user accounts
  • Ensuring proper role-based access
  • Ensuring only authorized staff have access

4. Permitted Use

Users may use the Platform solely for:

  • Documenting service visits
  • Completing EVV-required tasks
  • Managing agency operations
  • Submitting billing-related documentation
  • Viewing or managing records as permitted by role

Any misuse is prohibited, including:

  • Unauthorized PHI access
  • Attempting to bypass system security
  • Using the Platform for non-business purposes
  • Accessing data belonging to other agencies
  • Tampering with records or audit logs

5. Prohibited Actions

Users may NOT:

  • Reverse engineer, copy, or modify the Platform
  • Use automated scripts or bots
  • Send malicious code (viruses, malware, etc.)
  • Attempt to access restricted areas
  • Use the system for unlawful or fraudulent activity

Violations may result in:

  • Account suspension
  • Access termination
  • Legal action

6. Privacy & Data Protection

Your use of the Platform is governed by:

  • Privacy Policy
  • PHI Handling Policy
  • Data Retention & Destruction Policy
  • Business Associate Agreements (where applicable)

By using the Platform, you acknowledge:

  • PHI and PII are processed for EVV compliance
  • Data is stored and transmitted according to HIPAA standards
  • Logs and audit trails cannot be altered or deleted

7. Data Ownership

7.1 Agency Data Ownership

Agencies retain full ownership of:

  • Client data
  • Visit records
  • Documentation
  • PHI/PII stored within the Platform

The Platform does not claim ownership of agency data.

7.2 License to Host Data

By using the Platform, agencies grant the provider a limited, non-exclusive license to:

  • Host
  • Secure
  • Process
  • Transmit
    data as required to operate the System.

8. Service Availability

The Platform aims for high uptime but is provided “as is” without guarantees.
We are not liable for:

  • Outages
  • Data delays
  • Maintenance windows
  • Third-party service disruptions (AWS, Twilio, DHS Aggregator, etc.)

Agencies are responsible for maintaining backup procedures required by law.

9. Support & Maintenance

We provide:

  • Technical support
  • Updates and enhancements
  • Bug fixes
  • Security patches

Support may be reached through:

  • In-app messaging
  • Email
  • Support portal

We may modify, enhance, or discontinue parts of the Platform at any time.

10. Billing & Payment (If applicable)

10.1 Subscription Fees

Fees are based on agency agreements or subscription tiers.

10.2 Non-payment

If payment is not received:

  • Accounts may be suspended
  • Access may be restricted
  • Data may eventually be archived or deleted according to retention policies

11. Termination

11.1 By the User or Agency

Agencies may terminate use at any time according to their service agreement.

11.2 By the Platform Provider

We may terminate or suspend access due to:

  • Breach of Terms
  • Security threats
  • Non-payment
  • Misuse of the Platform

11.3 Post-Termination Data Handling

Data will be:

  • Retained according to retention policy
  • Provided to the agency upon request
  • Deleted securely at the end of the mandated retention period

12. Limitation of Liability

To the fullest extent permitted by law, we are not liable for:

  • Loss of data
  • Business interruption
  • Indirect or consequential damages
  • Errors caused by third-party systems (DHS, telecom providers, etc.)
  • User negligence

Maximum liability is limited to the amount paid for the service in the prior 12 months.

13. Indemnification

Users and agencies agree to indemnify and hold harmless the Platform provider from claims arising out of:

  • User misuse
  • Violations of law
  • Unauthorized access or sharing of PHI
  • Breach of these Terms

14. Modifications to Terms

We may update these Terms periodically.
Continued use of the Platform after changes constitutes acceptance.
Major changes will be communicated to administrators.

15. Governing Law

These Terms are governed by:

  • U.S. Federal Law
  • State laws applicable to the agency’s jurisdiction
  • HIPAA regulations

Any disputes will be handled through appropriate state or federal processes.

16. Contact Information

For questions regarding these Terms:

Legal & Compliance Office
{{Your Company Name}}
{{Address}}
{{Email}}
{{Phone}}