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Terms of Service

Last updated: March 7, 2026

These Terms of Service ("Terms") govern your use of the Daily Care Diary platform ("Service") operated by Jobes Technology Solutions ("we," "us," or "our"). By accessing or using Daily Care Diary, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using the Service, you represent that you are authorized to bind the organization on whose behalf you are using Daily Care Diary and that you accept these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Daily Care Diary is a web-based CLS (Community Living Supports) care management platform designed for home care providers. The Service provides tools for daily care logging, shift tracking, coverage monitoring, report generation, and organizational management.

3. User Accounts

Access to Daily Care Diary requires a user account created by an authorized administrator within your organization. You agree to:

  • Keep your login credentials confidential and not share them with others
  • Notify your administrator immediately of any unauthorized access to your account
  • Accept responsibility for all activity that occurs under your account
  • Provide accurate and current information in your user profile

We reserve the right to suspend or terminate accounts that violate these Terms or that show signs of unauthorized access, including automatic lockout after multiple failed login attempts.

4. Acceptable Use

You agree to use Daily Care Diary only for its intended purpose of managing care documentation for your organization. You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to any part of the Service or its systems
  • Interfere with or disrupt the Service or servers
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated tools (bots, scrapers) to access the Service without our written permission
  • Share, distribute, or sublicense your access to the Service
  • Upload malicious code, viruses, or harmful data

5. Data Ownership

Your organization retains ownership of all data entered into Daily Care Diary, including client records, care logs, and staff information. We do not claim ownership of your data.

By using the Service, you grant us a limited license to store, process, and display your data solely for the purpose of providing the Service. This license terminates when your account is closed.

6. Data Protection and Privacy

We handle your data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We implement industry-standard security measures including AES-256 encryption at rest and TLS encryption in transit.

7. HIPAA

Daily Care Diary is designed to support HIPAA compliance. Organizations that are covered entities under HIPAA may request a Business Associate Agreement (BAA). It is your organization's responsibility to ensure that your use of the Service complies with all applicable regulations, including HIPAA, state licensing requirements, and MDHHS guidelines.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or security patches. We will make reasonable efforts to provide advance notice of planned downtime.

9. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is the property of Jobes Technology Solutions and is protected by copyright and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

10. Payment and Fees

Fees for Daily Care Diary are established in a separate agreement between Jobes Technology Solutions and your organization. We reserve the right to modify pricing with 30 days' written notice. Failure to pay applicable fees may result in suspension or termination of access.

11. Limitation of Liability

To the maximum extent permitted by law:

  • The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.
  • We do not warrant that the Service will be error-free, uninterrupted, or free of harmful components.
  • In no event shall Jobes Technology Solutions be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
  • Our total liability for any claim related to the Service shall not exceed the fees paid by your organization in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Jobes Technology Solutions, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

Either party may terminate the Service relationship with 30 days' written notice. We may immediately suspend or terminate your access if you violate these Terms. Upon termination:

  • Your right to access the Service ceases immediately
  • We will retain your data for 90 days to allow for export, after which it will be deleted
  • We may provide a data export upon request during the retention period
  • Sections that by their nature should survive termination will remain in effect

14. SMS / Text Messaging Terms

Daily Care Diary offers optional SMS (text message) notifications for account alerts, shift reminders, and platform updates. By opting in to SMS notifications, you agree to the following terms:

Opt-In

SMS messaging is entirely optional. You may opt in through your account settings or during account setup. By opting in, you consent to receive text messages from Daily Care Diary at the phone number you provide. Consent to receive SMS messages is not required as a condition of using the Service or purchasing any goods or services.

Message Content and Frequency

Messages may include account security alerts, shift coverage notifications, password reset codes, and service updates. Message frequency varies based on your preferences and account activity. You may receive up to 8 messages per month.

Opt-Out

You may opt out of SMS messages at any time by replying STOP to any text message received from Daily Care Diary. You will receive a one-time confirmation that you have been unsubscribed and will receive no further text messages. You may also opt out through your account settings in the platform.

Help

For assistance with SMS messaging, reply HELP to any text message from Daily Care Diary, or contact us at the address listed below.

Message and Data Rates

Message and data rates may apply. Check with your mobile carrier for details about your text messaging plan. Daily Care Diary is not responsible for any charges imposed by your carrier.

Phone Number Privacy

Your phone number will never be sold, rented, or shared with third parties for marketing or promotional purposes. Phone numbers are collected solely for delivering the SMS notifications described in this section and for account security verification. For full details, see our SMS Privacy Policy.

Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. SMS delivery is subject to effective transmission from your carrier and network availability.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Michigan.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and notify active users through the platform. Continued use of Daily Care Diary after changes take effect constitutes acceptance of the revised Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Jobes Technology Solutions regarding use of Daily Care Diary.

19. Contact Us

If you have questions about these Terms, contact us at:

Jobes Technology Solutions
Email: legal@dailycarediary.com
Website: dailycarediary.com

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