Terms of Service

Introduction

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

This terms of service document was generated by Enzuzo, our data privacy and compliance vendor, using information and details specific to our business. It has been reviewed and corrected for Rithma's home care software platform.

Your Acceptance of this Agreement

These terms of service are entered into by and between You and Rithma Inc, d/b/a Rithma ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of https://www.rithma.ai, dashboard.rithma.ai, jobs.rithma.ai, our mobile applications, and related websites, domains, applications, services, and products (collectively, the "Service"), including any content, functionality, and services offered on or through the Service, whether as a guest or a registered user. We offer home care coordination software under the Rithma brand (collectively "Services").

Unless the context clearly refers only to the public marketing site, references to the "Website" in these Terms mean the Service. Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy and Cookie Policy, each incorporated herein by reference. Our Subscription Services Agreement is also incorporated herein by reference; it applies when you purchase or activate a paid subscription (including through Stripe Checkout or in-app billing). If you do not subscribe to a paid plan, the Subscription Services Agreement does not apply to you. If you do not want to agree to these Terms of Service, you must not access or use the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

• ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
• YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY WHERE YOU LIVE) TO FORM A BINDING CONTRACT WITH US, UNLESS A PARENT OR GUARDIAN CREATES AND MANAGES A SENIOR-LINKED ACCOUNT ON YOUR BEHALF; AND,
• YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

The Service

Rithma provides software for home care coordination — including scheduling, documentation, messaging, billing integration, and AI-assisted features — for caregivers, agencies, families, and seniors. Features vary by plan and role. We may add, change, or discontinue features during our private beta and beyond. Rithma is not a medical provider, insurer, or employer of caregivers.

Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. Material changes may also be communicated by email or in-app notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Where these Terms contain an arbitration provision and class-action waiver (see Dispute Resolution below), we will not apply a material change to those specific terms to a dispute of which we have notice, and for material changes to arbitration we will seek your affirmative agreement rather than relying on continued use.

Your Account

Any username, password, second-factor authentication code, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Agency accounts are responsible for inviting and managing staff and for configuring appropriate access for clients and families. You are responsible for activity under your account. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

Prohibited Uses / Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, applicable healthcare, privacy, and employment laws) (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).

Additional prohibited uses include:

• To share login credentials or circumvent role-based access controls.
• To use AI-generated outputs as a substitute for professional medical judgment, diagnosis, or emergency response.

Content and Ownership

The Website may provide you with the opportunity to create, submit, post, display, transmit, store, distribute, or broadcast content and materials to us or in the Website, including but not limited to visit notes, schedules, messages, documents, photographs, audio, video, and other care-related information (collectively, "Content"). You are responsible for your use of the Website and for any content you provide, including compliance with applicable laws, rules, and regulations. Content is private to your account and role-based access controls; it is not a public social feed, review platform, or marketplace listing.

You retain ownership of your Content. By submitting, posting, or displaying content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, back up, and otherwise use such Content solely to provide, maintain, secure, and improve the Service — including generating summaries, search, and support — and as described in our Privacy Policy. We do not use your care data for third-party advertising. We do not claim a license to use your Content for commercial advertising or to grant sublicenses except to our service providers who process data on our behalf under contractual confidentiality and security obligations.

De-identified data. We may create de-identified and aggregated data derived from your Content and use it to operate, analyze, and improve the Service and our AI models. De-identified data does not identify you or any individual, and we will not attempt to re-identify it; this right survives termination. We do not use your identifiable Content, or any protected health information, to train generalized AI models. If you are an agency or covered entity, the data-use terms in your separate agreement with us (including any Business Associate Agreement or Data Processing Addendum) control over this section.

You represent that you have the rights and permissions needed to submit health-related information about seniors under your care, and that your use complies with applicable law and your agreements with clients and families. Agencies that need a Business Associate Agreement (BAA) for HIPAA-covered information should contact us; availability may depend on your plan.

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights associated with it. You are solely responsible for your Content, and we do not endorse User Submissions or assume liability for them.

AI-Assisted Features

Some features use cloud AI services to tidy voice notes or draft family summaries from visit data you provide. AI outputs may contain errors; they are aids for documentation and communication, not clinical records. You are responsible for reviewing outputs before relying on them. We do not guarantee accuracy, completeness, or suitability for a particular medical purpose. AI requests are processed through Amazon Web Services (including Anthropic models invoked via Amazon Bedrock); we do not send data directly to Anthropic.

You will not rely on AI-generated output for medical, legal, or emergency decisions. In an emergency, call 911 or your local emergency number. The Service does not provide medical advice, diagnosis, treatment, or emergency monitoring.

Software and License

By downloading or using our software (including web and mobile applications), you acknowledge and agree that your use is governed by these Terms of Service. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal care-coordination purposes. There is no separate Rithma End User License Agreement ("EULA").

Third-Party Services

The Website may contain links to third-party sites. You are subject to any terms and conditions of such third-party sites. The Service integrates with third parties (e.g. Stripe for payments, cloud infrastructure, email delivery). Your use of those services may be subject to their terms.

Subscriptions and Payment

Paid subscriptions are governed by our Subscription Services Agreement, incorporated by reference above. When you complete checkout or otherwise activate a paid plan, you agree to those subscription terms in addition to these Terms of Service.

Prices for subscription plans are shown on our pricing page and confirmed at checkout. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD.

Free trials and automatic renewal. If we offer a free trial, we will tell you its length before you start. Unless you cancel before the trial ends, your paid subscription begins automatically at the price shown, and subscriptions renew automatically for successive periods (for example, monthly) until you cancel. You may cancel at any time in your account settings; cancellation stops the next renewal. We will send a reminder before a trial converts and provide renewal terms as required by California's Automatic Renewal Law and similar laws.

Failure to pay may suspend features that require an active subscription. We reserve the right to refuse any subscription or order placed through the Website.

Refunds are handled according to Stripe and our support policies unless law requires otherwise. Except as required by applicable law, we are not responsible for any refunds or credits in connection with any modified, suspended or terminated subscriptions.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND THE SERVICE AND ANY SUBSCRIPTION, INFORMATION, OR MATERIALS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RITHMA IS NOT A MEDICAL PROVIDER, INSURER, OR EMPLOYER OF CAREGIVERS. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE OR EMERGENCY SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims arising out of your use of the Website's content and services other than as expressly authorized in these Terms of Service or your Content, except to the extent caused by our gross negligence or willful misconduct.

Electronic Signatures

Rithma provides in-app electronic signature features for documents and forms (we do not use third-party e-sign vendors for platform agreements). When you sign electronically, we record your signature, intent statement, account attribution (including IP address and device information where available), and server timestamps on a certificate of completion. Completed PDFs may include a cryptographic platform seal. These records are intended to comply with the ESIGN Act and UETA, but they do not include NIST-trusted timestamps from an accredited time-stamping authority (RFC 3161).

Dispute Resolution, Governing Law, and Arbitration

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Informal resolution first: before filing any claim, you agree to contact us at [email protected] and give us 30 days to resolve the issue.

Arbitration and class-action waiver. Any dispute that is not resolved informally will be settled by binding individual arbitration administered by JAMS under its applicable rules, in Santa Clara County, California or by video, rather than in court, except that either party may bring an individual claim in small-claims court. YOU AND RITHMA AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected]; if you opt out, disputes go to the state or federal courts located in Santa Clara County, California.

Subject to the arbitration and opt-out provisions above, any action not subject to arbitration will be instituted exclusively in the state or federal courts located in Santa Clara County, California, and each party irrevocably submits to the exclusive jurisdiction of those courts.

Termination

We may suspend or terminate your access to the Service if you breach these Terms or fail to pay. You may stop using the Service at any time. On termination, your right to use the Service ends; provisions that by their nature should survive (ownership, disclaimers, limitation of liability, dispute resolution) will survive.

On termination, you may request export or deletion of your Content as described in our Privacy Policy and, for agency customers, your agreement with us. Some records may be retained as required by law.

Privacy

Your use of the Service is also governed by our Privacy Policy located at https://www.rithma.ai/privacy (the "Privacy Policy") and our Cookie Policy located at https://www.rithma.ai/cookies.

Contact

Questions about these Terms: [email protected] or our contact form.