Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," "Account Holder," "Customer") and Son Healthcare Services LLC, a Pennsylvania limited liability company, operating as MyShiftReminder ("we," "us," "our," "MyShiftReminder," "the Company").

By creating an account, accessing, or using MyShiftReminder's website, applications, or services (collectively, the "Service"), you agree to be bound by these Terms, our Privacy Policy, and all applicable federal, state, and local laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

You represent that you are at least 18 years old and have the legal capacity and authority to enter into these Terms. If you are using the Service on behalf of a home care agency, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

MyShiftReminder provides automated shift reminder notifications, including:

• Automated voice call reminders before scheduled Clock-IN and Clock-OUT times
• Automated SMS text message reminders before scheduled Clock-IN and Clock-OUT times (when available)
• A web-based dashboard to manage caregivers, schedules, managers, and reminder preferences
• Manager invitation system for delegated caregiver management

2.1 What MyShiftReminder IS NOT

MyShiftReminder expressly does NOT:

• Track, verify, record, or confirm actual Clock-IN or Clock-OUT times
• Serve as a time and attendance system or time clock
• Replace Electronic Visit Verification (EVV) systems required by the 21st Century Cures Act or any state Medicaid program
• Provide payroll processing, payroll calculations, or wage determination services
• Provide human resources, employment law, or labor compliance services
• Provide scheduling, shift assignment, or caregiver management services
• Create, imply, or establish any employment or co-employment relationship with any caregiver
• Guarantee that caregivers will receive, read, listen to, or act upon any reminder
• Guarantee SMS or voice call delivery, which depends on third-party carriers and telecommunications infrastructure

3. Account Registration and Responsibilities

3.1 Account Creation

To use the Service, you must create an account and provide accurate, complete, and current information, including your home care agency name, name, email, and phone number. You agree to update this information promptly if it changes.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at support@myshiftreminder.com of any unauthorized use of your account.

3.3 Account Holder Responsibilities

As an Account Holder, you are solely responsible for:

• Providing accurate caregiver information (names, phone numbers, schedules)
• Directing caregivers to the public Caregiver SMS Consent page at https://myshiftreminder.com/caregiver-consent after adding them to the system
• Understanding that recurring SMS reminders will only begin after the caregiver directly submits the Caregiver SMS Consent form
• Complying with all applicable federal, state, and local laws regarding caregiver communications, including but not limited to the TCPA, CAN-SPAM Act, state mini-TCPA laws, and applicable labor laws
• Removing caregivers promptly when they are no longer employed, no longer require reminders, or revoke consent
• Maintaining your own EVV, payroll, scheduling, and compliance systems independent of MyShiftReminder
• Managing access granted to managers added to your account

4. SMS and Voice Call Communications (TCPA Compliance)

4.1 Consent and Authorization

MyShiftReminder uses a direct caregiver web opt-in process to obtain consent:

• After a home care agency adds a caregiver, the agency directs the caregiver to https://myshiftreminder.com/caregiver-consent
• The caregiver enters their name, mobile number, and home care agency name, then checks a consent box before any recurring SMS reminder messages are sent
• The consent form clearly discloses the purpose, message frequency, STOP/HELP instructions, message and data rates notice, and links to our Terms and Privacy Policy
• Caregivers who do not submit the consent form will not receive recurring SMS reminder messages
• Consent is not a condition of purchase, service, or employment
• MyShiftReminder maintains a timestamped record of each caregiver's web form opt-in confirmation
• The account holder is responsible for providing accurate caregiver contact information and complying with all applicable federal, state, and local laws regarding caregiver communications

4.2 Message Details

• Frequency: Up to 4 automated messages/calls per caregiver per workday
• Content: Shift Clock-IN and Clock-OUT reminders only
• Message and data rates may apply. Standard carrier rates apply.
• Carriers: AT&T, T-Mobile, Verizon, and most major US carriers. Delivery can vary by carrier, phone status, and filtering.

4.3 Opt-Out

Caregivers may reply STOP to any SMS to cease receiving messages. Caregivers may also request removal through their home care agency. Opt-out keywords: STOP, CANCEL, END, QUIT, UNSUBSCRIBE.

4.4 Help

Caregivers may reply HELP for assistance. Help keywords: HELP, INFO. Email: support@myshiftreminder.com.

4.5 No Sale of Mobile Information

5. Subscriptions, Pricing, and Payments

5.1 Free Trial

MyShiftReminder offers a 7-day free trial for new accounts. No credit card or payment method is required to start or use the free trial. When the trial ends, reminders pause unless you choose to add a payment method and continue with paid service. We cannot and will not charge a card unless you have provided one through Stripe checkout.

5.2 Pricing

MyShiftReminder uses per-caregiver monthly pricing for home care agencies. SMS and voice call reminders are the same price. Current pricing (subject to change with 30 days' notice):

• 1–25 caregivers: $4.00 per caregiver per month
• 26–100 caregivers: $3.50 per caregiver per month
• 101–250 caregivers: $3.00 per caregiver per month
• 251+ caregivers: custom pricing

5.3 Billing

Your paid subscription renews automatically each month. Adding caregivers during a billing month may increase the current monthly bill. If you remove, delete, terminate, or otherwise deactivate a caregiver during a billing month, that caregiver remains billable through the current monthly billing period, and the change applies on the next billing cycle. All payments are processed securely by Stripe, Inc. (PCI DSS Level 1 certified). MyShiftReminder does not store credit card numbers.

5.4 Price Changes

We reserve the right to modify pricing with at least 30 days' advance notice by email. Price changes take effect at the start of the next billing cycle following the notice period. If you disagree with a price change, you may cancel before it takes effect.

5.5 Failed Payments and Service Suspension

If a payment fails:

• Immediate notification: You will receive an email notifying you of the failed payment with instructions to update your payment method
• 3-day grace period: Your shift reminders will continue to operate for 3 calendar days after the initial payment failure to allow you time to resolve the issue
• Automatic retry: Stripe will automatically attempt to process the payment again during this period
• Service suspension: If payment has not been successfully processed after 3 calendar days, all reminders (SMS and voice calls) will be paused until the outstanding balance is resolved
• Service restoration: Once payment is successfully processed, reminders will resume automatically within the next scheduled cycle
• Account termination: If payment remains unresolved for 30 days, we reserve the right to cancel your subscription and delete your account data (with 7 days' advance notice by email)

You are responsible for ensuring your payment method is valid and has sufficient funds. We are not liable for any missed reminders during a service suspension caused by non-payment.

6. Cancellation, Refunds, and Account Deletion

6.1 Cancellation

You may cancel your subscription at any time via the dashboard (Billing tab) or by contacting support@myshiftreminder.com. Cancellations take effect at the end of the current billing period. Reminders continue until the end of the paid period.

6.2 Refunds

We do not provide routine refunds for partial months, including caregiver removals during an active billing period. Refund requests are evaluated on a case-by-case basis at our sole discretion. Free trial periods are not eligible for refunds because no charges are made during the trial.

6.3 Account Deletion

You may permanently delete your account from the dashboard. Account deletion is irreversible and will:

• Immediately cancel your subscription
• Delete all caregiver data, manager data, and account information within 30 days
• Cease all reminders immediately

Billing records may be retained for up to 7 years as required by tax law.

7. Service Availability and Delivery

We strive to maintain high availability but do NOT guarantee:

• 100% uptime or uninterrupted service
• Delivery of every SMS or voice call (delivery depends on third-party carriers, network conditions, device settings, and spam filters)
• Specific delivery times (reminders are scheduled approximately 5 minutes before the configured shift time, but exact timing may vary)
• That caregivers will answer calls, read messages, or act upon reminders

We are not liable for service interruptions due to: carrier outages, network failures, natural disasters, acts of God, government actions, cyberattacks, third-party service provider failures, or any other causes beyond our reasonable control (force majeure).

8. Prohibited Uses

You agree NOT to use the Service to:

• Send messages to individuals who have not provided consent
• Send messages unrelated to shift reminders (marketing, advertising, solicitation)
• Harass, threaten, or intimidate any person
• Violate any applicable law, regulation, or third-party right
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any illegal or fraudulent purpose
• Resell, sublicense, or redistribute the Service without prior written consent
• Scrape, data mine, or extract data from the Service
• Upload malicious code, viruses, or harmful content

Violation of these terms may result in immediate account termination without refund.

9. Intellectual Property

All content, features, functionality, design, trademarks, logos, and software associated with MyShiftReminder are the exclusive property of Son Healthcare Services LLC. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our intellectual property without prior written consent.

You retain ownership of all data you upload to the Service (caregiver names, schedules, etc.). By using the Service, you grant us a limited, non-exclusive license to process this data solely for the purpose of delivering the Service.

10. Disclaimer of Warranties

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless Son Healthcare Services LLC, its officers, directors, members, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law
• Your failure to obtain proper consent from caregivers for automated communications
• Any TCPA, state mini-TCPA, or similar claims arising from messages or calls sent through your account
• Any claims by caregivers, contractors, or third parties related to communications sent through your account
• Any claim that information you provided is inaccurate, misleading, or violates any third-party right
• Any labor law, wage, overtime, EVV, or compliance claims related to your use of the Service
• Your failure to maintain adequate EVV, payroll, scheduling, or compliance systems independent of MyShiftReminder

This indemnification obligation survives termination of your account and these Terms.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@myshiftreminder.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you and MyShiftReminder agree to resolve any disputes through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Philadelphia, Pennsylvania, or at a location mutually agreed upon. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION.

13.4 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims involving intellectual property infringement or unauthorized access to the Service.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Philadelphia County, Pennsylvania.

15. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Sending communications without proper consent
• Non-payment of fees
• Fraudulent or illegal activity
• Excessive STOP requests indicating potential consent issues

Upon termination, your right to use the Service ceases immediately. Sections 10, 11, 12, 13, 14, and 17 survive termination.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by email to the address on your account at least 15 days before taking effect. Continued use of the Service after the effective date constitutes acceptance. If you disagree, cancel your account before the changes take effect.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and MyShiftReminder regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, pandemics, war, terrorism, government actions, carrier outages, internet disruptions, or cyberattacks.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. Caregivers added to your account are not parties to these Terms and have no rights under them (except opt-out rights as required by law).
• Notices: We may send notices via email to the address on your account. You may send notices to support@myshiftreminder.com.
• Headings: Section headings are for convenience only and have no legal effect.

18. Contact Us

Questions about these Terms?