Legal
Terms of Service
The agreement between Denton Med LLC, doing business as EVVPulse, and the home care agencies that use our platform.
1.Agreement
These Terms of Service ("Terms") govern access to and use of the EVVPulse platform and the website at evvpulse.ai, provided by Denton Med LLC, a Texas limited liability company doing business as EVVPulse ("EVVPulse," "we," "us").
By creating an account, subscribing, or using the service, you agree to these Terms on behalf of the agency you represent, and you represent that you are authorized to bind that agency. If you do not agree, do not use the service.
2.Definitions
- Agency — the home or community-based care provider that subscribes to EVVPulse.
- Authorized User — a coordinator, administrator, or other individual the Agency permits to access the platform.
- Caregiver — an attendant or care worker employed or contracted by the Agency who receives messages through the service.
- Agency Data — all data the Agency submits to, or that is generated for the Agency through, the service, including visit records, exception records, caregiver contact details, and message content.
- Service — the EVVPulse platform, website, APIs, and related support.
3.The service
EVVPulse identifies Electronic Visit Verification exceptions in the Agency's visit data, notifies the relevant Caregiver by text message, collects and interprets the reply, escalates unresolved items to Agency staff, and reports outcomes back to the Agency.
We may modify, improve, or discontinue features. We will give reasonable advance notice of any change that materially reduces core functionality.
4.Eligibility
The service is offered only to licensed home and community-based care agencies and their authorized staff. By subscribing, the Agency represents that it holds the licenses and provider agreements required to deliver the services it bills for, and that its use of EVVPulse is within the scope of those authorizations.
5.Caregiver consent
The Agency is solely responsible for obtaining and maintaining each Caregiver's prior express consent to receive text messages, before adding that Caregiver to the platform.
By adding a Caregiver's mobile number to the service, the Agency represents and warrants that:
- The Caregiver has given prior express written consent to receive automated text messages from the Agency regarding their visits and Electronic Visit Verification exceptions;
- The consent disclosure presented to the Caregiver stated the type of messages, that message frequency varies, that message and data rates may apply, and how to opt out;
- The Agency retains a record of that consent and will produce it on request by EVVPulse, a mobile carrier, or a regulator;
- The number provided belongs to that Caregiver and the Agency will promptly remove or update it when it changes or when the Caregiver leaves.
EVVPulse provides a consent form template as a convenience. It is not legal advice, and the Agency remains responsible for compliance with the Telephone Consumer Protection Act and all other applicable law.
EVVPulse honors STOP, START, and HELP requests automatically. Opt-outs are recorded per Caregiver and suppress all further automated messages, including escalations. The Agency may not circumvent an opt-out by re-adding a Caregiver who has opted out.
6.Your responsibilities
- Keep account credentials confidential and limit access to Authorized Users. You are responsible for activity under your account.
- Provide accurate business information for carrier registration. Text messaging cannot be enabled without it, and inaccurate information may cause your messaging to be suspended by carriers.
- Maintain the accuracy of caregiver contact details and visit data.
- Review escalations and exception outcomes. EVVPulse surfaces problems; resolving them within your payer's correction window remains your responsibility.
- Notify us promptly of any unauthorized access to your account.
7.Acceptable use
You may not, and may not permit anyone to:
- Send marketing, promotional, political, or solicitation messages through the service. The service is for operational workforce messaging only.
- Message any person who has not consented, or who has opted out.
- Send content that is unlawful, harassing, deceptive, or that violates carrier or industry messaging rules.
- Use the service to contact clients, patients, or members of the public. It is a caregiver workforce tool.
- Share account access with anyone outside the Agency, resell the service, or use it on behalf of another organization.
- Reverse engineer, scrape, or attempt to gain unauthorized access to the platform or another agency's data.
Violations may result in immediate suspension. Messaging violations can also cause carriers to block traffic for reasons outside our control.
8.Messaging terms
- Message frequency varies and depends on how many visit exceptions occur.
- Message and data rates may apply. Carrier charges are the recipient's responsibility.
- Recipients may reply STOP to opt out, START to resume, and HELP for assistance.
- Message delivery depends on mobile carriers and is not guaranteed. Carriers may filter, delay, or block messages for reasons we do not control and cannot always determine.
- Mobile carriers are not liable for delayed or undelivered messages.
Our handling of mobile numbers and consent data is described in our Privacy Policy. In short: we do not share, sell, or provide mobile phone numbers or messaging consent data to third parties or affiliates for marketing or promotional purposes.
9.Fees, trial, and billing
- Subscription fees are those stated at the time of purchase and are billed in advance on a recurring basis until cancelled.
- Free trials convert to a paid subscription at the end of the trial period unless cancelled before it ends.
- Fees are non-refundable except where required by law or expressly stated otherwise.
- You may cancel at any time, effective at the end of the current billing period.
- We may change pricing on at least 30 days' notice, effective at your next renewal.
- Carrier registration fees and per-message carrier charges may be passed through where stated in your plan.
10.HIPAA and the Business Associate Agreement
The service processes protected health information. EVVPulse acts as a Business Associate to the Agency.
A signed Business Associate Agreement between the Agency and Denton Med LLC is required before production use and is incorporated into these Terms by reference. Where the BAA and these Terms conflict on the handling of protected health information, the BAA controls.
The Agency remains the Covered Entity or upstream Business Associate and retains responsibility for its own HIPAA obligations, including notices of privacy practices and workforce training.
11.Your data and our commitments
Ownership
The Agency owns all Agency Data. We claim no ownership of it. We process it solely to provide the service, as directed by the Agency and as permitted by the Business Associate Agreement.
What we will not do with it
Denton Med LLC and its affiliates will not use Agency Data to compete with the Agency, will not solicit the Agency's caregivers, clients, or referral sources, and will not disclose Agency Data to any home or community-based care provider. This commitment survives termination of the Agency's subscription.
Denton Med LLC discloses that its principal also holds an ownership interest in a licensed home care agency operating in the Dallas Medicaid service area. That agency has no access to any other Agency's data, operates under separate systems and management, and the commitment above applies to it in full.
Aggregated and de-identified data
We may create aggregated, de-identified statistics that do not identify the Agency, any Caregiver, or any client, and use them to operate and improve the service. De-identification is performed consistent with HIPAA standards. We will not publish or disclose statistics derived from a single Agency's data without that Agency's written consent.
Export and deletion
The Agency may export its data at any time during the subscription. On termination, we will make Agency Data available for export for 30 days, after which we will return or destroy it as directed and as required by the Business Associate Agreement, except for records we are required by law to retain — including consent and opt-out records, which are retained indefinitely.
12.Intellectual property
EVVPulse, the platform, and all software, designs, and documentation are owned by Denton Med LLC and protected by intellectual property law. We grant the Agency a non-exclusive, non-transferable, revocable right to use the service during the subscription term. No other rights are granted.
If you send us feedback or suggestions, we may use them without restriction or obligation.
13.Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EVVPULSE DOES NOT GUARANTEE ANY PARTICULAR COMPLIANCE RATE, CLAIM ACCEPTANCE RATE, REVENUE OUTCOME, OR REDUCTION IN ADMINISTRATIVE TIME. ANY FIGURES DESCRIBED ON OUR WEBSITE OR IN MARKETING MATERIALS REFLECT PARTICULAR RESULTS AND ARE NOT A PROMISE OF YOUR RESULTS.
EVVPULSE IS NOT A BILLING SERVICE, A CLEARINGHOUSE, A LEGAL ADVISOR, OR A COMPLIANCE AUTHORITY. THE AGENCY REMAINS SOLELY RESPONSIBLE FOR THE ACCURACY OF ITS VISIT DOCUMENTATION, FOR ITS CLAIMS, AND FOR ITS COMPLIANCE WITH EVV, MEDICAID, STATE, AND FEDERAL REQUIREMENTS.
WE DO NOT WARRANT THAT MESSAGES WILL BE DELIVERED, THAT EXCEPTIONS WILL BE DETECTED WITHOUT ERROR, OR THAT THE SERVICE WILL BE UNINTERRUPTED.
14.Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
EVVPULSE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNT THE AGENCY PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITS DO NOT APPLY TO EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, TO BREACH OF THE NON-COMPETITION COMMITMENT IN SECTION 11, OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
15.Indemnification
The Agency will defend and indemnify EVVPulse against claims arising from: the Agency's failure to obtain valid caregiver consent; messages sent in violation of Section 7; the Agency's violation of law or of any third party's rights; and the accuracy of data the Agency submits.
EVVPulse will defend and indemnify the Agency against claims that the service, as provided by us, infringes a third party's intellectual property rights.
The party seeking indemnification must give prompt notice and reasonable cooperation, and the indemnifying party controls the defense and settlement.
16.Term and termination
These Terms apply from account creation until terminated. Either party may terminate for convenience effective at the end of the current billing period, or immediately for material breach that remains uncured 30 days after written notice.
We may suspend the service immediately, with notice as soon as practicable, if continued operation would violate law or carrier rules, or would risk harm to recipients or to other customers.
Sections 11, 12, 13, 14, 15, 17, and 18 survive termination.
17.Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The parties will attempt in good faith to resolve any dispute informally for 30 days after written notice. Any dispute not resolved will be brought exclusively in the state or federal courts located in Dallas County, Texas, and both parties consent to that jurisdiction and venue.
18.General
- Entire agreement. These Terms, the Privacy Policy, the Business Associate Agreement, and any order form make up the entire agreement and supersede prior discussions.
- Changes. We may update these Terms. Material changes take effect 30 days after we post them and notify Agency account contacts. Continued use after that constitutes acceptance.
- Assignment. The Agency may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver of it.
- Force majeure. Neither party is liable for delays caused by events beyond reasonable control, including carrier outages and acts of government.
- Notices. Notices to us go to legal@evvpulse.ai and to our registered address. Notices to the Agency go to the email on the account.