Terms of Service
1. Acceptance of Terms
Welcome to Elderly Care Match LLC ("Elderly Care Match," "ECM," "we," "our," or "us"). By accessing or using our website, mobile application, or services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms").
These Terms apply to all users, including families seeking care, care providers, independent placement agents, and visitors. If you use the Platform on behalf of an organization, you represent that you have the authority to bind that organization.
2. Description of Services
Elderly Care Match provides a technology and referral platform that connects families with licensed care facilities and independent placement agents.
2.1 For Families
· Searchable directory of elderly care facilities (assisted living, memory care, adult family homes, nursing homes)
· Intake form submission for care matching
· Direct referrals to paid‑subscriber facilities
· Agent-assisted placement services where applicable
2.2 For Care Providers
• FREE Plan: Basic listing with agent-assisted referrals
• Membership ($99/month): Direct referrals, up to 10 beds, 30 advertising credits
• Membership ($199/month): Direct referrals, 11–50 beds, 30 advertising credits
• Membership ($399/month): Direct referrals, 51–100 beds, 30 advertising credits
• Membership ($599/month): Direct referrals, 100+ beds, 30 advertising credits
• Facility profile management, photos, and room availability display
• Subscription billing through Stripe
2.3 For Independent Placement Agents
· Access to placement opportunities through the Platform
· Commission-based compensation for completed placements
· Agent dashboard for referral, placement, and commission management
· Compliance and performance monitoring
Placement agents are independent contractors and not employees, partners, or representatives of Elderly Care Match.
Important Disclaimer: Elderly Care Match is a technology platform and does not provide medical advice, healthcare services, or operate care facilities.
3. User Accounts and Registration
3.1 Account Creation
Users must provide accurate information, a valid email address, and a secure password. Care providers and agents must provide valid business credentials and, where required, licensing.
3.2 Account Security
You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Notify us immediately of unauthorized access.
3.3 Account Suspension
We may suspend or terminate accounts for violations, false information, abuse, fraud, or inactivity exceeding twelve (12) months.
4. Subscriptions, Agent Compensation, and Payments
4.1 Care Provider Subscriptions
4.1 Care Provider Subscriptions
FREE Plan and Membership Plans as described in Section 2.2.
4.2 Agent Compensation (Commission Model)
Agents are compensated solely through commissions for successfully completed placements.
A "completed placement" means a client has moved into a facility and the facility has paid ECM the applicable placement/referral fee.
Commission structure and payment terms are governed exclusively by the Agent Referral & Placement Agreement, incorporated by reference.
Key conditions:
· Agents do not pay to receive referrals
· No placement volume is guaranteed
· Commissions are paid only after the facility payment is received by ECM
· Failed, canceled, or unpaid placements do not qualify
· Commissions may be reduced or reversed for refunds, chargebacks, or non-payment
· Payments are made via Stripe Connect
· Agents are responsible for all taxes
4.3 Facility Payment Responsibility
Care facilities are solely responsible for payment of placement and referral fees owed to Elderly Care Match. Agents may not collect fees directly from families or facilities unless expressly authorized in writing by ECM.
4.4 Billing and Renewal
Subscriptions renew monthly unless canceled. Payments are processed through Stripe. No refunds for partial months. Prices may change with 30 days’ notice.
4.5 Failed Payments
Accounts may be downgraded or suspended after three failed payment attempts.
5. User Conduct
Users may not:
· Provide false information
· Impersonate others
· Violate laws
· Harass or abuse
· Access systems without authorization
· Scrape data
· Upload malware
· Sell or transfer accounts
5.1 Care Provider Requirements
· Maintain valid licenses
· Provide accurate information
· Respond promptly to inquiries
· Comply with non-discrimination laws
5.2 Agent Requirements & Non‑Circumvention
Agents must comply with their Agent Agreement and may not bypass ECM to avoid fees or commissions.
6. Intellectual Property & Content
All Platform content is owned by ECM or its licensors.
Users grant ECM a royalty-free license to use submitted content for platform operation and marketing.
Users are responsible for obtaining photo releases for identifiable individuals.
7. Health and Sensitive Information
Elderly Care Match is a technology platform and is not a healthcare provider, health plan, or healthcare clearinghouse.
Elderly Care Match does not act as a Business Associate unless expressly agreed in a separate written Business Associate Agreement (BAA).
Information submitted through the Platform, including health-related information, is used solely for care matching, referral coordination, and platform operations.
Care facilities and agents remain solely responsible for their own regulatory compliance, clinical obligations, and healthcare-related duties.
8. Medicaid & Government‑Funded Placements
Placements funded primarily through Medicaid or other government assistance programs may not qualify for placement fees or agent commissions.
9. Disclaimers and Limitation of Liability
The Platform is provided "as is" without warranties.
ECM does not guarantee placement outcomes or quality of care.
To the maximum extent permitted by law, Elderly Care Match’s total liability for any claim arising from or related to the use of the Platform shall not exceed the greater of:
(a) $100; or
(b) the total amount paid by the user to Elderly Care Match in the preceding twelve (12) months.
No Reliance. Users acknowledge that Elderly Care Match does not recommend or endorse any specific facility or provider. All decisions regarding care selection are made solely by the user, and users agree not to rely on the Platform for medical, clinical, legal, or placement decisions.
10. Indemnification
Users agree to indemnify and hold harmless ECM from any claims arising from the use of the Platform or from any violation of these Terms.
11. Dispute Resolution
11.1 Informal Resolution
Contact support@elderlycarematch.com before formal claims.
11.2 Placement & Commission Disputes
Agents may dispute commission eligibility, placement attribution, calculations, duplicate involvement, or facility payment confirmation within fourteen (14) days. ECM records and agreements control.
11.3 Arbitration
Binding arbitration under AAA rules in Washington State.
11.4 Class Action Waiver
Claims must be brought individually.
12. Termination
Either party may terminate accounts. Outstanding obligations survive termination.
13. Changes to Terms
We may modify these Terms with notice. Continued use constitutes acceptance.
14. Governing Law
These Terms are governed by the laws of the State of Washington.
15. Communications and SMS Messaging Consent
15.1 Consent to Communications
We may contact users by email, phone, and SMS for service and marketing purposes.
Users receive SMS messages only if they explicitly opt in via a checkbox or a similar mechanism.
Message types may include:
· Placement updates
· Account notifications
· Referral alerts
· Billing notices
· Security messages
· Service announcements
SMS consent is not required to use the Platform.
15.2 Opt‑Out
Reply STOP to opt out. Reply HELP for assistance or contact support@elderlycarematch.com.
15.3 Charges
Message frequency varies. Message and data rates may apply.
15.4 Preferences
Certain critical messages may not be disabled.
16. Miscellaneous
Entire Agreement • Severability • Waiver • Assignment • Force Majeure
17. Contact Information
Elderly Care Match LLC
Email: support@elderlycarematch.com
Phone: 206‑771‑2112
18. Acknowledgment
By using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.