This document is provided for informational purposes and will be reviewed by qualified legal counsel prior to launch.
CareSwaps, LLC ("Company," "we," "us," or "our") operates a healthcare technology platform that provides algorithmic transfer matching software services to families and loved ones seeking to support a family member's transition to a new care setting.
CareSwaps is a technology platform provider. The platform:
CareSwaps is explicitly not a healthcare provider, patient broker, referral service, placement agency, care coordinator, discharge planner, medical advisor, transportation provider, or facility recommender. CareSwaps does not:
CareSwaps facilitates information sharing between families and the healthcare facility network, allowing families to explore options while facilities make independent decisions about patient admission.
CareSwaps offers a Platform Access Subscription at $299 per month. This subscription provides:
Each subscription includes up to 5 monthly matching queries, which allow families to explore facilities that meet their loved one's needs and preferences. Additional queries beyond the included allowance are not available in the current pricing model, but families may continue to use the platform's monitoring and coordination tools with their existing subscription.
The Company endeavors to maintain platform availability during normal business hours. The Company is not liable for unavailability due to events beyond its reasonable control, including natural disasters, internet outages, or acts of God. CareSwaps provides software tools only and does not guarantee facility availability, bed allocation, payer authorization, or transfer completion.
At launch, CareSwaps matching services are available for private-pay and commercially insured residents only. Residents whose care is funded primarily through Medicare or Medicaid are not currently eligible for platform matching services. The Company may expand payer eligibility in the future with written notice to subscribers.
The Platform Access Subscription is billed monthly at $299. Billing renews automatically each month on the same calendar date unless the subscription is canceled. Payment is collected via Stripe payment processing.
You have 7 days from your initial subscription purchase to request a full refund, no questions asked. This cooling-off period allows you to evaluate the platform risk-free. To request a refund within this period, contact [email protected] with your request.
If you cancel your subscription and no matching algorithm queries have been executed during the billing period, we will issue a prorated refund for the unused portion of your subscription fee. Refunds are processed within 5-10 business days to your original payment method.
You may cancel your subscription at any time with no cancellation fee or penalty. Cancellation is effective at the end of the current billing month. To cancel, contact [email protected] or manage your subscription through your account dashboard.
(1) Email [email protected] with subject line 'REFUND REQUEST' or visit careswaps.com/cancel. (2) Include your account email and the date you want the cancellation effective. (3) You will receive confirmation within 24 hours. Refunds are processed within 5-7 business days to your original payment method. (4) If matching queries were used during the billing period, your refund will be prorated based on queries consumed.
The Company may modify subscription pricing with 30 days' written notice. You may accept the new pricing or cancel your subscription without penalty if you do not accept the price increase.
If your payment fails, we will attempt to reprocess it up to three times over 10 days. If payment is not successful after 10 days, your subscription may be suspended until payment is received.
IMPORTANT: CareSwaps provides transfer coordination technology. Transfer outcomes depend on facility availability, clinical appropriateness, and regulatory requirements. CareSwaps does not guarantee any specific transfer or timeline.
Factors affecting transfer success are beyond CareSwaps' control, including:
The CareSwaps Platform provides informational tools only. Matching outputs are potential facility options based on operational criteria. A facility match displayed on the Platform does not represent a confirmed bed, an offer of admission, or any commitment from that facility. You must contact facilities independently to verify availability and explore whether they can meet your loved one's needs.
All clinical decisions regarding your loved one's readiness for transfer and the appropriateness of any potential facility are made exclusively by licensed healthcare staff at your current facility and the destination facility. CareSwaps provides operational data only and does not assess clinical suitability.
CareSwaps does not provide medical advice, clinical recommendations, or healthcare guidance. All clinical and care decisions must be made in consultation with your loved one's healthcare providers.
Matching options generated by CareSwaps are based on operational factors only (bed availability, location, payer acceptance, timing). They are NOT clinical recommendations. Do NOT rely on CareSwaps to determine whether a facility is clinically appropriate for your loved one. Always consult the resident's healthcare provider before choosing a facility. The facility's medical team will assess clinical suitability independently. CareSwaps does not guarantee: (1) any specific transfer, (2) any timeline, (3) facility availability, (4) clinical suitability, or (5) payer acceptance.
CareSwaps complies with the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Parts 160 and 164. When families submit health information through CareSwaps intake forms, that information is treated as Protected Health Information (PHI).
All health information and personal data submitted through CareSwaps is protected using industry-standard security measures:
Your health information is used exclusively to:
Your information is never sold, shared with advertisers, or used for marketing purposes without your explicit consent. Information may be shared with destination facilities only when you explicitly authorize sharing through the platform.
Your health information is retained for 7 years following termination of your subscription to comply with healthcare record retention requirements. After that period, your data is securely deleted or de-identified.
You agree that you are authorized to submit health information on behalf of your loved one or have obtained all necessary permissions to do so. If you are not the patient or their legal representative, you must obtain written authorization before submitting any health information.
You agree to provide accurate and current information when using CareSwaps. You are responsible for maintaining the confidentiality of your account login credentials.
You agree not to:
CareSwaps requires multi-factor authentication (MFA) for account security. You must enable and maintain MFA on your account.
CareSwaps is not liable for any transfer outcome, failed transfer, delayed transfer, or clinical consequence resulting from a family's use of the platform. Transfer success depends on facility decisions, clinical appropriateness, and factors beyond CareSwaps' control.
IN NO EVENT SHALL CARESWAPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST OPPORTUNITY, EMOTIONAL DISTRESS, OR OTHER HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CareSwaps' total liability for any claim shall not exceed the total amount you paid to CareSwaps in the 12 months preceding the claim.
The CareSwaps Platform is provided on an "as-is" basis. CareSwaps makes no warranty that the platform will meet your needs, will be error-free, or will produce any specific outcome regarding transfer placement or timing.
You agree to indemnify and hold harmless CareSwaps from any claim, liability, or expense arising from your misuse of the platform, breach of these Terms, or submission of false health information.
CareSwaps agrees to indemnify you from any claim that the platform infringes intellectual property rights or that CareSwaps has violated HIPAA or unauthorized disclosed your health information.
These Terms are governed by Colorado law, without regard to conflict-of-law principles.
CareSwaps complies with Colorado state law governing healthcare technology platforms, including C.R.S. § 24-31-809 (Colorado Medicaid Anti-Kickback provisions). Our fee structure — platform access subscriptions for technology services — is designed to comply with both the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and applicable Colorado state requirements. For questions on state-specific compliance, contact [email protected].
Before initiating formal legal proceedings, you agree to attempt good-faith resolution by contacting [email protected] with a detailed description of your dispute.
Any legal action must be brought on an individual basis. Class actions are prohibited.
CareSwaps retains all right, title, and interest in the platform, including all software, algorithms, and documentation. You grant CareSwaps no ownership interest in these assets.
CareSwaps grants you a non-exclusive, non-transferable license to access and use the platform solely for your personal healthcare decision-making. You may not sublicense, resell, or permit third parties to access the platform without permission.
You may terminate your subscription at any time by contacting [email protected]. Termination is effective at the end of the current billing month. No refunds are issued for partial-month cancellations unless you are within the 7-day cooling-off period or no queries have been executed.
CareSwaps may terminate your account if you materially breach these Terms, misuse the platform, or use it in violation of law.
Upon termination, your access is revoked. CareSwaps may delete your data after 90 days unless you request retention or applicable law requires longer retention.
Your use of CareSwaps is subject to the Colorado Consumer Protection Act (C.R.S. § 6-1-101 et seq.). You have the right to pursue remedies under Colorado law for any deceptive or unfair practices.
CareSwaps is a healthcare technology platform, not a healthcare provider, referral agency, or patient placement service. CareSwaps does not charge referral fees, placement fees, or transaction fees conditioned on transfer outcomes. Fees are charged only for platform subscription access, not for any specific transfer result.
CareSwaps reserves the right to modify these Terms at any time with 30 days' written notice. Material changes will be communicated via email. Continued use of the platform following notification constitutes acceptance of the modified terms.
CareSwaps may modify the platform features, matching algorithm, or service scope with reasonable notice.
By submitting an intake form, creating an account, or otherwise providing your telephone number to CareSwaps, you consent to receive calls and text messages at the number provided, including communications made using automated telephone dialing systems, artificial intelligence, pre-recorded voice, and/or artificial voice technology, in accordance with the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations.
Automated communications may include:
CareSwaps may use artificial intelligence and/or artificial voice technology in automated calls and messages. In accordance with the FCC's February 2024 declaratory ruling, AI-generated voices constitute "artificial or prerecorded voice" under the TCPA. Your consent under this section expressly covers communications made using such technology.
You may revoke consent to automated communications at any time by:
Opting out of transactional messages may limit our ability to provide real-time transfer updates and swap notifications. Opting out of marketing messages will not affect transactional communications or your platform access.
Message frequency varies based on platform activity. Message and data rates may apply per your wireless carrier's standard rates. CareSwaps is not responsible for charges imposed by your carrier. Consent to receive automated communications is not a condition of purchasing or using the CareSwaps platform.
Automated calls and text messages from CareSwaps will not contain Protected Health Information (PHI) unless sent through HIPAA-compliant channels with appropriate encryption and access controls. De-identified information (such as swap IDs and general status updates) may be communicated via standard SMS or automated voice. Communications containing patient-identifiable information will only be sent through encrypted, BAA-covered channels (e.g., encrypted email via Paubox or Google Workspace).
CareSwaps complies with the Colorado Telemarketing Act (C.R.S. § 6-1-901 et seq.) and maintains compliance with both federal (FTC) and Colorado Attorney General Do-Not-Call registries for outbound marketing communications.
These Terms, along with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and CareSwaps.
If any provision is found invalid, the remaining provisions continue in effect.
Failure to enforce any provision does not constitute a waiver of that provision.
All notices must be in writing and sent via email to [email protected] or to the email address associated with your account.
Neither party is liable for failure to perform due to events beyond its reasonable control.