These terms govern the use of Carelyst (carelyst.ca), a software platform for homecare agencies. By creating an agency account or using Carelyst under an agency's account, you agree to them.
Carelyst is a product of Techalyst Software Inc., a company incorporated in British Columbia, Canada. In these terms, "we", "us", and "Carelyst" mean Techalyst Software Inc.. "You" means the agency holding the account, or the person using Carelyst under an agency's account.
Carelyst provides scheduling, visit verification, billing, payroll, communication, and related tools for homecare agencies. Each agency operates in its own isolated workspace with its own database, reachable at its own subdomain (or a custom domain the agency connects).
Don't misuse the platform: no unlawful content or use, no attempts to access other agencies' data or probe the platform's security, no reselling the service, and no use of the messaging system for spam.
We work to keep Carelyst available around the clock, but no software is perfect: the service is provided "as is" and we do not promise uninterrupted availability. Offline punches queue on the device and sync when connectivity returns. Support is available at hello@carelyst.ca.
The Carelyst software, design, and brand remain our property, as do the improvements we make to them. A subscription is a right to use the service while the account is in good standing, not a transfer of ownership in anything. The agency's own data stays the agency's, as section 3 describes.
To the maximum extent permitted by law, Carelyst's total liability for any claim arising out of the service is limited to the greater of the amount the agency paid us in the twelve months before the claim and one hundred Canadian dollars. We are not liable for indirect, incidental, or consequential damages, including lost profits, lost business, or lost goodwill, or for decisions made based on data an agency entered or failed to enter.
If a third party brings a claim against us that arises from the agency's breach of these terms or misuse of the service, including a claim that the agency stored personal or health information in Carelyst without the right to do so or without a consent it was required to obtain, the agency will defend that claim and pay the damages a court finally awards or a settlement the agency approves. We will notify the agency of any such claim promptly and cooperate reasonably in its defense.
We may suspend or close an agency's account if the agency breaches these terms, if its subscription remains unpaid after notice and retries, or if its continued use puts other customers or the platform at legal or operational risk. Where practical we give notice and a chance to fix the problem first. An agency can cancel its subscription at any time from its billing page. Section 3 describes what happens to the agency's data after an account closes.
We may update these terms as the product evolves. Material changes will be announced to agency owners with reasonable notice. Continued use after a change means acceptance.
If a court finds part of these terms unenforceable, the rest still applies. These terms and the Privacy Policy are the entire agreement between the agency and us about the service. We may assign these terms as part of a sale or reorganization of our business; the agency may not transfer its account to another organization without our consent.
These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province. Disputes will be heard by the courts located in Vancouver, British Columbia, unless local law requires otherwise.
Techalyst Software Inc.
Suite 1047, 1055 West Georgia Street, Unit 220
Vancouver, BC V6E 3P3, Canada
Questions about these terms: legal@carelyst.ca