Carely — Terms of Service
Effective Date: October 18, 2026 (previous version: October 9, 2026) · Provider: Aureate Care Systems LLC, a Florida limited liability company ("Carely," "we," "us")
1. Acceptance
By accessing or using the Carely platform, websites, desktop applications, mobile applications, and related services (collectively, the "Services"), you agree to these Terms of Service ("Terms"). If you use the Services on behalf of an organization (an "Agency"), you represent that you are authorized to bind it, and "you" includes that organization. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years old and able to form a binding contract. The Services are intended for use by operating home-care agencies and the caregivers and authorized family members they invite. The Services are offered in the United States and are not directed to any jurisdiction where they would be unlawful.
3. Accounts and security
You are responsible for (a) the accuracy of information you provide, (b) maintaining the confidentiality of your credentials, and (c) all activity under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts that violate these Terms or present a security or legal risk.
4. Roles and the Agency relationship
The Services are multi-tenant. Each Agency controls its own workspace and the data in it. The Agency — not Carely — determines who may access its workspace, what data is entered, and the lawful basis for collecting it. Carely acts as a service provider and Business Associate to the Agency under the Business Associate Agreement signed when the Agency's account is created, and under any additional data-processing terms separately agreed with that Agency. Caregivers and family members access the Services under their Agency's authorization and policies.
5. License; acceptable use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. You will not, and will not permit anyone to: (a) reverse engineer, decompile, or attempt to extract source code (except where law prohibits this restriction); (b) resell, sublicense, or provide the Services to third parties except as expressly permitted; (c) upload unlawful, infringing, or malicious content; (d) interfere with or probe the Services' security; (e) use the Services to violate any law, including healthcare, privacy, consumer-protection, or messaging laws; or (f) send communications to individuals without all legally required consents.
6. Customer data; your responsibilities
"Customer Data" means data you or your Agency submit to the Services, including PHI. As between you and Carely, you (and your Agency) own and are responsible for Customer Data and for obtaining all notices, authorizations, and consents necessary to collect it and to have Carely process it — including consents required to send communications and to capture EVV location data. You represent that your use of the Services and Customer Data complies with all applicable laws. You are responsible for the accuracy of clinical, scheduling, billing, payroll, and EVV information; Carely does not independently verify it.
7. No medical advice; not a healthcare provider
Carely is a software tool for administration, scheduling, documentation, and billing. It is not a healthcare provider, is not engaged in the practice of medicine or nursing, and does not provide medical, clinical, diagnostic, or treatment advice. Features such as medication reminders are non-medical administrative reminders only and are not a substitute for professional medical judgment, a licensed clinician, or emergency services. In an emergency, call 911. Care decisions remain the sole responsibility of the Agency, its licensed personnel, the care recipient, and their authorized representatives.
8. Billing, payments, and third-party services
Where enabled, the Services facilitate invoicing and payment processing through third-party processors. Carely does not store full card or bank-account numbers. Your use of any third-party service (payment processor, email provider, EVV vendor, AI help) is also subject to that provider's terms. Carely is not responsible for the acts, omissions, fees, or availability of third-party services, and amounts owed between an Agency and its clients are between those parties.
8A. Subscriptions, free trial, and cancellation
Plans and price. Agency subscriptions are priced by the number of active clients, in the tiers published at carelyapp.care/pricing, with no charge per user, caregiver, or module. Annual billing is ten months' price for twelve. Branch and sub-unit agencies are billed once, on the parent's combined client count.
What counts as an active client. A client is counted for billing when, in the preceding 30 days, the Agency has recorded a visit, a scheduled visit, an EVV record, a visit report, or an invoice for them, or — while the client remains open (not discharged, deceased, or archived) — when they have a signed care plan, an assigned caregiver, or a service authorization. Duplicate records of the same client count once. Your tier adjusts automatically as the count rises or falls, with a small allowance above each tier's limit before the next tier applies.
Free trial. A new Agency starts with a free trial of the length stated at sign-up (30 days at this version). No payment method is required to start it, and nothing is charged unless you choose to subscribe. If the trial ends without a subscription, the account is paused; we notify you, and the account and its data are deleted seven days after that notice unless you subscribe first. Subscribing during the trial keeps everything you set up.
Cancellation. You may cancel at any time from Account settings, without notice or a phone call. Access continues to the end of the period already paid for, during which you can export your data. We do not refund the unused part of a prepaid period except where the law requires it.
Changes to price. We give advance notice of any price change or automatic renewal as the law of your state requires, and at least 30 days before a change takes effect.
9. AI features
The Ask Carely assistant provides general, in-product navigation and how-to help only. It may be inaccurate or incomplete, is not advice of any kind, and should not be relied upon for clinical, legal, financial, or compliance decisions. It is designed not to receive PHI; do not enter PHI into it.
Carely can also read documents an Agency uploads and suggest which caregiver fits a client or a visit. These are suggestions for a person to check. A document can be misread and a suggestion can be wrong: the Agency is responsible for reviewing what was read before it is saved, and for every assignment it makes, whether or not Carely suggested it. Carely's own rules, not the model, decide who is eligible for a visit.
Carely also generates written business briefings from an Agency's own aggregate figures. Those briefings are informational only, are produced from numbers Carely has already calculated, and are not financial, legal, or clinical advice. See the Privacy Policy for what is and is not sent to the model.
10. Intellectual property
The Services, software, designs, text, and trademarks are owned by Carely or its licensors and are protected by law. We reserve all rights not expressly granted. Feedback you provide may be used by us without restriction or obligation. You retain ownership of Customer Data.
11. Beta and evolving features
Some features may be labeled beta, preview, or simulated and are provided "AS IS," without warranty, and may change or be withdrawn. Where a capability is not yet operating against a live third-party provider, the Services indicate this in the interface.
12. Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, secure, or that data will not be lost. Some jurisdictions do not allow certain warranty exclusions; some protections may not apply to you.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARELY AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. CARELY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOUR AGENCY TO CARELY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).
14. Indemnification
You will defend, indemnify, and hold harmless Carely from and against any third-party claims, damages, and costs (including reasonable attorneys' fees) arising out of (a) Customer Data; (b) your or your Agency's use of the Services; (c) your violation of these Terms or any law; or (d) your failure to obtain required consents or authorizations.
15. Term; suspension; termination
We may suspend or terminate access for violation of these Terms, legal risk, or non-payment. Upon termination, your license ends. Provisions that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnity, and governing law — survive. Data return and deletion work as follows: an Agency that closes its account keeps access to a full export for 30 days and may reactivate within that window; after it, the account is archived and then purged. Protected Health Information is handled under the Business Associate Agreement. Any separately negotiated agreement with an Agency controls where it differs.
16. Governing law; dispute resolution; arbitration; class-action waiver
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its rules, and YOU AND CARELY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Either party may bring qualifying claims in small-claims court.
17. Changes
We may update these Terms; material changes will be notified through the Services or by email. Continued use after a change takes effect constitutes acceptance of it.
18. Miscellaneous
These Terms, together with the Privacy Policy and (for Agencies) the Business Associate Agreement signed at account creation, are the entire agreement between you and Carely. Where an Agency has separately signed a subscription agreement or data-processing addendum with us, that agreement controls to the extent it conflicts with these Terms. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets. No waiver is implied by delay.
Contact
Aureate Care Systems LLC 1213 Limbali Street, Mount Dora, FL 32757 support@carelyapp.care
Aureate Care Systems LLC · Privacy Policy · Terms of Service