Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") form a binding agreement between you (and the agency or organization you represent) and StaffWave ("Company," "we," or "us"), governing your access to and use of the DischargeReady platform available at dischargeforms.com ("Service").
By accessing the Service, creating an account, or executing an order form, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Service.
2. Description of Service
DischargeReady is an AI-powered compliance automation platform for Medicare-certified home health agencies. The Service assists with the generation, review, and management of compliance documentation including CMS-485 plans of care, discharge summaries, and workflows governed by 42 C.F.R. Part 484 Conditions of Participation.
Clinical Disclaimer: DischargeReady is a documentation and workflow assistance tool. It is not a substitute for clinical judgment. All documentation generated by the Service must be reviewed, verified, and approved by a qualified licensed clinician before submission or use in patient care. StaffWave is not responsible for clinical decisions made on the basis of Service output.
3. Account Registration
To use DischargeReady, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at info@staffwave.ai if you suspect unauthorized access to your account.
You represent that: (a) you have the authority to bind your agency or organization to these Terms; (b) your agency is a licensed home health agency operating in compliance with applicable federal and state law; and (c) the information you provide during registration is accurate.
4. HIPAA Business Associate Agreement
Your agency is a Covered Entity under the Health Insurance Portability and Accountability Act (HIPAA). StaffWave is a Business Associate when processing Protected Health Information (PHI) on your behalf.
You may not transmit, upload, or process any PHI through DischargeReady until a Business Associate Agreement (BAA) has been fully executed between your agency and StaffWave.
To request a BAA, email info@staffwave.ai. Once executed, the BAA is incorporated into and made part of these Terms. In the event of any conflict between these Terms and the BAA with respect to PHI, the BAA controls.
5. Subscription and Payment
Access to DischargeReady is provided on a subscription basis. Current pricing is described on our pricing page or in your order form. Unless otherwise agreed in writing:
- Subscriptions are billed monthly or annually in advance
- All fees are non-refundable except as required by law or as expressly stated in your order form
- We may update pricing with at least 30 days' written notice to your registered email address; continued use after the effective date of a price change constitutes acceptance
- Accounts with overdue balances may be suspended after 10 days' notice; access is restored upon payment of all amounts owed
6. Acceptable Use
You agree to use the Service only for lawful purposes. You may not:
- Use the Service to generate, submit, or file fraudulent claims to any federal or state healthcare program
- Upload data for which your agency does not have appropriate authorization
- Attempt to reverse-engineer, decompile, or extract proprietary components of the Service
- Share login credentials with individuals not authorized under your subscription
- Use the Service in any manner that violates HIPAA, the False Claims Act, or other applicable law
- Resell or sublicense access to the Service without written consent
We reserve the right to suspend or terminate access for material violation of these restrictions, with or without prior notice where immediate action is required to protect the Service or other users.
7. Intellectual Property
The DischargeReady platform, including its AI models, workflows, user interface, and all underlying technology, is owned by StaffWave and protected by applicable intellectual property law. These Terms do not transfer any ownership rights to you.
You retain ownership of all data and content you upload to the Service ("Your Content"). By uploading Your Content, you grant StaffWave a limited, non-exclusive license to process Your Content solely to provide and improve the Service. We do not use Your Content — including any PHI — to train AI models for other customers or for purposes outside the scope of your BAA.
8. Confidentiality
Each party may receive non-public business information from the other party in connection with the Service ("Confidential Information"). Each party agrees to protect the other's Confidential Information with at least the same degree of care it applies to its own confidential information, and not less than reasonable care. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law. Obligations under your BAA govern PHI separately.
9. Term and Termination
These Terms remain in effect for the duration of your subscription and any renewal periods. Either party may terminate for material breach upon 30 days' written notice if the breach is not cured within that period. We may terminate immediately for violation of Section 4 (BAA) or Section 6 (Acceptable Use).
Upon termination, your right to access the Service ceases. We will provide a 30-day window to export your agency's data before deletion, in accordance with your BAA.
10. Disclaimer of Warranties
The service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that any documentation generated will satisfy any specific regulatory requirement. All generated documentation must be reviewed by a qualified clinician before use.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall StaffWave, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, regulatory fines, or costs of substitute services, arising out of or related to your use of or inability to use the service, even if advised of the possibility of such damages.
Our aggregate liability to you for any claims arising under these terms shall not exceed the total fees paid by you to StaffWave in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless StaffWave and its officers, directors, and employees from and against any claims, damages, penalties, fines, and costs (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) any clinical decision made on the basis of Service output; or (d) your violation of applicable law, including HIPAA.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising under these Terms shall first be submitted to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association in New York, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated to your registered email address with at least 30 days' notice. Your continued use of the Service after the effective date of any update constitutes acceptance of the revised Terms.
15. Contact
For questions about these Terms or to request a BAA: