Terms of Service

1. Acceptance and authority

careib.io is a B2B service intended for licensed home health agencies, hospice and palliative care organizations, memory care providers, hospital and SNF discharge teams, concierge medical practices, and other professional care delivery organizations ("Agencies"). By signing the Subscription Agreement, the Master Services Agreement, the Business Associate Agreement (BAA), or by deploying any careib.io Patient Room Hub on behalf of a patient, your Agency agrees to these Terms of Service. The individual accepting these Terms represents that they have authority to bind the Agency.

2. The Service

careib.io ("the Service") is a HIPAA-compliant remote-monitored home care delivery platform operated by Selway Solutions Inc. The Service combines audio capture (via Plaud), Directly Observed Therapy via Insta360 video (DOT Clinical tier), vital sign telemetry, smart pill dispenser integration, structured AI enrichment, and a clinical daily brief. We supply the platform; the Agency supplies the licensed clinical staff, the patient relationships, and the regulatory accountability for care decisions.

3. Agency obligations

• The Agency will obtain all necessary patient consents, including but not limited to recording consent under applicable state and federal law, before deploying any careib.io hub or device in a patient's home or care setting.
• The Agency will execute and maintain a current Business Associate Agreement with Selway. careib.io will not knowingly process Protected Health Information (PHI) for an Agency without an active BAA in place.
• The Agency will use the Service in compliance with HIPAA, HITECH, applicable state privacy and recording statutes, scope-of-practice requirements, and all other laws governing the Agency's clinical operations.
• The Agency is responsible for the accuracy of patient records, the appropriateness of clinical decisions made using Service output, and the supervision of any unlicensed personnel interacting with the Service.
• The Agency will maintain the security of Agency-side credentials and will notify Selway promptly of any suspected compromise.

4. Intellectual property

The Service — including the website, the user interface, the source code, the underlying serverless functions, the database schemas, the prompt designs, the daily brief format, the brand names "careib" and "careib.io", associated logos, and all related design and copy — is owned by Selway Solutions Inc. and protected by copyright, trademark, and other intellectual property laws.

The Agency receives a limited, revocable, non-exclusive, non-transferable license to use the Service for the Agency's own care delivery operations during the period of an active subscription. The Agency receives no other rights, express or implied, and may not sublicense the Service to other care organizations.

Patient data, clinical observations, vital signs, transcripts, and other records created through use of the Service ("Agency Content") remain the property of the Agency and its patients. Selway acts as a Business Associate processor of such data under the BAA. Selway will use Agency Content only to operate the Service for the Agency, will not sell Agency Content, and will not use Agency Content to train models or improve products without written authorization from the Agency.

5. Prohibited use

The Agency, its employees, contractors, and authorized users agree not to:

• Reproduce, duplicate, copy, sell, resell, or sublicense any portion of the Service or access to it.
• Reverse engineer, decompile, or disassemble any portion of the Service, except to the extent that applicable law expressly permits despite this limitation.
• Scrape, crawl, or use automated systems to extract data from the Service in bulk, except for the publicly published robots.txt-permitted areas accessed within rate-reasonable limits.
• Use the Service to record any individual without the consent required by the law of the recording jurisdiction.
• Use the Service in violation of HIPAA, HITECH, the Agency's BAA with Selway, or any applicable healthcare law.
• Make clinical decisions based solely on Service output without independent professional clinical judgment.
• Interfere with, disrupt, or attempt to compromise the security of the Service or other Agencies' use of it.

6. Subscription, billing, and term

Subscription tiers, per-patient pricing, and billing cadence are stated in the Subscription Agreement. Invoices are due net 30 unless otherwise agreed. Late payments accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. Selway may suspend Service for accounts more than 60 days past due, with reasonable notice and a clinical-continuity transition window where suspension would otherwise create a patient safety risk.

Annual subscriptions auto-renew unless cancelled at least 30 days before the renewal date. Pricing changes for renewals will be communicated at least 60 days in advance.

7. Compliance posture

Detailed information about careib.io's HIPAA compliance posture, BAA chain, and configuration practices is available at /compliance. The Agency is responsible for verifying that careib.io's stated practices meet the Agency's own regulatory and contractual obligations before relying on the Service for PHI processing.

8. Third-party services

The Service depends on Plaud (SOC 2 + HIPAA certified audio capture), Google Workspace (HIPAA-eligible Gmail and Calendar), Supabase (HIPAA-add-on database hosting), Anthropic (Claude API enrichment), Stripe (billing), and Vercel (hosting). Selway maintains BAAs with these vendors as documented in /compliance. Selway is not responsible for outages, data loss, or policy changes by these third parties that are outside Selway's reasonable control.

9. Disclaimer of warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement, except as specifically warranted in the Subscription Agreement or BAA.

careib.io is not a medical device. Service output is decision support, not clinical determination. Licensed clinical staff retain full responsibility for diagnosis, treatment, medication management, and all other professional care decisions. The Agency's clinical workflows must include independent professional judgment for any decision that materially affects patient care.

10. Limitation of liability

To the maximum extent permitted by law and except for breach of the BAA's confidentiality and security obligations, Selway Solutions Inc., its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or business opportunity, arising from or related to use of the Service.

Selway's total cumulative liability for any claim arising under these Terms shall not exceed the amount the Agency paid Selway for the Service in the twelve months preceding the claim, except for breach of the BAA, where liability shall be governed by the terms of the BAA itself.

11. Indemnification

The Agency agrees to indemnify and hold harmless Selway Solutions Inc. and its officers, employees, and affiliates from any claim, damages, or expense arising from the Agency's violation of these Terms, the Agency's violation of any law or regulation governing its clinical operations, the Agency's failure to obtain required patient consents, or the Agency's clinical decisions made using Service output.

12. Termination

Either party may terminate for material breach upon 30 days' written notice and an opportunity to cure. Selway may suspend or terminate immediately for security incidents requiring containment, for non-payment as described above, or as required by law. On termination, Selway will provide the Agency with a complete export of Agency Content within 30 days and will retain or destroy the data per the BAA.

13. Modifications

We may update these Terms from time to time. Material changes will be communicated to active Agencies via email and in-product notice with at least 60 days' notice. The BAA can be updated only by mutual written agreement.

14. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute arising under these Terms will be brought exclusively in the state or federal courts located in Monterey County, California. The parties consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum.

15. Contact

Questions about these Terms, BAA execution, security incidents, or DMCA notices should be directed to:

Selway Solutions Inc.
Attn: Legal & Compliance
Email: legal@selwaysolutions.io
Security incidents: security@selwaysolutions.io