Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Notfyr website, web and mobile applications, and related services (collectively, the “Services”), operated by Notfyr (“Notfyr,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms on behalf of yourself and, if applicable, the organization you represent. If you do not agree, do not use the Services.

1. Description of services

Notfyr provides voice-first shift notes and care documentation tools designed for direct support professionals (DSPs), home care and residential provider organizations, and other care staff in the United States. Features may include voice recording, automatic transcription, tagging to care goals and plans, supervisor review, and related collaboration tools.

2. Accounts and eligibility

• You must be at least 18 years old and authorized to bind your organization, if you are creating an account on its behalf.
• You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@notfyr.co if you suspect unauthorized use of your account.
• If your organization administers accounts for its staff, your organization is responsible for managing user access, permissions, and offboarding within the Services.

3. Acceptable use

You agree not to use the Services to:

• Violate any applicable law, regulation, or industry rule, including healthcare and data protection laws.
• Infringe the rights of others, including privacy, confidentiality, and intellectual property rights.
• Record, transcribe, or document information about an individual receiving care without appropriate authorization from your organization.
• Upload or transmit harmful code, malware, or unauthorized data.
• Attempt to gain unauthorized access to the Services or related systems.
• Use the Services in any manner that could disable, overburden, or impair them, or interfere with another party’s use.
• Reverse engineer, decompile, or attempt to extract the source code of the Services, except as permitted by law.

4. Data and content

As between you (or your organization) and Notfyr, you or your organization retain ownership of the content created, submitted, or uploaded through the Services, including voice recordings, transcriptions, and care notes (“Your Content”). You grant Notfyr a limited license to access, use, host, process, and display Your Content solely to provide, secure, and improve the Services. You and your organization are responsible for ensuring Your Content and its collection comply with applicable laws, including healthcare and data protection regulations such as HIPAA.

Where Your Content includes protected health information (“PHI”), Notfyr will process that PHI as a business associate (or subcontractor to a business associate) under a separate Business Associate Agreement (“BAA”) with your organization, which governs our handling of PHI and controls to the extent it conflicts with these Terms.

5. Confidentiality and security

We take reasonable administrative, technical, and physical measures designed to protect data processed through the Services, including encryption in transit and at rest and access controls. However, no system is completely secure. You are responsible for using strong, unique credentials, enabling any available security features, and reporting any unauthorized access or suspected security incident promptly to support@notfyr.co.

6. Intellectual property

The Services, including all related software, designs, trademarks, logos, and content owned by Notfyr, are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. These Terms do not grant you any right to use our branding or intellectual property except as necessary to use the Services.

7. Fees and payment

If your organization subscribes to a paid plan, fees, billing terms, and payment methods will be set out in an applicable order form, subscription agreement, or the pricing page in effect at the time of purchase. Unless otherwise stated, fees are non-refundable. We may suspend access to the Services for accounts with overdue payments after providing reasonable notice.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT TRANSCRIPTIONS OR AI-GENERATED CONTENT WILL BE ERROR-FREE, AND USERS AND ORGANIZATIONS ARE RESPONSIBLE FOR REVIEWING CARE NOTES FOR ACCURACY BEFORE RELYING ON THEM FOR CLINICAL, COMPLIANCE, OR BILLING PURPOSES.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOTFYR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU OR YOUR ORGANIZATION PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Notfyr and its officers, employees, and agents from and against any claims, damages, and reasonable costs or attorneys’ fees arising out of (i) your use of the Services, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of a third party.

11. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to us, other users, or third parties. You or your organization may stop using the Services at any time. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and dispute resolution) will survive.

12. Dispute resolution

We encourage you to contact us first at legal@notfyr.co to try to resolve any dispute informally. If we cannot resolve a dispute informally, it will be resolved in accordance with the governing law and venue provisions below, or through an organization-level agreement if one is in place between Notfyr and your organization.

13. Changes to these terms

We may modify these Terms from time to time. We will post the updated Terms on our website and update the effective date above. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

14. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any disputes arising under these Terms that are not otherwise resolved will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

15. Contact us

If you have questions about these Terms, please contact us at legal@notfyr.co. For general support, contact support@notfyr.co.

These Terms of Service are provided as a template and should be reviewed by qualified legal counsel before use.