Effective date: July 1, 2026
These Terms & Conditions ("Terms") govern access to and use of the Visiting Systems
application (the "Service"), operated by Visiting Systems ("we," "us," "our"). By creating an
account or using the Service, an Agency and its authorized users agree to these Terms.
1. The Service
Visiting Systems provides scheduling, GPS-based visit check-in/check-out, automatic exception
flagging, client/caregiver management, and payroll export tools for home care agencies. The
Service is currently designed for private-pay visits and does not submit data to any Medicaid EVV
aggregator unless and until that capability is explicitly added and an Agency opts in.
2. Accounts & Eligibility
- An Agency must provide accurate information when creating an account and is responsible for all activity under its account, including accounts it creates for its caregivers.
- Agencies are responsible for obtaining any consents from caregivers and clients needed to lawfully collect and use their information through the Service (including location data collected at check-in/check-out).
- Login credentials must not be shared between users; each individual using the Service should have their own account.
3. Subscription, Fees & Payment
Use of the Service beyond any pilot or trial period is subject to the applicable subscription
fees. Fees are billed in advance on a monthly or annual basis as selected by the Agency, are
non-refundable except as required by law, and are subject to change with at least 30 days' notice
before the next billing cycle.
4. Acceptable Use
Agencies and their users agree not to:
- Use the Service for any unlawful purpose, including submitting fraudulent visit or payroll records.
- Attempt to gain unauthorized access to other Agencies' data or to the Service's infrastructure.
- Reverse engineer, resell, or white-label the Service without our prior written consent.
- Upload data the Agency does not have the right to collect or share (e.g., client data collected without proper notice or consent).
5. Data Ownership
As between the Agency and Visiting Systems, the Agency retains ownership of the Client,
Caregiver, and visit data it inputs into the Service ("Agency Data"). The Agency grants us a
limited license to host, process, and display Agency Data solely to provide the Service. We may
use de-identified, aggregated data (not attributable to any individual Agency, Caregiver, or
Client) to improve the Service.
6. Disclaimers
THE SERVICE IS PROVIDED "AS IS." Exception flags (e.g., late start, short visit, location
mismatch) are automated, rules-based indicators intended to help an Agency review visits — they
are not a guarantee of fraud, error, or compliance, and the Agency remains responsible for
verifying and acting on flagged visits. The Service is not, on its own, a substitute for
compliance with state EVV mandates for Medicaid-funded services; Agencies providing
Medicaid-funded care remain responsible for using a compliant EVV pathway until and unless
Visiting Systems is credentialed for that purpose.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISITING SYSTEMS WILL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICE, AND OUR TOTAL
LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE FEES PAID BY THE AGENCY IN THE 12 MONTHS PRECEDING
THE CLAIM. Nothing in these Terms limits liability that cannot be limited under applicable law.
8. Termination
Either party may terminate the subscription at the end of the then-current billing period with
notice. We may suspend or terminate an account immediately for material breach of these Terms,
including non-payment or unlawful use. Upon termination, an Agency may request export of its
Agency Data within 30 days, after which it may be deleted.
9. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law
principles, unless applicable consumer protection law in the Agency's jurisdiction requires
otherwise.
10. Changes to These Terms
We may update these Terms from time to time. Continued use of the Service after updated Terms
take effect constitutes acceptance, except where a separate signed agreement governs.
11. Contact
Questions about these Terms can be sent to:
support@visitingsystems.com.