Terms of Service

1. Acceptance of Terms

By accessing and using the PatientSwaps service, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

2. Service Description

PatientSwaps LLC ("PatientSwaps", "we", "us", or "our") is a care facility coordination service that helps families and care facilities execute bilateral patient transfers (swaps) between facilities. PatientSwaps coordinates timing, manages compliance documentation, and connects families with vetted transportation partners.

2.1 Service Offerings

• For Families: One-time coordination fee of $1,999 for matching two complementary care needs between facilities, managing compliance/paperwork, and coordinating swap timing. Includes connection with vetted transportation partners.
• For Facilities: Monthly subscription fee of $399/month for access to the PatientSwaps swap network, ability to participate in swaps, and coordination support.
• For Transportation Partners: Annual credentialing fee of $399/year for NEMT (Non-Emergency Medical Transportation) or medical transport companies to be vetted and listed as PatientSwaps partners (not tied to any specific referral).

3. No Guarantee of Match

PatientSwaps makes reasonable efforts to match families and facilities, but does not guarantee a successful match will be found. The typical search period is up to 90 days from the date of registration.

3.1 Refund Policy

If PatientSwaps is unable to identify a suitable match within 90 days of your registration, you may request a full refund of your $1,999 coordination fee. Refunds must be requested in writing to hello@patientswaps.com within 30 days of the 90-day mark.

3.2 Cancellation

Families may cancel their swap coordination at any time by written request to hello@patientswaps.com. If a match has been identified and swap documentation has been initiated, a cancellation fee of $500 may apply. If no match has been identified, the full $1,999 fee will be refunded.

4. Payment Terms

4.1 Family Fees

The one-time coordination fee of $1,999 is due at the time of registration. Payment is processed through Stripe and must be authorized on a valid payment method (credit/debit card). Your payment confirms acceptance of these Terms of Service.

4.2 Facility Subscription Fees

Facility subscription fees of $399/month are billed automatically on a recurring monthly basis beginning on the first day of service. Facilities may cancel their subscription at any time with written notice to hello@patientswaps.com. No refunds will be issued for partial months.

4.3 Transportation Partner Credentialing Fees

Transportation partner credentialing fees of $399/year are billed annually. This fee is not tied to any specific patient referral and does not guarantee any referrals. Early partners may be eligible for fee waivers at PatientSwaps' sole discretion.

4.4 Late Payments

If a facility subscription payment fails or is not received by the due date, PatientSwaps may suspend access to the platform and terminate the subscription agreement after 15 days of non-payment.

5. PatientSwaps is NOT a Transportation Provider

• Reviewing and verifying the credentials and insurance of any transportation provider
• Negotiating rates and terms directly with the transportation company
• Ensuring the transportation provider has appropriate insurance and medical credentials for your loved one's care needs
• Paying the transportation company directly for all transportation services
• Coordinating directly with the transportation company for pickup times, routes, and any special accommodations
• Providing the transportation company with any medical information needed to safely transport your loved one

PatientSwaps accepts no liability for any injuries, damages, delays, or service failures by any transportation provider. Your remedy is with the transportation provider, not PatientSwaps.

6. PatientSwaps is NOT a Healthcare Provider

PatientSwaps may help assess transportation level needs (NEMT vs. medical transport) based on information you provide, but this assessment is informational only and not a medical determination. If you have questions about whether your loved one is medically stable enough for a specific level of care or transportation, you must consult with their primary care physician or the receiving facility's medical team before proceeding with a swap.

PatientSwaps is not liable for any medical emergencies, adverse health outcomes, or complications that arise during or after any swap or transportation. All medical liability remains with the treating facilities and transportation providers.

7. User Responsibilities

7.1 Accuracy of Information

You agree to provide accurate, complete, and truthful information when registering for PatientSwaps services and throughout the coordination process. You are responsible for any inaccuracies or omissions in the information you provide.

7.2 Consent and Authority

If registering for services on behalf of another person, you represent that you have the legal authority (Power of Attorney, Medical Power of Attorney, guardianship, or similar) to act on their behalf. You agree to provide proof of authority if requested.

7.3 Prohibited Use

You agree not to use PatientSwaps services for any illegal, fraudulent, or harmful purpose. This includes but is not limited to:

• Providing false information or forging documents
• Harassing or threatening other users, facilities, or transportation partners
• Attempting to interfere with or disrupt the PatientSwaps platform
• Selling or transferring your account to another person
• Violating any applicable federal, state, or local laws

8. HIPAA Compliance and Privacy

PatientSwaps handles Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and is a HIPAA-compliant service. By using PatientSwaps, you acknowledge that you have read and agree to our HIPAA Notice of Privacy Practices and Privacy Policy.

PatientSwaps uses Business Associates (vendors like Jotform, Google Workspace, and Paubox) under signed Business Associate Agreements (BAAs) to securely process and store PHI. You have the right to:

• Access your personal health information
• Request corrections to inaccurate information
• Request restriction of use and disclosure
• Receive an accounting of disclosures

To exercise these rights or file a complaint about our privacy practices, contact hello@patientswaps.com.

9. Intellectual Property Rights

All content, materials, trademarks, logos, and technology used in PatientSwaps services are the exclusive property of PatientSwaps LLC or are licensed under agreements with third parties. You may not reproduce, modify, distribute, or use any PatientSwaps materials without prior written consent from PatientSwaps.

By submitting information to PatientSwaps, you grant PatientSwaps a limited license to use that information (in de-identified form) for service improvement, operational reporting, and aggregate statistical analysis.

10. Limitation of Liability

• Any indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use PatientSwaps services
• Any loss of data, revenue, profits, or business opportunities
• Any transportation service failures, delays, injuries, or adverse outcomes caused by transportation providers
• Any medical emergencies, hospital readmissions, or adverse health outcomes related to any swap or transfer
• Any breach of contract, negligence, or conduct by participating facilities, transportation partners, or other third parties
• Any failure to match you with a suitable facility within the 90-day period
• Any termination of services or suspension of access to the platform

TO THE FULLEST EXTENT PERMITTED BY LAW, CARESWAPS' TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR CARESWAPS SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO CARESWAPS IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Disclaimer of Warranties

CARESWAPS SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Any warranty that PatientSwaps services will be uninterrupted, error-free, or secure
• Any warranty regarding the quality, reliability, or suitability of any facility or transportation partner
• Any warranty that a suitable match will be found

Participating facilities and transportation partners are independent contractors, not agents or employees of PatientSwaps. PatientSwaps is not responsible for their conduct, credentials, or compliance with applicable laws.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. PatientSwaps LLC is a Colorado limited liability company.

12.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of PatientSwaps services shall be brought exclusively in the state or federal courts located in Colorado. You consent to the jurisdiction and venue of such courts and waive any objection to venue or claim of forum non conveniens.

12.3 Informal Resolution

Before initiating any formal legal action, we encourage you to contact us at hello@patientswaps.com to attempt to resolve any dispute informally. If informal resolution is not successful within 30 days, either party may pursue formal legal remedies.

13. Indemnification

You agree to indemnify, defend, and hold harmless PatientSwaps LLC, its officers, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of PatientSwaps services
• Your violation of these Terms of Service
• Your violation of any applicable law or the rights of any third party
• Any information or statements you provide to PatientSwaps
• Any claims by third parties (including facilities or transportation providers) related to your participation in a swap

14. Termination of Services

14.1 Termination by PatientSwaps

PatientSwaps may terminate or suspend your access to services immediately, without notice or liability, if:

• You violate any provision of these Terms of Service
• You provide false, fraudulent, or inaccurate information
• Your account is used for any illegal, harmful, or threatening purpose
• You harass or threaten PatientSwaps staff, other users, facilities, or transportation partners
• You fail to pay required fees within 15 days of the due date (for facilities)

14.2 Effect of Termination

Upon termination, your access to PatientSwaps services will cease immediately. No refunds will be issued except as specifically provided in this agreement. Any provisions of these Terms that by their nature should survive termination (including limitation of liability, disclaimer of warranties, indemnification, and dispute resolution) shall continue in effect.

15. Modification of Terms

PatientSwaps reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the PatientSwaps website. Your continued use of PatientSwaps services after any modification constitutes your acceptance of the modified terms. If you do not agree with any modification, you must discontinue use of PatientSwaps services.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and PatientSwaps regarding your use of our services and supersede all prior negotiations, understandings, and agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Information

For questions about these Terms of Service, to request amendments, or to submit a privacy or HIPAA complaint, please contact: