Terms of Service
Agreement
These Terms of Service (“Terms”) govern access to and use of the Tunzly platform and website (“Service”) provided by Tunzly (“we”, “us”). By creating an account or using the Service you agree to these Terms on behalf of yourself and, if applicable, the home-care agency you represent (“Customer”). If you are entering into these Terms for an agency, you confirm you have authority to bind it.
The service
Tunzly provides software for home-care agency operations: scheduling, client and caregiver management, electronic visit verification, messaging and telephony integrations, e-signatures, billing, claims and reporting. We may add, change or remove features; we will not materially reduce the core functionality of a paid subscription during its term without notice.
Accounts and responsibilities
- Keep credentials confidential; you are responsible for activity under your account
- Provide accurate information and keep it current
- Use role-based access appropriately — grant staff only the access their role requires
- Notify us promptly at hello@tunzly.com of any suspected unauthorized access
Customer data and PHI
As between the parties, Customer owns all data it submits to the Service. Where Customer data includes protected health information under HIPAA, our handling of it is governed by the Business Associate Agreement between Tunzly and the Customer, which controls over these Terms for PHI. We use Customer data only to provide and secure the Service and never sell it or use it to train AI models.
Customer is responsible for its own regulatory obligations as a covered entity or business associate, including obtaining any consents required to store client information in the Service.
Acceptable use
- No unlawful, infringing or fraudulent use, and no uploading of malicious code
- No attempts to probe, breach or circumvent security or access controls
- No use of telephony/SMS features in violation of TCPA, CASL or similar messaging laws
- No reselling or providing the Service to third parties except to your agency’s own staff and clients
Fees and billing
Paid plans are billed in advance on a subscription basis via our payment processor. Fees are non-refundable except where required by law. We may change pricing with at least 30 days’ notice, effective at the next renewal. Trials convert to paid plans only with your explicit action. Taxes are Customer’s responsibility.
Intellectual property
We own the Service, including all software, design and content we provide. Customer receives a limited, non-exclusive, non-transferable right to use the Service during the subscription term. Feedback may be used by us without obligation.
Confidentiality
Each party will protect the other’s non-public information with at least the care it uses for its own, and use it only as needed to perform under these Terms. This obligation survives termination.
Disclaimers
The Service is provided “as is”. We disclaim all implied warranties to the maximum extent permitted by law. Tunzly is an operations tool: it does not provide medical advice, and clinical and staffing decisions remain the Customer’s responsibility.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, and each party’s aggregate liability under these Terms is limited to the fees paid by Customer in the twelve months before the claim. These limits do not apply to a party’s breach of confidentiality, Customer’s payment obligations, or either party’s gross negligence or willful misconduct.
Termination
Customer may cancel at any time, effective at the end of the current billing period. We may suspend or terminate for material breach that remains uncured 15 days after notice, or immediately for security or legal risk. After termination we make Customer data available for export for 30 days, then delete it, subject to legal retention requirements and the BAA.
Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-laws rules. Courts located in Ontario have exclusive jurisdiction, and both parties consent to that venue.
Changes to these terms
We may update these Terms; material changes will be announced by email or in-app notice at least 15 days before they take effect. Continued use after the effective date constitutes acceptance.
Contact
Tunzly · hello@tunzly.com · https://tunzly.com