For home care agencies · Effective July 17, 2026 · Last updated September 24, 2026
These Terms of Service (these "Terms") are a binding agreement between Hailo LLC, a California limited liability company with its principal place of business at 25283 Cabot Rd, Ste 212, Laguna Hills, CA 92653 ("Hailo," "we," "us," or "our"), and the home care agency or other organization that registers for or uses the Hailo Agency platform ("Agency," "you," or "your").
By creating an Agency account, clicking to accept these Terms, or using the Agency Services, you agree to these Terms on behalf of the Agency. The person accepting represents that they have authority to bind the Agency; if you do not have that authority, or you do not agree to these Terms, do not use the Agency Services.
These Terms contain a binding arbitration provision and class action waiver (Section 21) that affect how disputes are resolved. Please read them carefully.
1.1 What these Terms cover. These Terms govern the Agency's access to and use of the software platform available at hailoagency.com and app.hailoagency.com, the Hailo Agency mobile application, and the related tools we provide to agencies — including scheduling, Electronic Visit Verification ("EVV"), client and caregiver management, CRM and recruiting tools, hosted public forms, billing and invoicing, payroll tools, reports, messaging, AI features (including Atlas and AI phone agents), phone numbers and calling/texting features, the electronic signature portal, and the Hailo care marketplace (collectively, the "Agency Services").
1.2 What these Terms do not cover. Consumers' and caregivers' use of Hailo's client-facing applications and websites is governed by separate terms at hailocare.com/terms. Our processing of personal information is described in the Hailo Privacy Policy (hailoagency.com/privacy), which is incorporated into these Terms. If the Agency is a HIPAA covered entity or business associate, the parties' Business Associate Agreement (Section 8) also applies and controls with respect to protected health information ("PHI").
1.3 Order of precedence. If the Agency and Hailo have signed a separate written agreement covering the Agency Services, that agreement controls over these Terms to the extent of any conflict. Otherwise, these Terms, the Privacy Policy, the BAA (where executed), and any plan or pricing terms presented at purchase together form the entire agreement.
3.1 Eligibility. The Agency Services are for business use by organizations that arrange, provide, or coordinate home care and related services. The Agency represents that it is duly organized, validly existing, and holds all licenses, registrations, and permits required to operate its business in each jurisdiction where it operates.
3.2 Registration. The Agency must provide accurate, current, and complete registration information (including legal name, state, and contact details) and keep it updated. Accounts may be created with email/password or through Google or Apple sign-in.
3.3 Authorized Users; roles and permissions. The Agency controls who may access its workspace and what each person can do, using the roles and permission settings in the Agency Services. The Agency is responsible for: (a) provisioning access only to appropriate personnel; (b) promptly removing access when personnel leave or change roles; (c) all activity that occurs under its account and its Authorized Users' credentials; and (d) maintaining the confidentiality of credentials. Notify us immediately at info@hailocare.com of any suspected unauthorized access.
3.4 No competitive use. The Agency may not access the Agency Services to build a competing product, benchmark for a competitor, or copy features, and may not permit a direct competitor of Hailo to access the Agency Services except with our prior written consent.
4.1 Plans. The Agency Services are offered in subscription plans with the features, limits, and prices presented at purchase or otherwise agreed with Hailo in writing. Features are plan-gated: changing plans changes which modules are available.
4.2 Billing. Paid plans are billed in advance on a recurring basis (monthly unless otherwise stated) to the payment method on file, processed by Stripe. The Agency authorizes recurring charges for subscription fees, usage-based fees (Section 5), Marketplace Lead purchases (Section 6), and applicable taxes. Subscriptions renew automatically until cancelled.
4.3 Plan changes and cancellation. The Agency may upgrade, downgrade, or cancel at any time through the billing settings. Upgrades take effect promptly with prorated or immediate charges as displayed at purchase; downgrades and cancellations take effect at the end of the then-current billing period. Downgrading may disable modules and features; it is the Agency's responsibility to export or complete work in a module before downgrading. Except as expressly stated in these Terms or required by law, fees are non-refundable and there are no refunds or credits for partial periods or unused features.
4.4 Nonpayment. If a charge fails, we may retry it and notify the Agency. Continued nonpayment may result in suspension or downgrade of the account as described in Section 17, including cancellation of scheduled functionality that depends on a paid module.
4.5 Price changes. We may change plan pricing and fees prospectively with at least 30 days' notice (email or in-app). Continued use after the change takes effect constitutes acceptance.
4.6 Taxes. Fees are exclusive of taxes. The Agency is responsible for all applicable sales, use, and similar taxes, other than taxes on Hailo's income.
5.1 Prepaid wallet. Usage-based features — including AI phone-agent calling minutes, phone-number monthly fees, and similar metered services — are funded by Wallet Credits that the Agency purchases in advance. Usage is metered and deducted from the wallet as incurred; per-unit rates are shown in the product.
5.2 Hard stop at zero. When the wallet balance reaches zero, usage-based features stop functioning (including AI phone agents answering or placing calls) until the Agency adds funds. Hailo is not responsible for missed calls, leads, or other consequences of an unfunded wallet.
5.3 Nature of credits. Wallet Credits are a prepayment for services, are not a deposit or stored-value account, carry no interest, and have no cash value except as stated here. Wallet Credits are non-transferable between accounts. Upon termination of the Agency's account, we will refund any remaining Wallet Credit balance upon written request, less amounts owed to us; promotional or granted credits are non-refundable.
5.4 Metering disputes. The Agency must raise any good-faith dispute about metered charges within 60 days of the charge; our records of usage (call logs, ledgers) are presumptively accurate.
6.1 How it works. Hailo makes consumer care requests available to agencies whose service areas match. Before purchase, leads are shown in masked form (initials, area, care details). An agency that purchases a lead pays the per-lead price displayed at the time of purchase and receives the consumer's full contact details exclusively — a purchased lead is closed to other agencies.
6.2 No guarantee. A Marketplace Lead is an introduction, not a customer. Hailo does not guarantee that any lead will respond, engage, convert, or be suitable, and lead purchases are non-refundable, except that if the contact information in a purchased lead is materially invalid (for example, a non-working phone number and undeliverable email), the Agency may request a credit within 7 days of purchase, which we may grant in our reasonable discretion.
6.3 Use of leads. The Agency may use a purchased lead solely to communicate with the consumer about the care they requested. The Agency must: (a) honor the scope of any communication consent transmitted with the lead, and comply with Section 9.6 (TCPA) for all calls and texts; (b) not resell, share, or transfer leads outside the Agency; and (c) promptly honor consumer requests to stop contact. Consumers may opt out or request deletion of their care requests as described in the Privacy Policy; the Agency must honor any such request communicated to it.
6.4 Marketplace conduct. The Agency may not use scripts, bots, or other means to scrape, reserve, or manipulate the marketplace, and may not contact consumers based on masked previews.
7.1 Ownership. As between the parties, the Agency owns Agency Data. Hailo owns the Agency Services, and all usage data, telemetry, and de-identified or aggregated data derived from the operation of the Agency Services that does not identify the Agency or any individual.
7.2 License to Hailo. The Agency grants Hailo a worldwide, non-exclusive license to host, copy, process, transmit, display, and create derivative works of Agency Data solely as needed to (a) provide, secure, support, and improve the Agency Services; (b) comply with law; and (c) as otherwise instructed by the Agency (for example, enabled integrations).
7.3 Agency responsibilities for data. The Agency represents and warrants that it has all rights, consents, authorizations, and legal bases required to collect Agency Data and submit it to the Agency Services, and to authorize the processing described in these Terms and the Privacy Policy — including consents or notices required for client health information, caregiver and applicant records, call recording, and communications. The Agency is solely responsible for the accuracy, quality, and legality of Agency Data.
7.4 End User requests. As described in the Privacy Policy, Hailo generally acts as the Agency's service provider/processor for Agency Data. We will refer End User privacy requests concerning Agency Data to the Agency and will provide reasonable assistance; the Agency is responsible for responding as required by law.
7.5 Caregiver and multi-relationship records. Some records (for example, a caregiver profile) may be associated with both the Agency's workspace and the individual's own Hailo account. Nothing in these Terms limits an individual's rights in their own account, or Hailo's obligations to that individual under its own terms with them.
8.1 Privacy Policy. Hailo processes personal information as described in the Privacy Policy. For personal information in Agency Data governed by U.S. state privacy laws, Hailo acts as the Agency's "service provider"/"processor," processes such information only to provide the Agency Services and as permitted by law, and does not sell it or use it for advertising.
8.2 BAA. If the Agency is a covered entity or business associate under HIPAA and will process PHI through the Agency Services, the Agency must have a Business Associate Agreement in place with Hailo before doing so. Hailo's standard BAA is available on request at info@hailocare.com and, once executed, is incorporated into these Terms and controls over these Terms with respect to PHI.
8.3 PHI feature boundaries. The Agency Services include engineered boundaries for health information (segregated health records, access logging, exclusion of health information from AI model context, as described in the Privacy Policy). The Agency must not circumvent these boundaries — for example, by entering health information into free-text fields, AI prompts, campaign scripts, knowledge-base documents, or SMS messages that are not designed for PHI.
The Agency Services are tools; using them lawfully is the Agency's responsibility. Without limiting Section 7.3, the Agency is solely responsible for:
9.1 Licensing and care operations. Maintaining all required licenses; the quality, supervision, and delivery of care; clinical decisions; and compliance with home-care, home-health, and related regulations.
9.2 Employment. All decisions and obligations relating to its workforce, including hiring, worker classification (W-2 employee vs. 1099 contractor), wages, overtime, breaks, expense reimbursement, benefits, workers' compensation, and terminations. Hailo is not an employer, joint employer, staffing agency, or professional employer organization, and does not direct or control the Agency's caregivers.
9.3 EVV and payer compliance. Compliance with EVV requirements of its state and payers. The Agency Services capture and flag EVV data (including GPS at clock events and manual-exception labeling), but Hailo does not guarantee that any visit record satisfies a particular program's requirements, and the Agency is responsible for reviewing exceptions, correcting records through proper channels, and its submissions to payers.
9.4 Background screening (FCRA). If the Agency procures background checks or consumer reports on caregivers or applicants (whether through an integrated provider or otherwise), the Agency is the end user of those reports and is solely responsible for FCRA and state-law compliance, including permissible purpose, standalone disclosures, authorizations, and pre-adverse/adverse action procedures.
9.5 Documents and e-signatures. The content and legal sufficiency of documents it sends for signature through the e-signature portal (Hailo provides signature capture, identity verification, and audit-trail tooling — not legal advice), delivering copies as required, and honoring signers' rights under the ESIGN Act and state law.
9.6 Calls, texts, and recording. Its use of phone, SMS, voicemail, and AI calling features, including: obtaining and honoring the level of consent required by the TCPA and state law for each call or text (including prior express written consent for marketing calls/texts using automated or AI/prerecorded voices); honoring do-not-call requests and the platform suppression list; call-recording consent laws (the platform plays a recording/AI disclosure by default and stops recording on objection — the Agency must not remove or undermine these behaviors); and CAN-SPAM and state law for emails it sends.
9.7 Marketing content. Claims made on its Hailo-hosted forms, pages, and campaigns (including licensure claims and advertised services), and compliance with employment-advertising and non-discrimination laws in recruiting content.
10.1 Nature of AI output. AI Features generate content using machine-learning models. Output may be inaccurate, incomplete, or inappropriate for a given situation despite our guardrails. AI output is provided for the Agency's operational convenience only and is not medical, legal, financial, or professional advice.
10.2 Human oversight. The Agency must maintain appropriate human review of AI Features — including reviewing AI call summaries and lead records for accuracy, reviewing and approving outbound campaigns before launch, and not relying on AI output as the sole basis for decisions with legal or similarly significant effects on individuals (including hiring, discipline, or termination of care).
10.3 AI disclosure. AI phone agents identify themselves as automated and disclose recording at the start of calls, and will confirm they are AI if asked. The Agency must not configure, script, or instruct AI Features to conceal their automated nature or to impersonate a human.
10.4 Agency content in AI Features. The Agency is responsible for the scripts, greetings, knowledge-base documents, and instructions it provides to AI Features, which must be accurate, lawful, and free of PHI and payment credentials.
10.5 Emergencies. AI phone agents are not capable of providing emergency services and are configured to direct callers to 911. The Agency must not hold out an AI-answered line as an emergency or clinical triage line.
10.6 Model providers. AI Features are powered by third-party model providers under contract with Hailo (see the Privacy Policy). We may change providers or models to maintain or improve the Agency Services.
11.1 Numbers. Phone numbers provisioned through the Agency Services are supplied through our telephony providers and are subject to number-fee charges (Section 5). Numbers not in good standing (for example, unfunded or associated with abuse) may be suspended or reclaimed. Upon termination, we will reasonably cooperate with lawful requests to port active numbers where feasible.
11.2 No emergency calling. Phone lines operated through the Agency Services (including AI-answered lines) are not a replacement for emergency services and do not support 911 dialing by the AI agent.
11.3 Carrier compliance. The Agency's calling and messaging must comply with carrier and industry rules (including 10DLC registration requirements where applicable) in addition to law. We may throttle, block, or suspend traffic that we reasonably believe violates law, carrier rules, or Section 13.
12.1 Stripe. Payment processing is provided by Stripe and subject to Stripe's applicable agreements (including, where the Agency onboards a connected account, the Stripe Connected Account Agreement and Stripe Services Agreement). The Agency authorizes Hailo to share information with Stripe as needed to provide payment services and agrees to keep its Stripe onboarding information accurate.
12.2 Client billing. Invoices the Agency issues to its clients through the Agency Services are the Agency's invoices. The Agency is responsible for its rates, invoice accuracy, refunds, credits, and disputes with its clients, and for compliance with consumer-billing laws. Hailo is not a party to agreements between the Agency and its clients.
12.3 Payroll tools. The Agency Services include payroll-preparation tools (timesheets, approvals, payroll runs, mileage reimbursement calculations, payout transfers). Hailo is not a payroll service provider, tax filer, or fiduciary; the Agency is responsible for reviewing and approving all amounts, for tax withholding, reporting, and filings, and for compliance with wage-and-hour law. Transfers to caregivers are executed through Stripe based on the Agency's approvals.
The Agency and its Authorized Users must not: (a) violate any law or third-party right in connection with the Agency Services; (b) upload malicious code or attempt to probe, breach, or circumvent security or access controls (including cross-agency isolation and PHI boundaries); (c) access another agency's data; (d) use the Agency Services to send spam or make unlawful calls or texts; (e) harass, defraud, or deceive End Users; (f) misrepresent the Agency's identity, licensure, or affiliation with Hailo; (g) resell, sublicense, or provide the Agency Services to third parties except as intended (for example, giving your own caregivers app access); (h) scrape or bulk-export data belonging to others; (i) reverse engineer the Agency Services except as permitted by law; or (j) use the Agency Services to develop a competing product. We may investigate violations and take action as described in Section 17.
The Agency Services interoperate with third-party services — some engaged by Hailo as subprocessors (see the Privacy Policy), and some enabled by the Agency (for example, CareSmartz360 integration, Calendly booking, background-screening providers). Third-party services the Agency enables are governed by the third party's terms; the Agency instructs us to exchange data with them as configured, and Hailo is not responsible for third-party services, their availability, or their handling of data. We may add, change, or discontinue integrations with reasonable notice where practicable.
15.1 Hailo IP. Hailo and its licensors own all right, title, and interest in the Agency Services, including software, models, designs, and documentation. The Agency receives only the limited, non-exclusive, non-transferable right to use the Agency Services during the term, for its internal business, in accordance with these Terms.
15.2 Agency marks. The Agency grants Hailo a limited license to display the Agency's name, logo, and content as necessary to operate Agency-branded features (for example, hosted application and interest forms, client portals, and phone greetings).
15.3 Feedback. If the Agency provides feedback or suggestions, Hailo may use them without restriction or obligation.
15.4 Publicity. Neither party will use the other's name or logo in press releases or marketing without consent, except that Hailo may identify the Agency as a customer in factual lists unless the Agency opts out by emailing info@hailocare.com.
Each party may receive non-public information of the other ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and contractors with a need to know who are bound by comparable obligations. These obligations do not apply to information that is public through no fault of the recipient, already known without restriction, independently developed, or rightfully received from a third party; and disclosure is permitted where required by law with reasonable notice where lawful. Agency Data is the Agency's Confidential Information; the Agency Services, pricing not publicly posted, and non-public product information are Hailo's.
17.1 Term. These Terms apply from the Agency's first acceptance or use and continue until the account is terminated.
17.2 Suspension. We may suspend or restrict the Agency's account or specific features, with notice where practicable, if: (a) fees are overdue; (b) we reasonably believe the Agency or an Authorized User has materially violated these Terms (including Sections 9 and 13); (c) the account presents a security, legal, or abuse risk (including carrier or telephony abuse); or (d) suspension is required by law. Suspension for nonpayment may cancel scheduled functionality that depends on paid modules and notify affected users; reactivation follows payment.
17.3 Termination. The Agency may stop using the Agency Services and cancel at any time (Section 4.3). Either party may terminate for the other's material breach that remains uncured 30 days after written notice; we may terminate immediately for violations of Sections 8.3, 9.6, or 13, for unlawful activity, or if required by law. We may also retire the Agency Services or materially reduce a plan with at least 60 days' notice, in which case we will refund any prepaid fees for the unused portion of the affected subscription.
17.4 Effect of termination; data export. Upon termination: access ends; unpaid fees become due; and Sections intended to survive (including 5.3, 6.3, 7, 8, 9, 15–21, and 23) survive. For 30 days after termination, we will make Agency Data available for export in a commonly used format on written request, after which we may delete or de-identify Agency Data — except records we must retain by law or under the BAA (for example, health-record audit logs, consent and signature evidence, and financial records), which we retain subject to the safeguards in the Privacy Policy.
18.1 Mutual. Each party warrants that it has the authority to enter into these Terms.
18.2 Service commitment. We will provide the Agency Services with commercially reasonable skill and care and will maintain administrative, technical, and physical safeguards as described in the Privacy Policy.
18.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE AGENCY SERVICES (INCLUDING AI FEATURES, EVV TOOLS, TELEPHONY, AND MARKETPLACE LEADS) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAILO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. HAILO DOES NOT WARRANT THAT USE OF THE AGENCY SERVICES WILL ENSURE THE AGENCY'S COMPLIANCE WITH ANY LAW, PAYER REQUIREMENT, OR EVV PROGRAM. NO ADVICE OR INFORMATION OBTAINED FROM HAILO OR THE AGENCY SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
19.1 By the Agency. The Agency will defend, indemnify, and hold harmless Hailo and its officers, directors, employees, and agents from and against any third-party claim, demand, or proceeding (including by End Users, workers, clients, payers, carriers, or regulators) and resulting damages, penalties, costs, and reasonable attorneys' fees, to the extent arising from: (a) Agency Data or the Agency's breach of Section 7.3; (b) the Agency's care operations, employment practices, or relationships with its clients and workers; (c) the Agency's calls, texts, recordings, campaigns, or marketing (including TCPA and recording-consent claims); (d) the Agency's use of background reports; or (e) the Agency's violation of law or these Terms.
19.2 By Hailo. Hailo will defend the Agency against any third-party claim that the Agency Services, as provided by Hailo and used as permitted, infringe a U.S. patent, copyright, or trademark, and will indemnify the Agency for resulting damages finally awarded or agreed in settlement. If such a claim arises, Hailo may modify the Agency Services, procure rights, or terminate the affected feature with a prorated refund. This Section states Hailo's entire liability for infringement.
19.3 Procedure. The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defense and settlement to the indemnifying party (no settlement imposing obligations on the indemnified party without its consent).
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY THE AGENCY TO HAILO FOR THE AGENCY SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $100 IF NO FEES WERE PAID). THESE LIMITS DO NOT APPLY TO: THE AGENCY'S PAYMENT OBLIGATIONS; A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 19; A PARTY'S BREACH OF SECTION 16; THE AGENCY'S BREACH OF SECTIONS 8.3, 9.6, OR 13; OR LIABILITY THAT CANNOT BE LIMITED BY LAW. THE PARTIES AGREE THESE ALLOCATIONS ARE A REASONABLE BASIS OF THE BARGAIN.
21.1 Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.
21.2 Informal resolution first. Before filing a claim, the complaining party will send a written description of the dispute to the other (for Hailo: info@hailocare.com, Attn: Legal), and the parties will attempt in good faith to resolve it within 30 days.
21.3 Arbitration. Any dispute arising out of or relating to these Terms or the Agency Services that is not resolved informally will be finally resolved by binding arbitration administered by JAMS under its applicable rules, by a single arbitrator, seated in Orange County, California (with remote proceedings available). Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property, or unauthorized access, without waiving arbitration for other claims.
21.4 Class waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS. If this waiver is found unenforceable as to a claim, that claim (and only that claim) must proceed in the state or federal courts located in Orange County, California, and the parties consent to their jurisdiction and venue.
21.5 Time limit. To the extent permitted by law, any claim must be filed within one year after it accrues.
We may update these Terms from time to time. For material changes, we will give at least 30 days' notice by email or in-app message before the change takes effect. Changes apply prospectively; continued use of the Agency Services after the effective date of a change constitutes acceptance. If the Agency does not agree to a change, its remedy is to cancel before the change takes effect.
23.1 Notices. Notices to Hailo must be sent to info@hailocare.com or the mailing address in Section 24 (Attn: Legal). Notices to the Agency may be given by email to the account owner's address, in-app message, or the Agency's address on file, and are deemed given when sent.
23.2 Assignment. The Agency may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets with notice to us. Hailo may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
23.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (including carrier, cloud, or model-provider outages, acts of God, labor disputes, and government action), except for payment obligations.
23.4 Independent contractors. The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship.
23.5 Severability; waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. A failure to enforce a provision is not a waiver.
23.6 Entire agreement. These Terms (with the documents referenced in Section 1.3) are the entire agreement regarding the Agency Services and supersede prior or contemporaneous agreements on that subject. Terms in an Agency purchase order or vendor form are rejected and have no effect.
23.7 Export and government use. The Agency will comply with applicable export laws and represents it is not on any restricted-party list.