Terms of Service

PasQAPI is a software platform that helps state-licensed personal assistance services (PAS) and home care agencies organize, document, and monitor their quality assurance and performance improvement (QAPI) and compliance activities, including quality indicators, incident and ANE documentation, emergency preparedness records, training logs, performance improvement projects, and survey-readiness reports.

PasQAPI is a documentation and organization tool. The Service does not provide legal advice, regulatory advice, or professional consulting, and is not a substitute for your agency’s own compliance judgment or qualified counsel. Regulatory citations, checklists, summaries, and AI-generated content in the Service are provided for convenience and may not reflect the most current law, rule, or agency guidance. You are solely responsible for your agency’s compliance with all applicable laws and regulations, including Texas Health and Human Services Commission (HHSC) requirements and 26 TAC Chapter 558. PasQAPI does not guarantee any licensing, survey, audit, or enforcement outcome.

3.1 You must provide accurate registration information and keep credentials secure. You are responsible for all activity under your agency’s accounts.

3.2 The Service supports role-based access (e.g., admin, coordinator, viewer). Your admins control who is added to your agency and what roles they hold. Adding a user represents that the user is authorized to access your agency’s data.

3.3 You will notify us promptly at support@pasqapi.com of any suspected unauthorized access.

4.1 Plans. The Service is offered in a free tier and paid subscription tiers with usage limits described at the time of purchase and on the billing page. We may modify plan features and limits prospectively; material reductions to a paid plan will take effect no earlier than your next renewal.

4.2 Billing. Paid plans bill monthly in advance through our payment processor (Stripe). You authorize recurring charges to your payment method until you cancel.

4.3 Cancellation. You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period; you retain paid features until then. Fees are non-refundable, except where required by law or expressly stated otherwise.

4.4 Nonpayment. If a charge fails and is not resolved, we may downgrade your agency to the free tier. Your data is not deleted upon downgrade; features and limits change.

4.5 Taxes. Fees exclude applicable taxes, which are your responsibility.

5.1 Ownership. As between the parties, you own all data your agency submits to the Service, including client, staff, incident, training, and compliance records ("Customer Data"). We claim no ownership of Customer Data.

5.2 License to operate the Service. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service, and as otherwise permitted by these Terms and our Privacy Policy.

5.3 No AI training. We do not use Customer Data to train generalized artificial intelligence models.

5.4 Your responsibilities. You are responsible for the accuracy and lawfulness of Customer Data, for obtaining any consents required to submit it, and for entering data consistent with the minimum information necessary for your documentation purposes.

5.5 Export and deletion. You may request an export of your Customer Data at any time while your account is active and for thirty (30) days after termination. After that window, we may delete Customer Data from production systems, with residual copies in backups deleted on our standard backup cycle.

6.1 If your agency is a covered entity or business associate under HIPAA, or handles comparable protected information under Texas law (including Texas Health & Safety Code Chapter 181), you may not submit protected health information ("PHI") to the Service unless a Business Associate Agreement ("BAA") between your agency and PasQAPI is in effect.

6.2 A BAA is available on request at support@pasqapi.com. If a BAA is executed, its terms control over these Terms with respect to PHI.

6.3 You agree not to submit PHI through channels the BAA and our documentation identify as non-eligible (for example, support emails or marketing forms).

7.1 The Service includes optional features that use artificial intelligence to draft or reformat text (for example, note polishing, drafting assistance, and rule-lookup answers).

7.2 Human review required. AI features produce drafts only. Nothing is saved to your compliance record without a user’s review and action. You are solely responsible for the accuracy, completeness, and appropriateness of any content you save, submit to a regulator, or rely upon.

7.3 AI output may be incorrect or incomplete. Regulatory answers may cite provisions that have changed. Verify before relying.

7.4 AI processing is performed by vetted subprocessors under contractual restrictions (see Privacy Policy). AI features may be unavailable, limited, or disabled for certain accounts or data categories, including where required by Section 6.

You will not: (a) use the Service to violate law or third-party rights; (b) attempt to access another agency’s data; (c) probe, scan, or test the vulnerability of the Service except with written permission; (d) reverse engineer, resell, or provide the Service to third parties outside your agency; (e) upload malicious code; (f) use the Service to develop a competing product; or (g) submit data you lack the right to submit.

9.1 We provide the Service on a commercially reasonable efforts basis. We do not promise uninterrupted or error-free operation, and scheduled or emergency maintenance may occur.

9.2 Support is provided by email at support@pasqapi.com during normal business hours (Central Time).

9.3 We may improve or modify the Service over time. We will not materially degrade core paid functionality during a paid term without notice.

10.1 These Terms apply while you use the Service.

10.2 We may suspend or terminate access for material breach (including nonpayment and acceptable-use violations), for security risk, or where required by law. Where practicable, we will notify you and provide an opportunity to cure.

10.3 You may terminate at any time by cancelling your subscription and ceasing use. Sections 2, 5.5, 6, 7.2–7.3, 8, and 11–15 survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING SECTION 2, WE DO NOT WARRANT THAT THE SERVICE, ITS CONTENT, OR ANY AI OUTPUT IS ACCURATE, CURRENT, OR SUFFICIENT FOR REGULATORY COMPLIANCE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR ONE HUNDRED DOLLARS IF YOU ARE ON THE FREE TIER). THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

You will defend and indemnify PasQAPI against third-party claims arising from Customer Data, your agency’s regulatory obligations or survey outcomes, or your breach of these Terms. We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, directly infringes a U.S. intellectual property right, except to the extent arising from Customer Data or combinations we did not supply.

These Terms are governed by the laws of the State of Texas, without regard to conflicts rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Dallas County, Texas, and each party waives trial by jury.

Entire agreement (together with the Privacy Policy and any executed BAA or order); no assignment by Customer without our consent (not to be unreasonably withheld; either party may assign to a successor in a merger or asset sale); notices to support@pasqapi.com or your account email; failure to enforce is not waiver; if a provision is unenforceable, the remainder stands; no third-party beneficiaries; the parties are independent contractors.

We may update these Terms. Material changes will be notified by email or in-product notice at least fifteen (15) days before taking effect; continued use after the effective date constitutes acceptance. The current version will always be posted at pasqapi.com/terms.