Terms of Use

1. Acceptance of Terms

By accessing or using the dWellKC platform ("Service"), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use the Service. These terms apply to all users — organization administrators, staff, case managers, property managers, and clients.

2. Eligible Users

You must be at least 18 years of age to create an account. By creating an account, you represent that all information you provide is accurate and that you have the authority to bind your organization to these terms if registering on its behalf.

3. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access at security@dwellkc.com
• Ensuring your staff comply with these terms when using the Service

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Access or attempt to access data belonging to another organization without authorization
• Upload malicious code, viruses, or disruptive content
• Attempt to reverse-engineer, scrape, or circumvent security measures
• Share login credentials with unauthorized parties
• Use the platform to harass, discriminate against, or harm any individual

5. Client Data & HIPAA

Organizations that enter Protected Health Information (PHI) into dWellKC are responsible for ensuring they have the appropriate consents and legal authority to collect and store that information. dWellKC will execute a Business Associate Agreement (BAA) with covered entities upon request. Contact legal@dwellkc.com to request a BAA.

6. Intellectual Property

The dWellKC platform, including its design, code, and content, is owned by dWellKC and protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You retain ownership of all data you upload.

7. Fees & Billing

Paid plans are billed monthly or annually as selected at signup. Failure to pay may result in suspension of access. All fees are non-refundable except as required by law or as otherwise agreed in writing. We reserve the right to update pricing with 30 days' notice to active subscribers.

8. Termination

We may suspend or terminate your access at any time for violation of these terms or for any other reason with reasonable notice. You may cancel your account at any time from your organization settings. Upon termination, your data will be retained for 90 days in encrypted backup before permanent deletion.

9. Disclaimer of Warranties

The Service is provided "as is" without warranty of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of security vulnerabilities. Your use of the Service is at your own risk.

10. Limitation of Liability

To the fullest extent permitted by law, dWellKC shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service, even if advised of the possibility of such damages. Our total liability to you shall not exceed the fees you paid in the 12 months preceding the claim.

11. Governing Law

These Terms shall be governed by the laws of the State of Missouri, without regard to its conflict-of-law provisions. Any disputes shall be resolved in the courts of Jackson County, Missouri.

12. Changes to These Terms

We may update these Terms at any time. We will notify active organizations by email at least 14 days before changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. Questions? Email legal@dwellkc.com.