Terms of Use

CareMAR is a subscription-based, cloud-hosted software platform providing electronic medication administration records (eMAR), resident management tools, compliance document generation, fax management, caregiver portal access, and related features. The Service is designed for licensed California residential care and intermediate care homes — typically the small, often 6-bed homes commonly referred to as board-and-care homes. That means Residential Care Facilities for the Elderly (RCFEs) and Adult Residential Facilities (ARFs), which operate under Title 22 of the California Code of Regulations and are licensed by the California Department of Social Services (CDSS); and Intermediate Care Facilities for the Developmentally Disabled (ICF/DD, ICF/DD-H and ICF/DD-N), which are licensed by the California Department of Public Health (CDPH).

You must be at least 18 years old and authorized to operate or manage a licensed California RCFE, ARF or ICF/DD home to use this Service. By registering, you represent that:

• You are at least 18 years of age
• You hold or are authorized to act on behalf of a valid licence for each home you manage — a CDSS licence for an RCFE or ARF, or a CDPH licence for an ICF/DD home
• All information you provide during registration is accurate and complete
• You have the authority to enter into these Terms on behalf of your facility

We reserve the right to verify licensing status and to suspend accounts that do not meet these eligibility requirements.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

Each facility you manage within CareMAR must correspond to a real, active facility licensed by CDSS (RCFE or ARF) or by CDPH (ICF/DD). You may not use CareMAR to manage facilities you are not legally authorized to operate.

You are solely responsible for the accuracy of all resident records, medication entries, physician orders, and other data you input into the platform. CareMAR is a record-keeping tool — it does not verify the clinical accuracy of information you enter.

Caregiver Portal. If you share your Caregiver Portal link and PIN with care staff, you are responsible for the security of that PIN and for revoking access when staff members leave your facility. You should change the PIN whenever there is a change in care staff.

New accounts are eligible for a 14-day free trial with full access to all platform features. A valid payment method (credit or debit card) is required at sign-up to start the trial. You will not be charged during the trial period, and you may cancel at any time before the trial ends to avoid being billed. At the end of the trial period, the payment method on file will be automatically charged for the plan you selected unless you have cancelled. We reserve the right to modify or discontinue the free trial offer at any time.

Free trial accounts are limited to one trial per facility. Creating multiple accounts to extend trial access is a violation of these Terms and may result in account termination.

Access to CareMAR beyond the free trial period is provided on a paid subscription basis. Current pricing is displayed at caremar.org/#pricing and is subject to change with at least 30 days' advance notice to existing subscribers.

Billing is handled by Stripe. By providing payment information, you authorize us to charge your payment method on a recurring monthly basis according to the plan you select. Subscriptions auto-renew unless cancelled before the renewal date.

Refunds are not issued for partial billing periods. If you cancel, you retain full access to the Service until the end of your current paid month.

Dedicated fax numbers are included with all paid plans. Additional usage-based charges (e.g., high-volume outbound fax) may apply and will be disclosed on the pricing page.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

• Enter false, fabricated, or fraudulent resident or medication records
• Use the Service to submit or transmit content that is unlawful, harmful, or violates the rights of any person
• Attempt to gain unauthorized access to any part of the Service or its underlying systems
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service in any manner that could damage, disable, or impair the Service or other users' access
• Share your administrator account credentials with unauthorized individuals
• Transmit spam, malware, or unsolicited communications through fax or email integrations
• Use the Caregiver Portal PIN to grant access to individuals who are not authorized caregivers at your facility

CareMAR is a record-keeping and administrative tool. It is not a medical device, clinical decision support system, or substitute for professional medical judgment. Nothing in the Service constitutes medical advice.

You remain solely responsible for all clinical decisions, medication administration, regulatory compliance, and the overall care and safety of your residents. Always consult qualified healthcare professionals and adhere to applicable CDSS regulations, Title 22 requirements, and your facility's physician orders.

You are responsible for ensuring that your use of CareMAR complies with the Health Insurance Portability and Accountability Act (HIPAA) and any other applicable healthcare privacy laws. You agree to enter into a Business Associate Agreement (BAA) with us before storing protected health information in the Service. You review and sign our standard BAA during signup, and can download your signed copy at any time from your account; to request a countersigned copy or a copy of the current terms, contact [email protected].

The Service — including its software, design, text, graphics, and other content, excluding your facility and resident data — is owned by CareMAR LLC and protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your facility's internal operations during the term of your subscription.

Your facility and resident data remains your property at all times. We claim no ownership over it.

You may export your facility data at any time using the built-in ZIP export tools. Upon account termination — whether initiated by you or by us — you should export your data before closure.

We retain your facility data for 14 days after termination to allow retrieval. During that window you can still sign in, view every record and export it, but not make changes. We email the administrator on file on the day of termination and again 7 days, 3 days and 1 day before deletion, each time with an export link and the scheduled deletion date. After the 14-day window your facility record and all associated resident data are permanently deleted. Resident records are protected health information, and we do not retain PHI for facilities that are no longer customers longer than is needed to hand it back. The first export link is sent the moment termination takes effect — you are not required to notice the deadline on your own.

Your record-retention obligations are your own. California Title 22 requires licensed facilities to retain certain resident records (generally for at least three years post-discharge). CareMAR's 14-day post-termination window is not a records-retention service and does not satisfy that obligation. You are responsible for exporting and independently retaining any records you are required by law to keep.

We reserve the right to suspend or terminate your account if you violate these Terms, fail to maintain a valid payment method after the trial period, or if we determine your use poses a risk to other users or the integrity of the platform. We will provide reasonable notice where possible.

To the maximum extent permitted by applicable law, CareMAR LLC and its members, managers, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of data, revenue, profits, goodwill, business interruption, regulatory citations or fines, or resident harm — arising out of or related to the Service, even if we have been advised of the possibility of those damages.

Aggregate cap. Our total cumulative liability for all claims arising out of or related to these Terms or the Service, taken together and regardless of how many claims are brought, shall not exceed the total amount you actually paid CareMAR LLC for the Service in the 12 months immediately preceding the event giving rise to the earliest such claim. This cap applies across every theory of liability — contract, tort (including negligence), strict liability, statute, or otherwise — and applies even if a remedy is found to have failed of its essential purpose.

Third parties and your data. We are not liable for the acts, omissions, outages, or security failures of third-party services the platform relies on or that you connect to it, nor for the accuracy, completeness, or clinical correctness of any information you or your staff enter into the Service.

Time limit on claims. Any claim arising out of or related to these Terms or the Service must be brought within one year after the claim arose, or it is permanently barred, except where applicable law does not permit that limitation.

What this section does not limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for fraud, willful injury to the person or property of another, or violation of law, which California Civil Code § 1668 does not permit a contract to exempt. If a court holds any part of this section unenforceable, the remainder continues to apply to the fullest extent permitted.

Basis of the bargain. The subscription prices reflect this allocation of risk. The limitations in this section are an essential basis of the agreement between us, and we would not provide the Service on these prices without them.

You agree to defend, indemnify, and hold harmless CareMAR LLC and its members, managers, officers, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights or applicable law, including any CDSS or CCL regulatory actions arising from your facility's operations. Your obligations under this Section are not subject to the limitations in Section 11.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of security vulnerabilities.

CareMAR LLC does not guarantee that use of the platform will ensure regulatory compliance with CDSS, CCLD, Title 22, or any other applicable law. Compliance is the sole responsibility of the licensed facility operator.

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration in California under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

No class actions. Disputes will be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this paragraph is held unenforceable as to a particular claim, that claim proceeds in court rather than in arbitration, and the remainder of this section still applies.

We may update these Terms from time to time. We will notify you of material changes by email or through an in-platform notice at least 14 days before changes take effect. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. The "Last Updated" date at the top of this page reflects the most recent revision.

If you have questions about these Terms, please contact us:

CareMAR LLC
A California limited liability company
Email: [email protected]
Website: caremar.org