Terms & Conditions
Effective Date: April 5, 2026
Version 1.0
1. Acceptance of Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "you") and Torrware LLC ("Torrware," "we," "us") governing your access to and use of the Fantastic Care platform ("Platform"). By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy.
2. Description of Service
Fantastic Care is a software-as-a-service platform designed for Day Activity and Health Services (DAHS) facilities. The Platform provides tools for managing member records, clinical assessments, appointments, daily attendance, meal tracking, transportation routes, document generation, and reporting.
3. Accounts & Access
- Access to the Platform is invitation-only. You may only create an account after receiving an invitation from a facility administrator or Torrware.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You must notify us immediately at legal@torrware.com if you suspect unauthorized use of your account.
- Facility administrators are responsible for managing team access, including inviting and removing users from their facility.
4. Acceptable Use
You agree not to:
- Access the Platform or any data without authorization, or attempt to gain unauthorized access to other users' accounts or data.
- Share your login credentials with any other person.
- Scrape, harvest, or extract data from the Platform through automated means.
- Upload malicious software, viruses, or any content designed to disrupt the Platform.
- Use the Platform in violation of any applicable law or regulation, including HIPAA and the HITECH Act.
- Reproduce, distribute, or create derivative works based on the Platform without prior written consent from Torrware.
5. PHI Responsibilities
The Platform is designed to handle Protected Health Information (PHI) as defined by HIPAA. The following responsibilities apply:
- Your facility (the Covered Entity) is responsible for complying with the HIPAA Privacy Rule, including providing its own Notice of Privacy Practices to members/patients.
- Torrware (the Business Associate) processes PHI on behalf of the facility in accordance with the Business Associate Agreement (BAA) signed by the facility administrator.
- You must not enter PHI into areas of the Platform not designated for PHI (e.g., chat messages, support tickets, or any external communication channel).
- You must comply with your facility's HIPAA policies and procedures when using the Platform.
6. Intellectual Property
The Platform, including its design, code, features, documentation, and branding, is the property of Torrware LLC and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose during the term of your account.
Your facility retains full ownership of all data entered into the Platform, including member records, assessments, and other facility-specific content.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
- Torrware shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform.
- Torrware's total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by your facility to Torrware in the twelve (12) months preceding the claim.
- The Platform is provided "as is" and "as available." We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
8. Termination
- Either party may terminate the service relationship at any time with written notice.
- We may suspend or terminate your access immediately if you violate these Terms or engage in activity that threatens the security or integrity of the Platform.
- Upon termination, your facility may request a data export within 30 days. After 30 days, we may delete facility data in accordance with our data retention policies, subject to HIPAA requirements.
- Sections 5 (PHI Responsibilities), 6 (Intellectual Property), 7 (Limitation of Liability), and 9 (Governing Law) survive termination.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located in Texas.
10. Contact Us
If you have questions about these Terms, please contact us at:
Torrware LLC
Email: legal@torrware.com