Terms of Service
These Terms of Service ("Terms") govern your use of NursingHomeMenu (the "Service"), operated by Digital Bill Music, Software & Design ("we", "us"). By creating an account or using the Service, you agree to these Terms on behalf of yourself and the facility or organization you represent ("Customer").
1. The Service
NursingHomeMenu is a web-based tool that uses artificial intelligence to draft weekly menus, recipes, shopping lists, and related documentation for skilled nursing, assisted living, and long-term care facilities.
2. Professional Review Required
All menus, recipes, nutrition estimates, texture modifications, and therapeutic diet variants produced by the Service are drafts generated by AI. They may contain errors or omissions. Customer is solely responsible for having every menu reviewed and approved by a qualified professional (such as a Registered Dietitian or Certified Dietary Manager) before it is served to any resident. The Service does not provide medical, nutritional, or regulatory advice, and use of the Service does not guarantee compliance with CMS regulations (including F803), state regulations, or survey outcomes.
3. Accounts
- You must provide accurate information and keep your login credentials confidential.
- You are responsible for all activity under your account.
- Each subscription covers one facility unless otherwise agreed in writing.
4. No Protected Health Information
The Service is designed to work with aggregated counts and diet types only. You agree not to enter resident names, dates of birth, medical record numbers, or any other individually identifiable health information into the Service. We do not enter into Business Associate Agreements.
5. Free Trial, Billing, and Cancellation
- New accounts may include a 14-day free trial. Unless cancelled before the trial ends, the subscription converts to a paid plan.
- Subscriptions are billed monthly in advance at the price shown at signup, through our payment processor, Stripe. Prices may change with at least 30 days' notice.
- You may cancel anytime from the Billing Portal. Access continues through the end of the current paid period. Fees already paid are non-refundable except where required by law.
- We may suspend accounts with failed or overdue payments.
6. Acceptable Use
You agree not to misuse the Service, including by attempting to access other customers' data, reverse engineering the Service, reselling access without permission, interfering with its operation, or using it for any unlawful purpose.
7. Your Content and Ownership
You retain rights to the facility information you provide. Menus and documents generated for your account may be used, printed, and distributed by you for your facility's operations. We may use de-identified, aggregated data (such as anonymized recipes and usage statistics) to operate and improve the Service. We own the Service, its software, and its branding.
8. Availability and Changes
We work to keep the Service available but do not guarantee uninterrupted access. We may modify or discontinue features, and we will give reasonable notice of material changes that reduce core functionality.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM MENUS SERVED WITHOUT PROFESSIONAL REVIEW. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT CUSTOMER PAID US IN THE 12 MONTHS BEFORE THE CLAIM.
11. Indemnification
Customer will defend and indemnify us against third-party claims arising from Customer's use of the Service, including claims related to food served to residents or information Customer entered in violation of these Terms.
12. Termination
We may suspend or terminate accounts that violate these Terms. Sections 2, 7, 9, 10, 11, and 13 survive termination.
13. Governing Law
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Virginia.
14. Contact
Questions about these Terms: Digitalbil@gmail.com