Terms of Service

Effective Date: April 7, 2026 · Last Updated: April 7, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and tecbu (“we,” “us,” or “our”), governing your access to and use of the tecbu.com website and the tecbu shift-coverage platform (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

1. Acceptance of Terms

By creating an account, booking a demo, submitting information through our website, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

tecbu provides an automated, SMS-based shift-coverage platform designed for home care agencies. When a caregiver reports an absence or a shift becomes available, the Service sends text message notifications to qualified caregivers and processes their responses to facilitate shift coverage. The Service is a workforce logistics tool and does not provide medical care, staffing, or employment services.

3. Eligibility

The Service is intended for use by home care agencies and their authorized representatives. You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Account Responsibilities

If you create an account or are granted access to the Service, you are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Ensuring that caregiver information you provide (names, phone numbers, zones, availability) is accurate and up to date.
• Obtaining and maintaining all necessary consents from caregivers before providing their personal information to us, including consent to receive SMS messages related to shift coverage.
• Notifying us promptly of any unauthorized use of your account or any other security breach.

5. SMS Communications & TCPA Compliance

The Service relies on SMS text messaging to deliver shift notifications and process caregiver responses. By using the Service, you acknowledge and agree to the following:

• Consent Obligation: You (the agency) represent and warrant that you have obtained prior express consent from each caregiver whose phone number you provide to us, authorizing us to send shift-related SMS messages on your behalf, in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all applicable federal, state, and local regulations.
• Opt-Out: Any caregiver may opt out of receiving SMS messages at any time by replying STOP to any message. You agree not to re-enroll any caregiver who has opted out without obtaining their renewed consent.
• Message & Data Rates: Standard message and data rates may apply to SMS communications. Neither tecbu nor the agency is responsible for charges imposed by a caregiver's wireless carrier.
• No Guarantee of Delivery: We do not guarantee the delivery, timing, or receipt of any SMS message. SMS delivery depends on carrier networks and other factors outside our control.
• Indemnification for SMS Claims: You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from SMS messages sent through the Service on your behalf, including but not limited to claims under the TCPA, if you failed to obtain proper consent.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable federal, state, local, or international law or regulation.
• Send unsolicited, unauthorized, or deceptive messages, including spam or messages unrelated to shift coverage.
• Provide false, misleading, or inaccurate information about your agency, caregivers, or shift details.
• Interfere with or disrupt the integrity or performance of the Service or its underlying systems.
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks.
• Use the Service to transmit any protected health information (PHI) as defined by HIPAA, patient records, or other sensitive health data not intended for the platform.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.

7. Healthcare Disclaimer

tecbu is a workforce scheduling and shift-coverage tool. The Service is not designed to collect, store, or process protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). You agree not to transmit PHI or patient health records through the Service. If your use case requires HIPAA compliance or a Business Associate Agreement (BAA), please contact us before using the Service.

8. Intellectual Property

The Service, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by tecbu or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

9. User Content & Data

You retain ownership of the data you provide to the Service (caregiver lists, shift information, agency details). By providing data to us, you grant tecbu a limited, non-exclusive license to use, process, and store that data solely for the purpose of operating and improving the Service. We will handle your data in accordance with our Privacy Policy.

10. Third-Party Services

The Service may integrate with or rely on third-party services (e.g., SMS delivery providers, cloud hosting platforms). We are not responsible for the availability, accuracy, or performance of any third-party services. Your use of third-party services may be subject to their own terms and conditions and privacy policies.

11. Fees & Payment

Certain features of the Service may require payment. If applicable, fees, billing terms, and payment schedules will be communicated to you before you incur any charges. You agree to pay all fees associated with your use of the Service in accordance with the pricing and payment terms presented to you. We reserve the right to modify our pricing with reasonable advance notice.

12. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that any shift will be filled, that any specific caregiver will respond, or that SMS messages will be delivered within any particular timeframe. You acknowledge that the use of the Service is at your sole risk.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall tecbu, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to tecbu in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

14. Indemnification

You agree to indemnify, defend, and hold harmless tecbu and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your failure to obtain necessary consents from caregivers, including consent for SMS communications; or (e) any data or information you submit to the Service.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may stop using the Service at any time. Upon termination: (a) your right to access and use the Service will immediately cease; (b) we may delete your account data after a reasonable retention period, subject to applicable law; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

16. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the federal and state courts located in Bexar County, Texas, for the resolution of any disputes arising out of or related to these Terms or the Service.

17. Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at the email address listed in Section 21 below. We will attempt to resolve the dispute within thirty (30) days. If the dispute is not resolved informally, either party may pursue the remedies available under applicable law, subject to the jurisdiction provisions in Section 16.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this page and, where practicable, provide notice through the Service or via email. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and tecbu regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

21. Contact Us

If you have questions or concerns about these Terms of Service, please contact us at:

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