These Terms of Use govern your access to and use of WeCareE. By downloading, installing, or using the Service, you agree to be bound by these Terms. WeCareE is a professional clinical platform. Use is restricted to licensed healthcare professionals and authorized facility staff.

1. About WeCareE

WeCareE is an AI-powered mobile nursing documentation platform developed by Appex Innovation Solutions LLC ("Appex Innovation," "WeCareE," "we," "us," or "our"), a Delaware limited liability company with its principal place of business at 103 Carnegie Center Drive, Princeton, New Jersey 08540, United States.

WeCareE is designed exclusively for use by licensed healthcare professionals and authorized staff at skilled nursing facilities (SNFs), home care agencies, and other post-acute or long-term care settings in the United States. WeCareE enables nurses to document clinical tasks, generates real-time alerts for Directors of Nursing, and supports CMS regulatory compliance documentation.

WeCareE is a clinical tool, not a consumer health application. Access is granted only through a facility-level subscription agreement between the healthcare facility and Appex Innovation Solutions LLC.

2. Eligibility and Account Access

2.1 Professional Use Only

WeCareE is intended solely for use by:

• Licensed Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Certified Nursing Assistants (CNAs)

• Directors of Nursing (DONs), administrators, and clinical supervisors

• Authorized healthcare facility administrators

• Authorized family members granted limited access through the Family Portal

You must be at least 18 years of age to use WeCareE.

2.2 Facility-Sponsored Accounts

Individual nurse accounts are created and managed by your healthcare facility's administrator. Your access to WeCareE is contingent on your employment or contractual relationship with a facility that holds an active WeCareE subscription. If your employment or engagement ends, the facility administrator is responsible for deactivating your account.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials, all activities that occur under your account, logging out on shared or unattended devices, and notifying your facility administrator or WeCareE support immediately if you suspect unauthorized access. You must not share your credentials with any other person.

2.4 Facility Administrators

Facility administrators accept these Terms on behalf of all users at their facility and are responsible for ensuring all nurses and staff use WeCareE in accordance with these Terms and all applicable laws, including HIPAA.

3. Business Associate Agreement (BAA)

WeCareE operates as a Business Associate under HIPAA. Before any Protected Health Information (PHI) is processed through the Service, the healthcare facility (Covered Entity) must execute a signed Business Associate Agreement (BAA) with Appex Innovation Solutions LLC.

The Service may not be used to document, store, or transmit PHI unless a signed BAA is in effect between your facility and Appex Innovation Solutions LLC. Use of the Service without a signed BAA is a violation of these Terms and of HIPAA.

To request a BAA, contact us at legal@wecaree.ai with the subject line "BAA Request – [Facility Name]".

4. License to Use the Service

4.1 Grant of License

Subject to your compliance with these Terms and your facility's active subscription, Appex Innovation grants you a limited, non-exclusive, non-transferable, revocable license to access and use the WeCareE application solely for the purpose of documenting nursing care at your facility.

4.2 Restrictions

You may not:

• Copy, modify, distribute, sell, or sublicense any part of the Service

• Reverse engineer, decompile, or disassemble any part of the Service

• Use the Service for any purpose other than clinical nursing documentation as authorized by your facility

• Remove or alter any proprietary notices, labels, or marks in the Service

• Use the Service to develop a competing product or service

• Upload malicious code, viruses, or any software that could harm the Service or other users

• Attempt to gain unauthorized access to any part of the Service or its infrastructure

• Use automated tools to scrape, crawl, or extract data from the Service

4.3 Ownership

WeCareE and all content, features, software, algorithms, AI models, and clinical templates within the Service are and will remain the exclusive property of Appex Innovation Solutions LLC and its licensors. Nothing in these Terms transfers any intellectual property rights to you. Clinical documentation records created by nurses are owned by the healthcare facility that holds the subscription agreement.

5. Clinical Use: Important Limitations

5.1 Not a Substitute for Clinical Judgment

WeCareE is a documentation and workflow tool. It is not a medical device and does not provide clinical diagnoses, treatment recommendations, or medical advice. All clinical decisions remain the sole responsibility of the licensed healthcare professional providing care.

Automated alerts, AI insights, risk scores, and escalation notifications generated by WeCareE are designed to support, not replace, the clinical judgment of qualified nursing professionals and physicians.

5.2 AI and Predictive Features

WeCareE's AI features, including wound healing trend analysis, pressure ulcer risk scoring, fall prediction, and readmission risk alerts, are designed to assist clinical decision-making. These features are generated from accumulated clinical data and statistical models, are not diagnostic tools, may not be accurate for every individual patient, and should always be validated by a qualified clinician before action is taken.

5.3 Emergency Situations

In any life-threatening emergency, immediately follow your facility's established emergency protocols and contact emergency services (911) as appropriate. Do not rely solely on WeCareE alerts in a life-threatening situation.

5.4 Accuracy of Documentation

You are responsible for the accuracy, completeness, and clinical appropriateness of all documentation you enter into WeCareE. False, misleading, or fabricated clinical documentation is strictly prohibited and may violate federal and state healthcare laws including 18 U.S.C. § 1347 (healthcare fraud) and applicable state nursing practice acts.

5.5 CMS Compliance

WeCareE is designed to support documentation practices relevant to CMS F-tag compliance requirements (F684, F686, F689, F880, and others). However, WeCareE does not guarantee CMS survey outcomes. Compliance with CMS requirements remains the responsibility of the healthcare facility and its licensed staff.

6. Protected Health Information (PHI)

6.1 Handling of PHI

You agree to use WeCareE to document PHI only in connection with the care of patients at your facility and in accordance with HIPAA, your facility's policies, and these Terms. You must not access PHI of patients not under your assigned care, share PHI with unauthorized individuals, export PHI outside of the Service except through authorized WeCareE functions, or take screenshots of patient PHI and transmit them through unsecured channels.

6.2 Minimum Necessary Standard

In accordance with HIPAA's minimum necessary standard, you should access only the PHI that is necessary for the clinical task you are performing.

6.3 Device Security

Because WeCareE caches clinical data locally for offline use, you must use a device passcode or biometric lock, not leave your device unattended in patient care areas while WeCareE is open, and report a lost or stolen device to your facility administrator immediately.

6.4 Patient Photographs

Clinical photographs taken through WeCareE are PHI. You must take photographs only for legitimate clinical documentation purposes, not share clinical photographs through personal messaging apps, social media, or unsecured channels, and not use clinical photographs for any purpose other than patient care documentation.

7. Facility Subscription Terms

7.1 Subscription Plans

• Pilot: a free 45-day pilot on one clinical unit, live about two weeks after sign-up. No credit card required. No automatic conversion at the end of the pilot.

• Facility: $15 per licensed bed per month, billed annually, with a $750 monthly minimum per facility. All clinical modules included, with unlimited RN, LPN, CNA and agency users.

• Growth + AI (coming 2027): an add-on to the Facility plan at $5 per licensed bed per month, adding AI clinical insights and predictive analytics.

Pricing is subject to change with 30 days' written notice to facility administrators.

7.2 Payment

For paid subscriptions, invoices are issued annually in advance. Payment is due within 30 days of invoice date. Late payments may result in suspension of access.

7.3 Cancellation

Facility administrators may cancel a WeCareE subscription by providing 30 days' written notice to billing@wecaree.ai. Upon cancellation, active nurse accounts will be deactivated at the end of the notice period. Clinical data is retained for 90 days, after which it is permanently deleted.

7.4 Refunds

Appex Innovation does not offer refunds for annual subscription periods that have already commenced, except where required by applicable law.

8. Intellectual Property

8.1 WeCareE Intellectual Property

All intellectual property in the WeCareE Service, including software, AI models, clinical assessment templates, algorithms, user interface design, and documentation, is the exclusive property of Appex Innovation Solutions LLC. The WeCareE name, logo, and tagline "We care. Always." are trademarks of Appex Innovation Solutions LLC. Unauthorized use of WeCareE trademarks is prohibited.

8.2 Clinical Template Acknowledgements

WeCareE incorporates the following validated clinical assessment tools used under standard clinical practice: the Morse Fall Scale (fall risk assessment), the Braden Scale (pressure ulcer risk assessment), and the NPUAP Pressure Ulcer Staging System.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Appex Innovation Solutions LLC a royalty-free, worldwide, perpetual license to use, incorporate, and commercialize that feedback without any obligation to you.

9. Prohibited Conduct

In addition to the restrictions in Section 4.2, you agree not to use WeCareE to:

• Document care that was not actually provided (fraudulent documentation)

• Access patient records without clinical need or authorization

• Impersonate another nurse, clinician, or care team member

• Violate any federal, state, or local healthcare law or regulation

• Interfere with the Service's infrastructure, servers, or networks

• Introduce malware, ransomware, or any malicious code

• Circumvent any authentication, security, or access control measures

• Collect or harvest data about other users of the Service

• Use the Service in any jurisdiction where it is not lawfully permitted

10. Availability and Service Levels

WeCareE targets 99.5% uptime for its cloud services. Scheduled maintenance will be communicated to facility administrators in advance. WeCareE's offline-first design ensures nurses can continue documenting care when network connectivity is unavailable.

We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice to facility administrators. We are not liable for any modification, suspension, or discontinuation of the Service.

11. Disclaimer of Warranties

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, AND NON-INFRINGEMENT.

APPEX INNOVATION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE AT ALL TIMES; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT AI-GENERATED INSIGHTS, RISK SCORES, OR ALERTS WILL BE ACCURATE OR APPROPRIATE FOR EVERY PATIENT.

WeCareE is a clinical documentation support tool. It does not replace the clinical expertise, judgment, and professional obligations of licensed healthcare professionals.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPEX INNOVATION SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL; PERSONAL INJURY OR PROPERTY DAMAGE; OR DAMAGES ARISING FROM CLINICAL DECISIONS MADE BASED ON DOCUMENTATION IN OR ALERTS FROM WECAREE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPEX INNOVATION'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOUR FACILITY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Appex Innovation Solutions LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms; your violation of any applicable law or regulation, including HIPAA; your use of the Service in a manner not authorized by these Terms; any false, inaccurate, or fraudulent clinical documentation you enter into the Service; or any unauthorized disclosure of PHI by you or under your account.

14. HIPAA Compliance Obligations

By using WeCareE, you acknowledge your individual obligations under HIPAA as a workforce member of a Covered Entity, including:

• Using PHI only for authorized purposes

• Reporting any suspected breach or unauthorized disclosure of PHI to your facility's Privacy Officer immediately

• Completing HIPAA training as required by your facility

• Following your facility's HIPAA policies and procedures in conjunction with your use of WeCareE

WeCareE's technical controls support HIPAA compliance, but technical controls alone are not sufficient. Your conduct as a user is equally important.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith negotiation. If not resolved within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in Princeton, New Jersey, in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

Class Action Waiver: You agree to resolve disputes on an individual basis only. You may not bring or participate in class action or representative proceedings against WeCareE.

16. Termination

16.1 Termination by Facility

A healthcare facility may terminate its subscription at any time in accordance with Section 7.3.

16.2 Termination by WeCareE

We may suspend or terminate your access to the Service immediately without notice if you breach any provision of these Terms; violate HIPAA or any applicable healthcare law; engage in fraudulent clinical documentation; your facility's subscription is terminated or suspended for non-payment; or we are required to do so by law or court order.

16.3 Effect of Termination

Upon termination, your right to access and use the Service immediately ceases. Sections 4.3, 8, 11, 12, 13, and 15 survive termination of these Terms.

17. Updates to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date, notify facility administrators by email at least 14 days before material changes take effect, and post a notice within the WeCareE application. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

19. Entire Agreement

These Terms, together with the Privacy Policy, Business Associate Agreement, and any applicable subscription agreement, constitute the entire agreement between you and Appex Innovation Solutions LLC with respect to the Service, and supersede all prior agreements, communications, and understandings.

20. Contact Us

Legal Department, WeCareE

Appex Innovation Solutions LLC, 103 Carnegie Center Drive, Princeton, New Jersey 08540, United States

Legal: legal@wecaree.ai · Privacy: privacy@wecaree.ai · Support: support@wecaree.ai · Billing: billing@wecaree.ai · Phone: +1 609-917-3344

For BAA requests, email legal@wecaree.ai with the subject "BAA Request – [Facility Name]".