Terms of service

Clear terms. Canadian law.

These are the terms on which Caremynd provides its case management software to residential care, human services, and independent living programs. They describe what the customer organization agrees to, what we agree to, and what happens if something goes wrong. Plain English. Enforceable. Governed by Manitoba law.

Last updated: April 19, 2026

1. Parties and acceptance

These Terms of Service (the “Terms”) form a binding agreement between the customer organization identified in an order form or online signup (the “Customer”) and Caremynd, a Canadian corporation headquartered in Winnipeg, Manitoba (“Caremynd,” “we,” “our,” or “us”). By provisioning a tenant, clicking “I agree”, or using the service, the Customer agrees to these Terms on behalf of the organization it represents.

If you are using Caremynd solely to browse the marketing website, these Terms still govern that use. If you are a resident, staff member, or caseworker whose access was provisioned by a Customer organization, your use is governed by the combination of these Terms and any policies the Customer organization has adopted.

1.1 Business-to-business service

Caremynd is sold to organizations that deliver residential care, human services, or independent living programs and that are legally authorized to hold the records it processes. These Terms are not a consumer contract. The Customer represents that it is acting in the course of a business, trade, or profession, that it has obtained any consents required under applicable privacy legislation before entering information into the service, and that the individual accepting these Terms has authority to bind the Customer organization.

2. The service

Caremynd provides a multi-tenant software-as-a-service platform for residential care and human services organizations. The service includes intake, care planning, incident reporting, billing, scheduling, messaging, resident portal access, document management, and related modules as set out in the order form. Specific modules may be feature-flagged on or off per tenant.

3. Accounts, authentication, and security

  • The Customer is responsible for the accuracy of information provided at signup and for maintaining up-to-date user rosters.
  • The Customer must require multi-factor authentication for any user with staff-level or higher access. MFA is enforced at the platform level for those roles.
  • The Customer is responsible for the confidentiality of user credentials and for notifying Caremynd promptly of any suspected compromise.
  • Caremynd may suspend an account if we reasonably believe a compromise has occurred, and will notify the Customer as soon as practicable.

4. Customer data and data processing

As between the Customer and Caremynd, the Customer retains ownership of all content, records, and personal information entered into the service (collectively, “Customer Data”). Caremynd processes Customer Data as a processor, acting on the Customer's instructions under a written Data Processing Agreement that forms part of these Terms.

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. A written Data Processing Agreement (DPA) describing processor roles, sub-processors, international transfer posture, security measures, audit rights, and breach-notification workflow is executed at contract and attached to the order form; the DPA is available for review before contracting on request to legal@caremynd.com.

5. Acceptable use

The Customer, its users, and any integrator acting on its behalf agree not to:

  • Use the service for any purpose that is unlawful under Canadian federal law or the law of the province in which the Customer operates.
  • Attempt to defeat access controls, row-level security, or audit logging.
  • Reverse engineer, decompile, or otherwise attempt to derive the source code of the service, except to the extent that applicable law expressly forbids restricting such activity.
  • Upload material that infringes the intellectual property rights of a third party.
  • Use the service to harass, threaten, or cause harm to any person, including residents.
  • Share login credentials or operate through generic shared accounts.
  • Probe, scan, or test the vulnerability of the service without prior written authorization from Caremynd.

5.1 Commercial electronic messages (CASL)

Any commercial electronic message sent through or by means of the service — including bulk outreach to family members, referral sources, or stakeholders — must comply with Canada's Anti-Spam Legislation, SC 2010 c 23. The Customer is responsible for obtaining and documenting express or implied consent, for including the sender identification and contact information required by s. 6(2) CASL and its regulations, and for honouring unsubscribe requests within ten business days. Caremynd's own transactional and account-servicing emails are excluded from the definition of commercial electronic message under s. 6(6)(b). Caremynd may suspend outbound messaging functionality if it becomes aware of systemic non-compliance.

6. Fees and payment

Fees are set out in the applicable order form. Unless otherwise specified, invoices are issued monthly in Canadian dollars, payable net thirty (30) days. Late payments accrue interest at the lesser of (a) one and one-half percent (1.5%) per month, equivalent to a rate of nineteen and fifty-six hundredths percent (19.56%) per annum calculated yearly not in advance, or (b) the maximum rate permitted by applicable law. This annual-equivalent disclosure is made to satisfy the Interest Act, RSC 1985 c I-15 s. 4. Canadian GST/HST and any applicable provincial sales tax are charged in addition to the quoted fee.

Fee changes on an active subscription require at least thirty (30) days' written notice from Caremynd and take effect at the start of the next billing cycle.

7. Term, renewal, and termination

Subscriptions run for the term stated in the order form and renew for successive twelve-month periods unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current term.

Either party may terminate for material breach on thirty (30) days' written notice if the breach is not cured within that period. The Customer may terminate for convenience on thirty (30) days' written notice; prepaid fees for the unused portion of the term are non-refundable unless the order form says otherwise.

Caremynd may suspend or terminate the service for non-payment after ten (10) business days' written notice, for material breach of the acceptable use clause immediately, or if continued service would expose Caremynd to legal liability.

8. Data export and deletion on termination

On termination, the Customer has thirty (30) days to request an export of Customer Data. Exports are provided in machine-readable formats (JSON for structured records, PDF or original format for uploaded documents, CSV for tabular reports). After that thirty-day window, Caremynd will delete Customer Data from active systems, subject to any retention obligation imposed by law (including the retention requirements of child and family services legislation and tax law). Append-only audit logs are retained for the full statutory period even after Customer Data is deleted.

9. Service levels

Caremynd targets 99.9% monthly uptime for authenticated surfaces, measured excluding scheduled maintenance and events caused by force majeure or by the Customer's own integrations. Where an order form specifies a formal service-level agreement, that SLA controls.

Scheduled maintenance is announced at least seventy-two (72) hours in advance where feasible, prefers weekday nights in Canadian time zones, and is logged on our published status page.

10. Security and incident notification

Caremynd maintains an information security program commensurate with the sensitivity of the data it processes. See our security posture. In the event of a confirmed breach of security safeguards involving Customer Data, Caremynd will notify the Customer without undue delay and in any event within twenty-four (24) hours of confirmation, and will cooperate with the Customer's notification obligations under PIPEDA and applicable provincial legislation.

11. Intellectual property

Caremynd and its licensors retain all right, title, and interest in the service, the platform, the software, the brand marks, and any improvements, feedback, or aggregated statistical data derived from operating the service (with personal identifiers removed). The Customer retains all right, title, and interest in Customer Data. Caremynd grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to use the service during the term.

12. Third-party integrations

The service offers optional integrations with third-party services (for example, Microsoft 365 Calendar, Google Calendar, Intuit QuickBooks Online). Use of a third-party integration is governed by the third party's own terms. Caremynd is not responsible for the availability, accuracy, or data-handling practices of third-party services. Disabling a third-party integration does not retroactively reverse data already transmitted to that service before disabling.

13. Warranties and disclaimers

Caremynd warrants that it will provide the service in a professional and workmanlike manner consistent with generally accepted industry standards, and that it has the right and authority to provide the service. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND CAREMYND DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAREMYND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of liability

EXCEPT FOR LIABILITIES THAT CANNOT BE LIMITED UNDER CANADIAN LAW (INCLUDING GROSS NEGLIGENCE, WILFUL MISCONDUCT, FRAUD, AND INDEMNIFICATION FOR INTELLECTUAL PROPERTY INFRINGEMENT), THE AGGREGATE LIABILITY OF EACH PARTY UNDER OR RELATED TO THESE TERMS IS LIMITED TO THE FEES PAID BY THE CUSTOMER TO CAREMYND IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY.

For the avoidance of doubt, and without limiting any other right that the civil law of Quebec preserves as non-excludable, nothing in this section limits or excludes liability for bodily or moral injury caused by a party's intentional or gross fault, consistent with article 1474 of the Civil Code of Québec. The disclaimers and limits in §§ 13 and 14 apply only to the extent permitted by the law governing the Customer's location.

15. Indemnification

By Caremynd. We will defend the Customer against any third-party claim alleging that the service, as provided by Caremynd and used in accordance with these Terms, infringes that third party's Canadian intellectual property rights, and will indemnify the Customer for amounts finally awarded by a court or agreed in settlement with our written consent.

By the Customer. The Customer will defend Caremynd against any third-party claim arising from Customer Data, the Customer's use of the service in violation of these Terms, or the Customer's breach of applicable law, and will indemnify Caremynd for amounts finally awarded or agreed in settlement with the Customer's written consent.

16. Force majeure

Neither party is liable for failure to perform obligations caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil disorder, government action, labour action, internet outage, or upstream service provider failure, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the effect.

17. Confidentiality

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential. Each party agrees to protect the other's confidential information using the same degree of care it uses for its own, and in any event no less than reasonable care, and not to disclose it except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.

18. Governing law and dispute resolution

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in Manitoba, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba for any dispute arising under or in connection with these Terms, subject to each party's right to seek injunctive relief in any court of competent jurisdiction.

19. Export and sanctions compliance

The Customer represents that it, its users, and its beneficial owners are not subject to Canadian sanctions under the Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act, or the United Nations Act, and that use of the service will comply with all applicable Canadian export-control laws.

20. Changes to these Terms

We may revise these Terms from time to time. Material changes will be announced to customer administrators at least thirty (30) days before taking effect. Continued use of the service after the effective date constitutes acceptance. If the Customer objects to a material change, the Customer may terminate before the effective date and receive a pro-rata refund of prepaid fees for the unused portion of the current term.

21. Notices

Notices to Caremynd must be sent to legal@caremynd.com and, for material legal notices, also by registered mail to our civic address (provided on written request). Notices to the Customer may be sent by email to the billing contact on file.

22. General

  • Assignment. Neither party may assign these Terms without the other's written consent, except in connection with a merger, acquisition, or sale of substantially all its assets.
  • No waiver. A failure or delay in enforcing a right is not a waiver of that right.
  • Severability. If any provision is held unenforceable, the remainder continues in effect and the unenforceable provision is modified to the minimum extent necessary.
  • Entire agreement. These Terms, the Privacy Policy, any Data Processing Agreement, and the applicable order form constitute the entire agreement between the parties regarding the service.
  • Language. The parties have expressly required that these Terms and all related documents be drawn up in English, and acknowledge the right under the Charter of the French Language, CQLR c C-11, to receive a French version on request, which Caremynd will provide at no additional cost. Les parties ont expressément exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais, et reconnaissent le droit, en vertu de la Charte de la langue française, RLRQ c C-11, d'en obtenir une version française sur demande, que Caremynd fournira sans frais supplémentaires.

23. Contact

Legal and contract questions: legal@caremynd.com. General: hello@caremynd.com. Support: support@caremynd.com.

This document is effective as of April 19, 2026. © 2026 Caremynd. All rights reserved.