These Terms of Use ("Terms") govern your access to and use of the websites, applications, software, and related services made available by SwipeSense, Inc. ("SwipeSense," "Company," "we," "our," or "us"), including services offered through SwipeSense.com and related domains. For clarity, references to legacy Clean Hands - Safe Hands branding, including CleanHands-SafeHands.com, CHSH.io, or similar legacy names, refer to the same Company and service family now operated under the SwipeSense brand.
By accessing or using the Site or Services, you agree to these Terms. If you use the Services on behalf of, or through access provided by, an employer, hospital, health system, or other organization, your access may also be governed by your organization's separate agreement with SwipeSense. If you are authorized to accept these Terms on behalf of an organization, you represent that you have that authority.
If you have questions about these Terms, please contact us at support@swipesense.com or write to:
SwipeSense
Attn: Terms of Use
1355 Peachtree Street NE, Suite 700
Atlanta, GA 30309
1. Scope of Services
The "Site" includes our public websites and account portals. The "Services" include the Site, our software platform, mobile applications, dashboards, integrations, and related support and content. The Services are operated from the United States and offered to business customers in the United States and Canada. The Services are supplied primarily through customer organizations, including hospitals and health systems, for use by their workforce and authorized personnel. Certain features may be subject to additional order forms, subscription agreements, business associate agreements, data processing terms, or other written agreements, and those agreements will control if there is a conflict with these Terms.
2. Eligibility and Account Responsibility
You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. If your account is provided through a customer organization, that organization may control account provisioning, permissions, suspension, and deactivation. You are responsible for maintaining accurate account information where applicable, safeguarding your login credentials, and using the Services only as authorized. You must promptly notify us at support@swipesense.com or your organization if you suspect unauthorized access, credential compromise, or another security incident affecting your account.
3. Acceptable Use
You may use the Services only for lawful purposes and in accordance with these Terms and any applicable customer agreement. You may not: copy, resell, rent, sublicense, or exploit the Services except as expressly permitted; reverse engineer or attempt to derive source code except where prohibited by law; interfere with the security, integrity, or performance of the Services; bypass access controls; use the Services to transmit unlawful, infringing, defamatory, or harmful material; or use automated means to scrape or access the Services in a manner that imposes unreasonable load or circumvents our controls.
4. Customer Data, Privacy, and Communications
Our collection and use of personal and business information are described in our Privacy Policy. If you use the Services through your employer or another organization, that organization may control your access, account permissions, and certain information associated with your use of the Services. To the extent permitted by applicable law and consistent with our role in providing Services to customer organizations, requests relating to organization-managed accounts or data should generally be directed to your organization first. You agree that we may send you service-related notices, security alerts, operational messages, and legal notices electronically, including by email or through the Services.
5. Intellectual Property
The Services are licensed, not sold. As between you and SwipeSense, we and our licensors retain all right, title, and interest in and to the Services, including all software, content, trademarks, service marks, designs, reports, and related intellectual property. Except for the limited rights expressly granted in these Terms or a separate written agreement, no rights are granted to you by implication, estoppel, or otherwise.
6. Feedback
If you provide suggestions, ideas, enhancement requests, or other feedback regarding the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use that feedback without restriction or obligation to you, provided we will not publicly identify you as the source without your consent.
7. Third-Party Services and Links
The Services may contain links to, or integrate with, third-party websites, products, identity providers, hosting providers, data processors, or other services that we do not control. We are not responsible for third-party services, their content, or their privacy or security practices. Your use of third-party services is governed by their terms and policies.
8. Availability, Changes, and Suspension
We may update, enhance, modify, suspend, or discontinue any part of the Services from time to time. We will use commercially reasonable efforts to provide notice of material changes when appropriate, but we do not guarantee that any feature or functionality will remain available indefinitely. We may suspend or restrict access to the Services if reasonably necessary to protect the Services, comply with law, respond to a security incident, or prevent misuse.
9. Compliance and Healthcare Use
You are responsible for using the Services in compliance with all applicable laws, regulations, and internal policies, including privacy, security, employment, and healthcare requirements applicable to your organization. Unless expressly stated in a separate written agreement, the Services are intended to support workforce operational, compliance, and workflow activities, are not intended for patient medical records or protected health information, do not collect biometric identifiers or biometric information, and are not a substitute for professional medical judgment, emergency services, or life-safety systems.
10. Disclaimers
To the maximum extent permitted by law, the Site and Services are provided "as is" and "as available." SwipeSense disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or suitable for every use case, or that all information made available through the Services will always be complete, current, or accurate.
11. Limitation of Liability
To the maximum extent permitted by law, SwipeSense and its affiliates, licensors, service providers, and representatives will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business interruption, arising out of or relating to the Site, the Services, or these Terms, even if advised of the possibility of such damages. If you or your organization are party to a separate written agreement with SwipeSense governing the applicable Services, any liability limitations in that agreement will control. Otherwise, if we are found liable to you for any claim arising out of or relating to these Terms or the Services, our aggregate liability will not exceed $100.
12. Indemnification
If you are using the Services through a customer organization, any indemnification obligations relating to the Services will generally be governed by the applicable written agreement with that organization. If no separate written agreement applies, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless SwipeSense, its affiliates, and their respective officers, directors, employees, and agents from and against third-party claims arising out of your unlawful misuse of the Services or your violation of these Terms.
13. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Site or Services if you violate these Terms, if required by law, if your organization's access rights end, or if continued access creates a security, legal, or operational risk. Sections that by their nature should survive termination, including sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and general provisions, will survive termination.
14. Governing Law and Venue
The Services are operated from the United States and offered to business customers in the United States and Canada. To the extent permitted by law, and unless a separate written agreement states otherwise, these Terms are governed by the applicable federal laws of the United States and, to the extent not preempted, the laws of the State of Georgia, without regard to conflict of laws principles. Unless a separate written agreement states otherwise, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Georgia for disputes arising out of or relating to these Terms or the Services.
15. General Terms
We may update these Terms from time to time by posting a revised version on this page and, where appropriate, providing notice through the Services or by email. Continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent, except as part of a permitted transfer of your organization or its assets. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.