Terms of Service

Welcome to InstaNotified. By accessing or using our platform, including the web dashboard and mobile applications, you agree to be bound by these Terms of Service. Please read them carefully before using our services.

1. Acceptance of Terms

This is an agreement relating to your use of InstaNotified's website (InstaNotified.com), web dashboard, and mobile applications (collectively, "the Platform") between you and CareMinder Inc. ("InstaNotified", "we", "us", or "our"). By using our Platform and services, you consent to all terms and conditions outlined below.

2. Description of Services

InstaNotified is a workforce operations platform that provides:

• Web Dashboard: For company administrators to manage employees, schedules, sites, and communications
• Employee Mobile App: For personnel to view schedules, clock in/out, report incidents, complete inspections, and communicate with dispatch
• Communication Services: SMS, MMS, Voice, Email, and Push Notification messaging capabilities
• Time & Attendance: Clock-in/out, timesheets, and payroll integration features
• Inspection Management: NFC/QR checkpoint scanning, route tracking, and verification
• AI Features: Automated scheduling, voice transcription, and intelligent dispatch assistance

3. Subscription Plans & Billing

Per-Employee Pricing

InstaNotified offers three plan tiers that scale with your team:

• Core Plan: $6 per employee per month ($5 with annual commitment) — everything except scheduling and payroll
• Startup Plan: $8 per employee per month ($7 with annual commitment) — every Complete feature, available only to new accounts that start with a small team (the current limit is on our pricing page) and not to existing customers; if your team grows past that limit we may move your account to the Complete Plan, and the Complete rate then applies from your next invoice
• Complete Plan: $11 per employee per month ($10 with annual commitment) — everything including AI scheduling and payroll
• Annual Commitment: $1 off per employee per month on every plan; billed monthly with a 12-month commitment
• Minimum Monthly Charge: $59/month for Core and Startup, $109/month for Complete
• Negotiated Pricing: If we agree a different rate or minimum for your account, it replaces the list price of the plan it was agreed for until we change or remove it. It takes effect from your next invoice and ends if your subscription is cancelled
• No Limits: Unlimited employees, branches, and sites on every plan

Your monthly charge is calculated as: max(employee count × per-employee rate, minimum monthly charge). For example, on the Complete plan with 50 employees at $11/employee, your monthly charge would be $550. With 8 employees, you would pay the $109 minimum. On the Core plan with 50 employees at $6/employee, your charge would be $300.

Included Usage (Pooled)

Each employee on your account includes a monthly allowance of messaging and AI credits. These allowances are pooled across your entire team—meaning some employees may use more and others less, and it balances out across your organization:

• SMS Messages: ~100 segments per employee per month
• Voice Minutes: ~30 minutes per employee per month
• AI Voice Minutes: ~5 minutes per employee per month
• AI Requests: ~50 requests per employee per month
• Push Notifications: Unlimited push notifications included
• Payroll & Invoicing: Full payroll management included with the Complete plan

For example, with 100 employees, your pooled allowance would be approximately 10,000 SMS segments, 3,000 voice minutes, 500 AI voice minutes, and 5,000 AI requests per month.

Usage Alerts

We proactively notify you before any overage charges apply:

• 75% Usage Alert: You'll receive a notification when you reach 75% of any usage category
• 90% Usage Alert: You'll receive an urgent notification when you reach 90% of any usage category
• Real-Time Dashboard: Monitor your usage at any time from your billing dashboard

Overage Rates

If you exceed your pooled usage allowance, friendly overage rates apply:

• SMS: $0.02 per message segment (160 characters per segment)
• Voice: $0.03 per minute
• AI Voice: $0.20 per minute
• AI Requests: $0.02 per request

Overage charges are calculated and billed at the end of each billing period. You will never be charged for overages without receiving advance notice via our usage alerts.

Billing Cycle

All subscriptions are billed monthly based on your current active employee count. Your bill automatically adjusts as employee activity changes. Annual commitment plans receive a $1 per employee discount and are billed monthly with a 12-month lock-in period. During the commitment period, you may upgrade or downgrade between the Core and Complete plans (a Startup account may move up to Complete) but cannot switch to monthly billing until the commitment expires. If you cancel during the commitment period, monthly billing continues at the discounted rate until the commitment end date, at which point the subscription is cancelled automatically. You may resume (undo cancellation) at any time before the commitment ends.

Legacy Plans

We also offer usage-based tiered plans (Starter, Professional, Business, Enterprise) for customers who prefer flat-rate pricing with fixed capacity limits. Contact us if you'd like to discuss alternative pricing options.

4. SMS/MMS Terms of Service

• Message and Data Rates: Standard message and data rates may apply to users sending or receiving SMS/MMS messages. Check with your carrier for details.
• Opt-Out (STOP): Recipients can cancel SMS/MMS services at any time by texting "STOP" to the number from which they received the message. They will receive a confirmation message. Text "START" to re-subscribe.
• Help (HELP): Text "HELP" to receive instructions on how to use our service and how to unsubscribe.
• Carrier Coverage: SMS coverage is provided through Twilio's network of wireless carriers. Most major US carriers are supported.

Content & Compliance

You represent and warrant that all content sent through our Platform:

1. Complies with TCPA, CTIA, and all applicable carrier regulations
2. Is sent only to recipients who have provided proper consent
3. Is not libelous, defamatory, sexually explicit, unlawful, obscene, false, misleading, or objectionable
4. Does not relate to illegal activities, hate speech, adult content, firearms sales, or controlled substances

5. Push Notification Terms

Our Platform uses push notifications to deliver time-sensitive information:

• Types of Notifications: Shift reminders, schedule changes, incident alerts, inspection assignments, and urgent communications from dispatch
• Opt-Out: Users can disable push notifications at any time through their device settings or within the app
• Delivery: Push notifications are delivered via Apple Push Notification Service (APNs) and Firebase Cloud Messaging (FCM)
• No Guarantee: While we strive for reliable delivery, push notification delivery depends on device settings, network conditions, and third-party services

6. Voice Services Terms

• Voice Rates: Standard voice rates may apply to users receiving voice calls.
• AI Voice Features: Voice messages may be delivered using AI-generated speech. Voice calls may be transcribed for incident reporting purposes.
• Recording Disclosure: If calls are recorded or transcribed, appropriate disclosure must be provided to all parties as required by law.

7. Employee Mobile App Terms

By using the InstaNotified Employee App, employees agree to:

• Location Services: The app requests location permissions for real-time tracking, clock-in verification, and inspection monitoring. Your employer may monitor your location in real-time during active shifts. Location tracking is a condition of using the app for work purposes.
• Accurate Information: Provide accurate clock-in/out times and incident reports.
• Device Security: Keep your device secure and not share login credentials.
• Professional Use: Use the app only for legitimate work-related purposes.
• Push Notifications: Enable push notifications to receive important shift and safety alerts.

8. Location Services

Our Platform includes location tracking features for employee monitoring and workforce management:

• Real-Time Tracking: With employee consent, employers can monitor employee locations in real-time during active shifts for safety and operational purposes
• Geofencing: Location is used to verify clock-in/out at assigned sites
• Inspection Tracking: Inspection routes are tracked to verify checkpoint completion and employee safety
• Historical Data: Location history may be reviewed by employers for shift verification and incident investigation
• Consent Required: Location tracking requires employee consent via app permissions. Employees are informed when location is being collected.
• No Third-Party Sales: Location data is not sold to third parties
• Employee Access: Employees can view their own location history in the app

9. Inspection & Checkpoint Scanning

Our Platform includes NFC and QR code checkpoint scanning for inspection verification:

• NFC Scanning: Employees may scan NFC tags at inspection checkpoints using their device's NFC reader
• QR Code Scanning: Employees may scan QR codes at inspection checkpoints using their device's camera
• Data Collection: Checkpoint scans record the checkpoint ID, timestamp, and optionally location and notes
• Verification: Checkpoint data is used to verify inspection completion and generate reports
• Device Permissions: The app requires camera permission for QR scanning and NFC permission for NFC scanning

10. Time & Attendance / Payroll Data

Our Platform includes time tracking and payroll-related features:

• Time Clock: Clock-in/out functionality with optional location and photo verification
• Timesheets: Automatic timesheet generation from clock records
• Data Accuracy: Employees are responsible for the accuracy of their time entries. Employers are responsible for reviewing and approving timesheets.
• Payroll Integration: Time data may be exported or integrated with third-party payroll systems. InstaNotified is not responsible for errors in third-party payroll processing.
• Retention: Time and attendance records are retained according to applicable labor law requirements (typically 3-7 years)

11. Artificial Intelligence Services

InstaNotified utilizes AI technologies for features including automated scheduling, voice transcription, and dispatch assistance.

• Accuracy Disclaimer: AI-generated content may contain errors or inaccuracies. You are responsible for verifying AI outputs before making critical decisions.
• Human Oversight: AI features are designed to assist, not replace, human judgment. Final decisions remain your responsibility.
• Data Usage: Your data processed by AI is not used to train public models. We use OpenAI's API which does not train on customer data.
• Liability: InstaNotified disclaims liability for actions taken based solely on AI-generated recommendations.

12. Account Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.
• Accurate Information: You must provide accurate and complete information when creating an account.
• Compliance: You agree to comply with all applicable laws when using our services.
• Prohibited Activities: You may not use the Platform for unlawful purposes, to harass others, or to distribute malware.

13. Acceptable Use Policy

You agree not to:

• Use the Platform to violate any applicable law or regulation
• Attempt to gain unauthorized access to other accounts or systems
• Interfere with or disrupt the Platform or servers
• Upload malicious code, viruses, or harmful content
• Scrape, harvest, or collect data from the Platform without authorization
• Impersonate another person or entity
• Use the Platform to send spam or unsolicited communications
• Circumvent or disable any security features

14. Opt-In Requirements

Clients guarantee that all contacts in their accounts have provided proper opt-in consent for communications. InstaNotified reserves the right to request documentation of consent collection methods and to suspend accounts that cannot demonstrate compliance.

15. Pricing & Cancellation

Regarding pricing and cancellation:

• InstaNotified reserves the right to modify pricing with 30 days advance notice
• Annual commitment subscriptions: if cancelled early, billing continues monthly until the commitment end date. No refunds for months already billed
• Monthly subscriptions can be cancelled at any time, effective at the end of the billing period
• To cancel your account, email support@instanotified.com or use the cancellation option in your dashboard
• Upon cancellation, you retain access until the end of your paid period

16. Data Export & Portability

You may request an export of your data at any time by contacting support. We will provide your data in a commonly used, machine-readable format (such as CSV or JSON) within 30 days of your request. Data exports include employee records, schedules, timesheets, and incident reports.

17. Limitation of Liability

To the fullest extent permitted by law, InstaNotified and CareMinder Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

18. Disclaimer of Warranties

InstaNotified is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service.

19. Intellectual Property

All content, features, and functionality of InstaNotified are owned by CareMinder Inc. and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of our Platform without prior written consent.

20. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, acts of war, terrorism, labor disputes, or infrastructure failures.

21. Dispute Resolution & Arbitration

Any dispute arising from these Terms or your use of the Platform shall be resolved as follows:

• Informal Resolution: We encourage you to contact us first at support@instanotified.com to resolve disputes informally.
• Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.
• Small Claims Exception: Either party may bring claims in small claims court if eligible.

22. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. For matters not subject to arbitration, any disputes shall be resolved in the courts of New York County, New York.

23. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use after changes constitutes acceptance of the updated Terms.