ClarityCommand Care™

1. Who We Are

Nitty Gritty Powerwashing & Mobile Services, LLC d/b/a JoMar Business Solutions ("JoMar," "we," "us," or "our") is a Texas-based business operated by Leslie Green-Wallace.

2. Information We Collect

A. Account Information

• Name, email address, hashed password
• Facility name, business address, license type (Type A/B/E ALF in Texas, equivalent elsewhere)
• Role within the facility
• Acceptance records: name, email, date, timestamp of agreement to this Policy
• Subscription, billing, and payment history (PayPal/Stripe)

B. Operational Data

• Resident profiles: name, room number, move-in date, photo (optional), monthly rate, dietary preferences (food only — never medical), comfort notes
• Emergency contacts: family member names, phone, email, relationship
• Billing & payments: rates, payment method, history, insurance type, expirations
• Pipeline & leads: potential resident names, referral sources, hospital/agency contacts
• Concierge requests: transportation, errands, grocery, activities
• Meals & dietary log: meals served, food preferences, food allergies (non-medical)
• Staff records: names, roles, schedules, clock-in/out, payroll
• Expenses & accounting: business expenses, receipts, vendor payments, mileage
• Outreach communications: emails to hospitals, placement agencies, partners

C. Technical & Usage Data

• IP address, browser, device, operating system
• Login timestamps, session duration, feature usage analytics
• AI interactions (no resident PII submitted)
• Error logs and crash reports

3. How We Use Your Information

• To provide the Application and process payments
• To improve features, fix bugs, and refine the Care AI
• To communicate service announcements, security alerts, and billing notices
• To comply with legal obligations
• To detect fraud and enforce our Terms of Service

We do not sell your data, share it with advertisers, or use it for marketing unrelated to JoMar's own services.

4. Legal Basis for Processing

• Contract: performing our Terms of Service
• Consent: where explicitly opted in
• Legitimate interest: improving and securing the Application
• Legal obligation: complying with applicable U.S. law

5. Data Storage & Security

Stored on Google Firebase (Cloud Firestore) in the United States. All data is:

• Encrypted at rest (AES-256) and in transit (TLS 1.2+)
• Access-controlled via Firebase Authentication and role-based Firestore Security Rules
• Backed up via Firebase's automated systems
• Logged for security and audit purposes

While we use industry-standard safeguards, no system is 100% secure. You use the Application at your own risk.

6. Third-Party Service Providers

Provider	Purpose	Data Shared
Google Firebase / Firestore	Database, authentication, hosting	All operational data
Google Cloud Platform	Compute, storage, analytics	All operational data
Netlify	Web app delivery (CDN)	IP, browser data
Anthropic (Claude API)	Care AI assistant	Questions submitted; no resident PII
PayPal / Stripe	Subscription billing	Name, email, payment
SendGrid	Transactional email	Name, email
Twilio	SMS notifications (optional)	Name, phone
Sentry	Error logging	Technical/usage only
Cloudflare Workers	API edge layer	Request metadata only

7. Data Retention

• Operational data: retained 90 days after account closure, then deleted
• Billing/tax records: 7 years (IRS & Texas state requirement)
• Acceptance/consent records: 7 years
• Backups: purged on Firebase's standard 30-day rotation

8. Your Privacy Rights

To exercise any right, email leslie@jomarbusinesssolutions.com. We respond within 30 days at no charge for the first reasonable request.

Right	What It Means
Access	Request a copy of the Personal Data we hold about you.
Correction	Request correction of inaccurate or incomplete Personal Data.
Deletion	Request deletion of your account and associated Personal Data, subject to retention requirements.
Portability	Receive your data in a structured, commonly used format (CSV or JSON).
Objection	Object to specific processing activities based on legitimate interests.
Withdrawal of Consent	Withdraw any consent you have given at any time (does not affect prior processing).

8.2 Texas Residents — TDPSA Rights

Texas residents are protected under the Texas Data Privacy and Security Act (TDPSA, Tex. Bus. & Com. Code § 541 et seq., effective July 1, 2024). You have the right to opt out of the sale of your Personal Data, targeted advertising using your Personal Data, and profiling that produces legal or similarly significant effects. JoMar does not engage in any of these practices. You may appeal a denial by emailing leslie@jomarbusinesssolutions.com — Subject: "TDPSA Appeal." Response within 60 days. If denied, you may contact the Texas Attorney General at texasattorneygeneral.gov.

8.3 California Residents — CCPA/CPRA Rights

California residents have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., including rights to Know/Access, Delete, Correct, Portability, Opt Out of Sale or Sharing, Limit Use of Sensitive Personal Information, and Non-Discrimination. JoMar does not sell or share Personal Data for cross-context behavioral advertising. Submit requests to leslie@jomarbusinesssolutions.com. Response within 45 days. You may also contact the California Privacy Protection Agency at cppa.ca.gov.

8.4 Other State Residents

Residents of Virginia, Colorado, Connecticut, Montana, Oregon, and other states with comprehensive privacy laws have rights similar to those described above. JoMar will honor verifiable rights requests from residents of any state with an applicable privacy law.

9. Third-Party Data You Enter

When you enter information about residents, family, vendors, staff, or partners, you represent and warrant that you have legal right and authority to enter that information, have obtained any necessary consents or notices, and will respond to data-subject requests directly. JoMar processes this data solely as a data processor on your behalf. See Document IV for full terms.

10. Security Incident & Data Breach Notification

JoMar maintains an internal incident response procedure. In the event of a confirmed Security Incident involving your Personal Data, JoMar will notify you by email promptly after confirming the incident — and in any event no later than required by applicable law, including the Texas Identity Theft Enforcement and Protection Act (Tex. Bus. & Com. Code § 521.053). The notification will describe the nature of the incident, categories of Personal Data involved, likely consequences, and measures taken.

11. Cookies & Tracking

The Application uses essential cookies and local storage to keep you logged in. We do not use third-party advertising cookies, cross-site tracking, or behavioral targeting.

12. Children's Privacy

The Application is intended for licensed facility owners 18 and older. We do not knowingly collect data from anyone under 18.

13. Changes to This Policy

We will notify you by email and in-app notice at least 14 days before material changes take effect.

14. Contact

Your acceptance of this Privacy Policy is recorded electronically when you accept it at signup. The record includes your name, email address, the version of the Policy you accepted, and the date and time of acceptance.

1. Eligibility

• At least 18 years of age
• Owner, operator, administrator, or authorized employee of a licensed assisted living facility, residential care home, or comparable senior care business
• Legally authorized to enter into binding contracts on behalf of your facility
• Not barred under U.S. law or any sanctions list

2. The Application — What It Is and Is Not

What ClarityCommand Care™ IS:

• An operations management tool for assisted living facilities
• A platform for resident management (non-medical), billing, meals, concierge, staff, leads, expenses, outreach
• A general-purpose business AI assistant for non-clinical questions

What ClarityCommand Care™ IS NOT:

• NOT a medical records system or EHR
• NOT HIPAA-compliant (see Document III)
• NOT a substitute for licensed legal, medical, accounting, or compliance advice
• NOT a replacement for state-mandated paper care plans, MARs, or incident reports

3. License Grant

JoMar grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Application solely for the internal business operations of your licensed facility.

4. Account Registration & Security

• Provide accurate, current, complete information
• Maintain credential confidentiality
• You are responsible for all activity under your account
• Notify leslie@jomarbusinesssolutions.com of suspected unauthorized access
• Do not share login outside authorized facility staff
• Multi-facility operators require an Enterprise license

5. Acceptable Use

You agree NOT to:

• Enter PHI — see Document III
• Use the Application unlawfully
• Reverse-engineer, decompile, copy, or recreate any part
• Resell, sublicense, or rent access
• Attempt unauthorized access to other accounts or infrastructure
• Upload viruses or malicious code
• Harass, defame, or harm any individual
• Scrape or data-mine beyond your own records
• Use the Care AI for medical, legal, or clinical decisions

6. Fees & Payment

• Pay all fees in U.S. dollars when due
• Authorize JoMar to charge your payment method on the recurring cycle
• Update payment information promptly
• All sales are final except where required by law

Late payments may suspend access. JoMar may modify pricing on 30 days' notice.

7. Intellectual Property

JoMar Business Solutions, ClarityCommand™, ClarityCommand Care™, and all associated logos, designs, code, AI prompts, training materials, templates, and content are the exclusive intellectual property of JoMar. Your data remains your property; JoMar holds it as a service provider.

8. AI-Generated Content Disclaimer

8.1 What the Care AI Is

The "Care AI" is powered by Anthropic's Claude. It is designed to assist with general operational questions, drafting communications, understanding regulatory frameworks, and managing day-to-day business tasks. It is an informational and productivity tool — not a licensed professional.

8.2 Explicitly Prohibited Uses

Prohibited Use	Example (Do Not Submit)
Medical decisions for any resident	"Should I call 911 for a resident with these symptoms?"
Medication dosages or administration	"What is a safe dose of [medication] for an 85-year-old?"
Clinical assessments or diagnoses	"Based on these signs, does my resident have [condition]?"
HIPAA compliance determinations	"Is this incident a reportable HIPAA breach?"
Legal advice or contract interpretation	"Is my admission agreement enforceable under Texas law?"
Emergency response guidance	"My resident is unresponsive — what should I do?" (Call 911)
Drug interactions or contraindications	"Can [drug A] and [drug B] be given together?"
Mental health crisis intervention	Any response to resident behavioral or psychiatric crises

8.3 Your Responsibility

• Independently verify all Care AI responses before acting on them
• Consult licensed professionals for all matters requiring professional judgment
• Bear sole responsibility for all decisions influenced by Care AI output
• Train all staff who use the Care AI on these limitations before granting access

9. User Content & Data Ownership

You retain ownership of all data you enter. You grant JoMar a limited, royalty-free license to host, store, and process it solely to provide the Application.

10. Disclaimers

THE APPLICATION IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING: implied warranties of merchantability, fitness for a purpose, or non-infringement; warranties that the Application will be uninterrupted, error-free, or secure; warranties regarding accuracy of any content, including AI output; or warranties that the Application will meet your specific needs or regulatory requirements.

11. Limitation of Liability

• JoMar's total aggregate liability shall not exceed the total fees paid in the 12 months preceding the claim, or $500, whichever is greater
• JoMar shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages — including lost profits, lost data, business interruption, regulatory fines, HIPAA violations, or reputational harm
• Applies regardless of legal theory

12. Indemnification

You agree to defend, indemnify, and hold harmless JoMar from claims arising out of:

• Your use or misuse of the Application
• Your violation of these Terms or any law
• Your entry of PHI or other restricted data
• Your facility's HIPAA, state, or regulatory violations
• Any third-party claim arising from data you entered

13. Termination

• You may cancel anytime via the Application or email
• JoMar may suspend or terminate for violation, non-payment, or with 30 days' notice
• Data is retained per the Privacy Policy schedule; data export available within 30 days of termination

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

14.2 Informal Resolution — Required First Step

Before any formal dispute process, the party with a dispute must provide written notice to the other party describing the nature of the dispute, the relief sought, and the factual basis. The parties agree to negotiate in good faith for at least 30 days before proceeding.

14.3 Binding Arbitration

EXCEPT AS PROVIDED IN SECTIONS 14.4 AND 14.6, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, NOT IN COURT, UNDER AAA COMMERCIAL ARBITRATION RULES IN TARRANT COUNTY, TEXAS.

14.4 Exceptions to Arbitration

• Claims for injunctive or equitable relief to prevent unauthorized use of intellectual property
• Claims that may be brought in small claims court in Tarrant County, Texas, on an individual basis
• Any claim a court determines cannot be compelled to arbitration as a matter of law

14.5 Class Action & Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND JOMAR EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

14.6 Arbitration Opt-Out — 30-Day Window

15. Modifications

Material changes communicated by email and in-app notice at least 14 days before they take effect.

16. Miscellaneous

Provision	Detail
Entire Agreement	Terms + Privacy Policy + HIPAA Disclaimer + Data Processing Addendum
Severability	Unenforceable provisions don't void remaining ones
No Waiver	Failure to enforce ≠ waiver
Assignment	You cannot assign; JoMar may assign to a successor
Force Majeure	Neither party liable for causes beyond reasonable control
Notices	To leslie@jomarbusinesssolutions.com

Your acceptance of these Terms is recorded electronically at signup. The record includes your name, email address, the version of the Terms you accepted, and the date and time of acceptance. You may request a copy of your acceptance record at any time by emailing leslie@jomarbusinesssolutions.com.