FY Force terms of service

These Terms of Service (“Terms”) are an agreement between FY Network, Inc., a Delaware corporation (“FY Network”, “we”, “us”), and the organization that signs up for FY Force (“Customer”, “you”). FY Force is available at https://fyforce.com (the “Service”).

By creating an account, checking out, or using the Service, the person doing so confirms they have authority to bind the Customer to these Terms.

1. Who the Service is for

FY Force is a business service for organizations licensed or approved by the New Jersey Division of Developmental Disabilities (“DDD”) to provide services. The Customer’s administrators and staff use it on the Customer’s behalf.

The Service is not offered to consumers, and it is not for individuals who receive services. Do not sign up as an individual.

2. What the Service does

FY Force helps the Customer organize compliance work for its direct-support workforce. It provides:

• staff records;
• storage for credential and training evidence the Customer uploads, such as resumes, ID scans, CPR cards, certificates, and training reports;
• readiness rules drawn from public New Jersey and federal sources and from the Customer’s own policies;
• renewal reminders sent by email;
• invitations to the Customer’s staff;
• a record of the authorizations the Customer grants for each automated action; and
• billing for the Service.

3. What the Service does not do

FY Force does not replace the Customer’s electronic health record. It does not deliver care, schedule services, perform electronic visit verification, or submit claims or bills to Medicaid. It does not sign in to state or government portals for the Customer.

The Customer submits any filing to a government system itself.

4. Not legal advice; Customer remains responsible

Readiness rules, statuses, and reminders in FY Force are assistance only. They are not legal advice, and they are not a guarantee that the Customer complies with any law, regulation, licensing standard, or contract.

Rules may be incomplete, may lag behind changes in law or agency guidance, and depend on the accuracy of what the Customer enters and uploads. The Customer remains responsible for its own compliance decisions, staffing decisions, and filings.

5. Accounts and sign-in

Users sign in with a one-time link sent by email. Each link works once and expires after 15 minutes. Sessions are kept with cookies.

The Customer is responsible for:

• inviting only people it authorizes;
• keeping user email accounts secure;
• removing access promptly when a person leaves or no longer needs it; and
• all activity under its account.

Tell us at admin@fynetwork.com right away if you believe an account has been accessed without permission.

6. Authorizations for automated actions

Some features act automatically, for example sending a reminder or an invitation. FY Force performs an automated action only within the authorization the Customer grants for it. The Customer may change or withdraw an authorization in the account. Actions already completed before a change are not reversed.

7. Customer data

“Customer Data” means the information the Customer and its users put into the Service, including staff records and uploaded evidence files.

• The Customer owns Customer Data.
• FY Network processes Customer Data only to provide, secure, support, and bill for the Service, as the Customer instructs through its use of the Service, and as required by law. In this role FY Network acts as the Customer’s service provider and processor.
• FY Network does not sell Customer Data and does not share it for advertising.
• FY Network does not use Customer Data to train AI models. The Service currently does not use AI on Customer Data.
• The Customer is responsible for having the right to upload Customer Data, including giving any notice to and obtaining any consent from its staff that the law requires.

8. No client health information

FY Force is designed for workforce and employment records. It is not designed for records about the individuals who receive services.

The Customer must not upload protected health information about individuals receiving services. If the Customer needs to store that information, it must first sign a separate Business Associate Agreement with FY Network. Without one, that use is not permitted.

9. Security

FY Network hosts the Service on Amazon Web Services in the us-east-2 (Ohio) region. Customer Data is encrypted at rest with dedicated encryption keys that FY Network manages and in transit with TLS. Evidence files are versioned, backups are kept for 35 days, and access to evidence files is logged.

10. Subprocessors

FY Network uses these subprocessors to run the Service:

FY Network does not store card numbers; Stripe handles them. AWS operates under a signed Business Associate Addendum with FY Network.

We will give the Customer notice before adding or replacing a subprocessor. If the Customer objects on reasonable data protection grounds, it may cancel under Section 13.

11. Security incidents

If FY Network confirms unauthorized access to, or acquisition of, Customer Data, it will notify the Customer without undue delay. The notice will describe what we know, what we are doing about it, and how to reach us. We will provide information the Customer reasonably needs to meet its own legal notice duties.

12. Acceptable use

The Customer and its users must not:

• use the Service for anything unlawful, or to store data the Customer has no right to hold;
• upload protected health information of individuals receiving services, except under a signed Business Associate Agreement;
• upload malware or content intended to harm the Service or others;
• try to access accounts or data that are not theirs, or bypass sign-in, rate limits, or security controls;
• probe, scan, or load-test the Service without our written permission;
• copy, resell, or sublicense the Service, or use it to build a competing product; or
• share sign-in links or let people outside the Customer’s organization use its account.

We may remove content or restrict access as needed to stop a violation, and we will tell the Customer what we did and why unless the law prevents it.

13. Fees, billing, and cancellation

• The Service costs one flat monthly fee per organization. The amount is shown at checkout and in the account.
• The subscription runs month to month and renews automatically each month until cancelled.
• The Customer may cancel at any time in the account or by writing to admin@fynetwork.com. Cancellation takes effect at the end of the paid period. Fees already paid are not refunded, except where the law requires.
• Payments are processed by Stripe.
• Fees do not include taxes. The Customer pays applicable taxes other than taxes on FY Network’s income.
• We may change the fee with at least 30 days' notice. A new fee applies from the first billing period that starts after the notice period ends.

14. Suspension for nonpayment

If a payment fails, we will notify the Customer by email. If the amount remains unpaid 14 days after that notice, we may suspend access to the Service until it is paid. Suspension does not delete Customer Data. We may also suspend access immediately if needed to prevent a security threat or serious harm, and will tell the Customer promptly.

15. Data export and deletion after cancellation

After cancellation takes effect, the Customer can export its records for 30 days. After those 30 days, Customer Data is deleted from the live system. Copies in backups are deleted as the backups expire, within 35 days. Data may be kept longer only where the law requires it or a legal hold applies, and only for as long as needed.

16. FY Network’s property

FY Network owns the Service, including its software, design, and rule content it creates. The Customer receives a non-exclusive, non-transferable right to use the Service for its internal business during its subscription. If the Customer sends feedback, FY Network may use it without obligation.

17. Warranties and disclaimer

FY Network will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided “as is” and “as available”. To the extent the law allows, FY Network disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. FY Network does not promise that the Service will be uninterrupted or error free, or that its rules output is complete or current.

18. Limitation of liability

To the extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility.
• Each party’s total liability arising out of or relating to these Terms is limited to the fees the Customer paid FY Network for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply to the Customer’s obligation to pay fees, to a party’s fraud or willful misconduct, or where the law does not allow them.

19. Indemnity

The Customer will defend and indemnify FY Network against third-party claims arising from Customer Data, from the Customer’s breach of Section 8 or Section 12, or from the Customer’s compliance decisions and filings.

20. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice by email to the account administrator and in the Service before a change takes effect. If the Customer does not agree, it may cancel before the change takes effect. Continued use after that date means the Customer accepts the updated Terms.

21. Governing law and venue

New Jersey law governs these Terms, without regard to its conflict of law rules. Any dispute will be heard only in the state courts located in Hunterdon County, New Jersey, or in the United States District Court for the District of New Jersey, and both parties consent to those courts.

22. General

• Neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all of its business, with notice.
• Neither party is liable for delay caused by events beyond its reasonable control.
• If part of these Terms is unenforceable, the rest stays in effect.
• A failure to enforce a term is not a waiver.
• These Terms, and any Business Associate Agreement the parties sign, are the entire agreement about the Service. If they conflict on protected health information, the Business Associate Agreement controls.
• Notices to FY Network go to admin@fynetwork.com. Notices to the Customer go to the account administrator’s email.

23. Contact

FY Network, Inc.
305 Lechner Circle, Annandale, NJ 08801
admin@fynetwork.com
(973) 649-9368