Terms of Service

Effective October 12, 2026 · Last updated October 12, 2026

These terms are the agreement between your organization (“you,” the “agency”) and MortonApps LLC (“we,” “us”; after a transfer under Assignment in section 14, the party that then holds these terms) for the use of Care Roster at careroster.org.

1. Agreement to these terms

Subject to section 12, a person who creates a workspace or accepts these terms for your organization agrees to them on its behalf and confirms that they are authorized to do so. Using Care Roster under your organization’s account is use under these terms. If you do not agree, do not use the service. Each person who signs in to Care Roster, or opts in to its texts, also agrees for themselves to the If you receive messages bullet in section 13. Each person who uses the Care Roster app also agrees for themselves to section 16.

2. The service

Care Roster is a shared contact directory and staff alerting service for care agencies (hospice, home health, senior care, and assisted living teams). It keeps vendors, partners, clinical contacts, community resources, and on-call contacts in one shared, searchable directory, and its Alerts feature lets an agency send urgent messages to its own staff and collect their responses. It is an operational companion to your EMR, not a replacement for it, and it is designed to hold no patient information of any kind.

In these terms:

• “The service” means Care Roster, including its website and its apps for phones and tablets (the “Care Roster app”), and everything we provide with it, including Alerts, staff texting, responses, follow-ups, staff emergency escalation, any other add-on or way of sending, and support.
• An “alert” or “message,” including a reminder, follow-up, scheduled send, or staff emergency escalation notice, includes every way Care Roster sends or delivers it, now or later: text, email, voice call, app (push) notification, or any other channel. No channel is guaranteed.
• “Staff” means your agency’s employees, volunteers, and contractors.
• “The MortonApps Parties” means MortonApps LLC, every party that has held these terms after a transfer under Assignment in section 14, their affiliates, and their members, managers, officers, employees, contractors, and agents.
• “Our sending service” means the system we run to hand texts and emails to our messaging and email providers.
• A “text” is one SMS segment sent to one phone number. A message of up to 160 characters (70 if it contains emoji, curly quotes, or certain other symbols), counting everything we add to it (the agency name, any reply instructions or “In an emergency, call 911.” line, and the opt-out line), is one segment. A longer message is split into segments of up to 153 characters (67) and counts one text for each.

3. Free trial, plans, and billing

• Trial: new workspaces start with a free 45-day trial that includes every Complete feature we have made available to it. No credit card is required to start. A trial can send up to 25 texts; staff emergency escalation notices count toward that but are never declined because of it. A message that asks recipients to respond counts one more text for each person it is sent to, whether or not they reply.
• Plans: after the trial, continued full use requires a paid plan. Apart from a legacy texting plan or a plan we agreed outside checkout (see Legacy and agreed plans below), each agency has one subscription, to one plan, in one size. Each plan includes Admin, Editor, and Viewer roles.
  • Essentials includes the shared directory, on-call rotations, escalation paths (the reference for who to call, in what order), the emergency sheet, reports, CSV import and export, and Microsoft 365 sync.
  • Complete includes everything in Essentials, plus Alerts: sending alerts to staff and collecting their responses, and, as we make each available to your agency, more ways to customize alerts, staff emergency escalation, scheduled sends, and more ways to send. We may make a feature available to some agencies before others. We do not promise when or whether a planned feature will be released or made available to your agency.
  Sending alerts requires Complete, a free trial, a legacy texting plan, or a plan we agreed outside checkout that includes it (see Legacy and agreed plans below).
• Sizes: the size is set by the number of user accounts in your workspace: up to 150, or 151 to 500. We sell plans online for up to 500 user accounts. Above 500, the price is by quote and has no launch price. A workspace that grows past its size is not locked out, but we may ask you to move to the right size (or, above 500, to a quoted price). If you do not, we may move your subscription to it from its first renewal at least 30 days after we email you, and you may cancel before then instead. A move to the 151 to 500 size keeps the launch price for that size; a move above 500 ends the launch price.

• Prices: the Per year and Per month columns are our standard prices for a new subscription as of the effective date above. Current prices are on our pricing page and at checkout. All prices are in U.S. dollars, plus any applicable taxes, which Lemon Squeezy calculates and collects at checkout.
• Launch pricing (U.S. Pacific Time): an account created on or before December 31, 2026 gets the launch price for its plan, size, and billing term (see the table and checkout) if it subscribes by that date, or later while the free trial it started by that date, including any extension we grant, is still running. The launch price applies to that subscription, including a switch of plan, size, or billing term (at the launch price for the new choice), and stays fixed while the subscription is active, including while a failed payment is being retried, except as the Sizes and Heavy use paragraphs allow. If the subscription ends, by cancellation or because we could not collect payment, the launch price is lost, and a new subscription is at the standard price then in effect. The launch price does not apply to a legacy texting plan or to any add-on we offer later.
• Fair use: Complete has no per-message fees. Alerts are priced for urgent operational messages to your own staff. Routine operational messages, reminders, and scheduled sends are allowed.
  • Texts and emails a person sends (the first send of an alert when someone presses Send, and any follow-up or retry someone sends by hand; a scheduled send is automated, as the next bullet says) are never refused because of how much your agency has sent, on any paid plan that can text, except under the yearly text limit of a complimentary or lifetime plan without a legacy texting plan (see Legacy and agreed plans below). They can still wait their turn behind other sends, or be canceled if our sending service cannot accept them within 2 hours, as section 13 describes, and section 10 still applies.
  • Automated sends (scheduled sends and staff emergency escalation notices; each is automated because nobody presses Send at the moment it goes out) may be slowed, queued, paused, or declined. They run only once your agency has accepted the terms that describe them (section 13). Apart from staff emergency escalation notices, which no limit declines, they are declined automatically under the monthly and yearly limits below and the text limit of a trial or of a complimentary or lifetime plan. Any automated send, including a notice, is also not sent, or is held, in the other cases these terms describe (for example, a feature that is off or paused, an account that is read-only, an alert to an escalation path, or a send our sending service cannot accept in time).
    • Monthly limit: the automated texts we try to send for your agency in a calendar month (UTC), including ones that are not delivered, would pass 25,000, counted as section 2 defines a text, plus the extra text a message that asks for responses counts for each person (as for trials). Texts a person sends neither count toward this limit nor are refused because of it.
    • Yearly limit: your agency’s texts over the past 12 months would pass 45,000 for a subscription sized up to 150 user accounts, or 150,000 for any larger size, or, on a legacy texting plan, its texts in the plan’s current year would pass three times its yearly allowance. Texts a person sends count toward this limit but are never refused because of it.
    • Staff emergency escalation notices count toward the monthly and yearly limits, a legacy texting plan’s allowance, a trial’s 25 texts, and the yearly texts of a complimentary or lifetime plan (see Legacy and agreed plans below), but are never declined because of any of them.
    • Other grounds: we may also slow, queue, pause, or decline automated sends in our reasonable judgment if your agency’s sending is far beyond urgent operational use, is driven by a script or system other than Care Roster’s own features, looks compromised or abusive, or threatens our shared sending number. For staff emergency escalation notices, only the last three of these grounds apply; how much your agency sends is never one.
    • When a text is declined: the first time one of an alert’s automated texts is declined, including the texts of a scheduled send, we email your agency’s admins. That alert’s later automated texts are not tried, its emails (including a scheduled send’s emails) still go out, and its staff emergency escalation notices are still tried. If a scheduled send whose texts are declined has no emails to send, nothing in it goes out, and the person who scheduled it (or, if they can no longer be reached, your agency’s admins) is also emailed. If we slow, queue, pause, or decline sends, we will tell you promptly and work with you on restoring sending within fair use.
    These limits and grounds apply during an emergency too, and we are not on call to lift them, so do not rely on automated texts alone to reach anyone.
  • App notifications follow the rules in our Privacy Policy and section 16. Calls and other channels, when they become available, follow the rules we publish for them before they launch (see Other ways of sending, in section 13), which may include limits or fees for messages a person sends. Until we publish different rules, automated ones may be slowed, queued, paused, or declined in the same way as automated texts.
  • We may contact your agency about heavy use. For a subscription at the standard price whose sending stays far beyond urgent operational use, we may also change its price at a renewal, after notice under Price changes below.
• Heavy use (launch prices only): If your sending stays far beyond urgent operational use, we may move a launch-price subscription to the standard price at a renewal, with at least 30 days’ notice. On a monthly plan, the change takes effect at the first renewal at least 30 days after our email. The launch price does not return after such a move.
• Billing: subscriptions are sold and processed by Lemon Squeezy, our merchant of record. Your payment details are held by Lemon Squeezy, not by us. Subscriptions renew automatically for the term you chose (monthly or annually) until you cancel, at the price in effect for your subscription at renewal. You can update your card, change your subscription, or cancel at any time from Settings → Plan & Billing.
• Price changes: we may change prices. A new price applies to new subscriptions when published. For an existing subscription, an increase applies from its first renewal at least 30 days after we email your agency about it, and never to a period already paid. If you do not want the new price, cancel before that renewal. Launch, legacy, and agreed plan prices change only as their own paragraphs allow.
• Changes, cancellation, and refunds: a change of plan, size, or billing term during a paid period is prorated, except texting plans: moving to a larger texting plan is a new purchase at that plan’s full price that starts a new 12-month texting year with its full allowance (texts left on the old plan do not carry over, and nothing is refunded), and a move to a smaller texting plan takes effect at the next renewal. Any other increase is charged now for the rest of the current period. We do not refund fees, including for unused time and messages already sent, except where the law requires it or section 10 says otherwise. Unused time becomes credit only when a change lowers your price during a paid period: the unused value of what you paid is applied to your next charges for the same subscription. Credit has no cash value, cannot be transferred, and ends when your subscription ends. Canceling stops future renewals; your subscription stays active until the end of the period you have paid for, and no refund or credit is given for the rest of that period.
• Disputed payments: if a payment is disputed or reversed, we may pause paid features, including Alerts, after notice until the dispute is resolved. A refund issued by Lemon Squeezy ends the refunded period.
• Lapse: if your trial ends without a subscription, or a subscription ends, your account becomes read-only: you can still sign in, view your directory and other records, and export your data as section 6 describes, but you cannot send alerts or view alert history in the app (it stays in the export), and nothing automatic runs: staff emergency escalation does not run, scheduled sends are not sent, and replies and answers to earlier alerts are not recorded or shown. If the account becomes active again within 7 days, text replies sent while it was read-only may then be recorded, and a request for help among them can start staff emergency escalation only within the 2 hours described in section 13. You can subscribe again anytime with your records and settings intact, unless we ended your subscription under section 10. If an account stays read-only for 12 months, counted from the later of the day it became read-only and the day this rule first took effect for your workspace under section 12, we delete it and its data, except the records and copies section 6 says we keep. We keep it longer only while the law, a legal hold, or a claim or investigation involving it (including one we reasonably expect) requires us to, only for that purpose, and only as long as required. Before we do, we email notice to your agency’s admins and any billing contact at least 30 days ahead. Care Roster is not a records-retention system: your agency is responsible for exporting, or asking us for a copy of, any records it must keep. The records and copies described under Exceptions to deletion in section 6 are kept as that section describes.
• Legacy and agreed plans: texting was once sold as a separate plan with a yearly message allowance (a “legacy texting plan”), and for a time plans included a yearly text allowance. Neither is sold anymore. Each one keeps its price, billing term, and yearly allowance, and continues until your agency cancels it; section 10 describes the only other way one can end, if we stop offering Care Roster to every agency. While it is active, a legacy texting plan includes the staff-alert features Complete had on October 6, 2026, under the same Fair use rules, and no feature or way of sending (such as phone calls) that we add to Complete later unless we say so in writing; its texting volume is its own yearly allowance, and sending past that allowance is handled under Fair use. A plan we agreed with your agency outside checkout, such as a complimentary or lifetime plan, includes what we told your agency in writing when we agreed it (or, if we did not say, the features Care Roster had then), at the price we agreed, and no feature we add later unless we say so in writing. We will never end a complimentary or lifetime plan, or move it to a paid plan, except as section 10 describes for stopping Care Roster for every agency. We may suspend access under a legacy texting plan or a complimentary or lifetime plan as section 10 describes, including for a material violation until it is cured, but a suspension never ends the plan. If a payment for a legacy texting plan cannot be collected, we may suspend that plan until the payment is made; this does not end it either. Unless we agreed otherwise in writing, a complimentary or lifetime plan that can send alerts but has no legacy texting plan can send up to 25 texts a calendar year, including texts a person sends; staff emergency escalation notices count toward that but are never declined because of it. A feature or way of sending that we add to a legacy or agreed plan later, in writing or by turning it on, is provided as a Complete feature: section 10 applies to it as it does to Complete, and changing or removing it does not end or convert the plan. Otherwise these terms apply, including sections 7, 8, 9, and 13.

4. Acceptable use

You agree to use the service lawfully and not to:

• Enter patient information. This is a strict term: no protected health information (PHI), no patient names or identifiers, no clinical details, anywhere, including notes, free-text fields, and the text of any alert, message, or response. Keeping the service PHI-free is what lets it operate without a HIPAA BAA. We do not agree to act as your business associate. If patient information is entered anyway, we may delete it without notice, and your agency is responsible for it.
• Attempt to access another agency’s workspace or data, probe or breach tenant isolation, or circumvent authentication or access controls.
• Interfere with or disrupt the service, or use it to send spam.
• Use Alerts for newsletters, marketing, or anything other than operational messages to your own staff, or for content that carriers prohibit.
• Resell or sublicense the service without our written agreement.

If we learn that patient information was entered despite this term, we may remove it and will tell you; repeated or willful violations are grounds for suspension.

5. Your responsibilities

• Provide accurate account and agency information, and keep it current.
• Have a lawful basis for the contact information your agency enters into the service; it is entered at your direction.
• Keep your accounts secure: protect passwords, use the roles appropriately, and remove access for people who leave your organization, and cancel any alerts they scheduled that should not go out.
• Tell us promptly at [email protected] if you suspect unauthorized access to your account.
• Be responsible for everyone your agency gives access to Care Roster, including contractors and IT providers, as if they were its own staff. If we set up or change anything in your workspace at your agency’s request, we do it on your agency’s instructions, and it is treated as information your agency entered.
• Meet your responsibilities for alerts and text messages in section 13.

6. Your data

Your agency owns its data. We claim no ownership of the records you enter. An admin can export your directory (organizations and contacts), user list, and alert history (each alert and each person’s response) from Settings at any time, and your on-call schedule and alert reports while your account is not read-only. If you need data the export does not cover, contact us before deletion and we will help where we reasonably can. You can request deletion of your account and data by emailing [email protected]. We process your data only to provide, support, and improve the service, to send the occasional email to your admins described in section 14, to create the usage and aggregated data described in section 14, and, where needed, to comply with the law, enforce these terms, or bring or defend legal claims, as our Privacy Policy describes. We never sell it, never use it for advertising (apart from the occasional email to your admins about our products described in section 14), and never use it to train AI models, other than as our AI provider’s terms may allow for safety-flagged content, as our Privacy Policy describes.

Exceptions to deletion. If your account or data is deleted, we still keep the records and copies described in the next four paragraphs, and anything else the law, a legal hold, or a claim or investigation (including one we reasonably expect) requires us to keep.

Texting records: we keep records of text-message consent and sends (who was texted, by which agency, when, and the result, but not what the messages said) until four years after the later of the last text sent to that number for your agency and the consent itself, and longer while a claim or investigation (including one we reasonably expect) or a legal hold requires it. We keep a record of each opt-out (the number and when it opted out) until the person opts back in, so that no one texts that number through us in the meantime, and we then record the opt-in and its time; the four-year limit does not apply to an opt-out while it is in effect. We keep these records only to honor opt-outs, to show consent, opt-outs, and what was sent and when to carriers, our messaging providers, regulators, or a court, to comply with the law or a legal hold, and to bring or defend legal claims; we may disclose them for those purposes or when the law requires, and use them for nothing else.

Acceptance records: we keep the record of each acceptance of our terms and each staff emergency escalation acknowledgment (who gave it, when, how, and which version or wording, with the IP address and browser used where we recorded them) until four years after the account or its data is deleted, and longer while a claim or investigation (including one we reasonably expect) or a legal hold requires it. We keep them only to show what your agency agreed to and acknowledged, to comply with the law or a legal hold, and to bring or defend legal claims; we may disclose them for those purposes or when the law requires, and use them for nothing else.

Other records and copies: our sending service keeps the content of each message it sends for up to 30 days after sending. When we delete an agency, we may keep a temporary encrypted copy for up to 30 days so a mistaken deletion can be undone. We also keep a record of any unsubscribe from our product emails (the email address and when), kept only so we never send that person one again; a record of any email address that bounced or reported our email as spam (the address, when, and why), kept until it is removed from the list of addresses our products no longer email; and bug reports your staff file in the app, which we keep, and delete on request, as our Privacy Policy describes. We also keep our security and operating logs, and the internal alerts our systems send us, which can include information about your agency’s users and staff, kept as long as needed to run and secure the service and to handle legal claims; we use them only for those purposes.

Backups: deleted data can also remain in our encrypted backups for up to 12 months, some of them in storage that cannot be changed or deleted, even by us, for 90 days, unless a legal hold requires keeping one longer. We use backups only for disaster recovery, to undo a deletion we made by mistake or without the notice these terms require (never one your agency asked for), and, where needed, to comply with the law or a legal hold or to bring or defend legal claims. If we restore a backup, we take reasonable steps to re-apply deletions made since it was taken.

7. Availability and disclaimers

We work to keep the service reliable, but it is provided “as is” and “as available.” The MortonApps Parties make no warranties of any kind, express or implied, including merchantability, accuracy, fitness for a particular purpose, and non-infringement. They do not guarantee uninterrupted or error-free operation, or that any message will be delivered by any channel. Section 13 explains the limits of Alerts and every way they are sent. We recommend exporting your data periodically.

Events beyond our control. None of the MortonApps Parties is responsible for a failure or delay caused by events beyond their reasonable control, including carrier or provider outages, filtering, or restrictions, power or internet failures, natural disasters, fire, flood, pandemic, government action, or attacks on the service.

8. Limitation of liability

Our liability is limited, as this section describes. To the maximum extent permitted by law, none of the MortonApps Parties will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. The MortonApps Parties’ total liability, together, for all claims arising out of or relating to the service, including Alerts and any claim that an alert, reminder, staff emergency escalation notice, scheduled send, or other message, by any channel, was not sent, was delayed, or was not received, whatever the cause, is limited to the fees paid for the service (to us, or to Lemon Squeezy for us) in the 12 months before the claim arose, or $100 if none were paid. You agree to bring any claim only against the party that held these terms when the events the claim is about happened (MortonApps LLC, or a party that held them after a transfer under Assignment in section 14), and not against any other MortonApps Party. This section applies to the fullest extent the law allows. It does not limit liability that section 1668 of the California Civil Code does not let a contract limit, but only to the extent that section requires.

9. Indemnity

Your agency covers claims about Care Roster, including claims by its own staff and their families and insurers, even if we were at fault, as this section describes.

Your agency will defend, indemnify, and hold harmless the MortonApps Parties from any third-party claim, demand, fine, or penalty, and related costs and reasonable attorneys’ fees, arising from or relating to:

• your agency’s use of the service, including Alerts, on-call schedules and coverage, escalation paths, the escalation list, the Needs help list, and the emergency sheet;
• any alert, reminder, follow-up, staff emergency escalation notice, scheduled send, or other message from your workspace, by any channel, that was not sent, was delayed, was misdirected, or was not received, and any response that was not recorded, shown, or acted on, whatever the cause;
• any on-call, coverage, contact, or escalation information the service showed or used, whether it was right or wrong;
• messages sent from your workspace, or to numbers or email addresses your agency entered, including welcome texts;
• the phone numbers, email addresses, on-call schedules, escalation paths, escalation list, who each person reports to (including in Microsoft 365), the names and phone numbers Care Roster sends or shows to the people your escalation list reaches or lets see the Needs help list, and other information you enter, or that we enter or change at your agency’s request;
• your consent confirmations;
• patient information entered in breach of section 4; or
• your breach of these terms or the law.

Third-party claims include claims by your own staff and their families, estates, and insurers (including a workers’ compensation insurer), by your patients and their families, and by anyone else. This is your agency’s written agreement, made before any injury, to defend, indemnify, and hold harmless the MortonApps Parties against them. This applies whatever the cause, including the sole, active, passive, or concurrent negligence of a MortonApps Party, strict or product liability, or a defect in or failure of the service, and whether or not anyone else was also at fault, to the fullest extent the law allows. It does not cover any part of a loss that a court finally decides section 1668 of the California Civil Code does not let a contract cover. A claim is not taken outside this section because it says a MortonApps Party committed fraud, injured someone willfully, or broke a law, and your agency must defend it until a court finally decides otherwise. Defense costs your agency pays before such a decision are not repaid.

To the extent the law allows, your agency waives any limit that a workers’ compensation law would place on its liability to the MortonApps Parties under this section. It also waives, and will have its insurers (including its workers’ compensation insurer) waive, every right of subrogation against the MortonApps Parties for any claim this section covers.

Your agency’s duty to defend begins when we tell it about a claim. It applies even if the claim is groundless or no one has yet decided who was at fault, and it includes paying defense costs as they are incurred. We will tell you promptly about a claim and cooperate at your expense; a delay in our notice reduces your obligations only to the extent it prejudices you. If your agency does not take up the defense promptly, with counsel reasonably acceptable to us, and in any case within 15 days after we tell it about the claim, or if its interests and ours conflict (for example, if it says the service caused the harm), we may choose our own counsel, and your agency will pay that counsel’s reasonable fees and costs as they are incurred. Otherwise, we may take part in the defense with our own counsel at our own expense. Your agency may not settle a claim in a way that admits fault for us, binds us, or does not fully release the MortonApps Parties, without our written consent.

10. Suspension, termination, and changes to the service

You can stop using the service at any time. We may suspend or terminate access for material violation of these terms (most seriously, entering patient information or attempting to breach tenant isolation) after notice where practical. Under a legacy texting plan or a complimentary or lifetime plan, a material violation lets us suspend access, until the violation is cured, but never end the plan; the next two paragraphs, including suspending Alerts at once, still apply to those plans as written, and do not end the plan either.

We may suspend Alerts for an agency at once, without advance notice, if its messages draw carrier or spam complaints, appear unlawful, abusive, or sent from a compromised account, or if a carrier, an email provider, or our messaging or email-sending provider requires it. Sending volume alone is handled under the Fair use paragraph in section 3, with one exception: if one agency’s sending volume would delay other agencies’ alerts or go over a sending, rate, or spending limit at a carrier or our messaging provider, we may queue that agency’s sends, never refuse them (a send that waits there past the 2 hours in section 13 is canceled, and the sender is told), so that other agencies’ alerts also go out, only for as long as the risk lasts, and we will tell the agency promptly. If we suspend Alerts, we will tell you promptly and work with you to restore sending.

We may change the service over time. We will give at least 30 days’ notice before we remove a feature you pay for, including Alerts or a way of sending, unless a law, carrier, or provider requires a faster change. Separately, we may turn off or pause an Alerts feature (such as email alerts, reminders, staff emergency escalation, or scheduled sends) for one or more agencies at once, without advance notice, when needed to fix a fault, protect sending, keep alerts working, or stop a use that these terms do not allow or that treats it as a personal emergency or lone-worker alarm; we will tell affected agencies promptly and turn it back on when we can. While a feature is off, what depends on it (for example, a scheduled send, a reminder, a staff emergency escalation notice, or an email answer button) may not be sent or recorded. A staff emergency escalation notice that has not gone out when that feature is turned off or paused is normally not sent, even after the feature is turned back on, and we try to email your agency’s admins. A request for help received while the feature was off or paused may never send a notice, and never sends one more than 2 hours after it was given (see section 13). If we stop offering Complete or Alerts, Complete subscriptions move to Essentials at the matching standard or launch price, and we refund the unused, prepaid part of the difference. The removal and stop-offering parts of this paragraph do not apply to a legacy texting plan: it keeps the features it had on October 6, 2026 until your agency cancels it, except where a law, carrier, or provider requires a change. A temporary pause under this paragraph applies to every plan and ends when we turn the feature back on.

We may end your subscription or free trial, or stop offering Care Roster or a plan, with at least 30 days’ notice by email to your agency’s admins and billing contact; stopping Complete or Alerts is handled by the paragraph above instead. A monthly subscription then ends at its first renewal date at least 30 days after our email, and no refund is due. Any other subscription ends on the date in our notice, and we refund the unused part of the price you paid for that period, prorated by day (a plan paid for once, rather than monthly or yearly, counts as paid for 36 months from its start), plus any unused credit, through Lemon Squeezy or, if it cannot, directly. If we end your subscription under this paragraph, we do not have to accept a new one from your agency; if we do, it keeps the price it had. This paragraph does not let us end a legacy texting plan or a complimentary or lifetime plan, or move either to a paid plan; they end only if your agency cancels them or replaces them with another plan, or we stop offering Care Roster to every agency, and in that last case we refund the unused, prepaid part of a legacy texting plan’s current period. Suspending or ending access for a material violation is covered by the first paragraph of this section.

Except where data is removed at your request, for a legal requirement, or under the Lapse paragraph in section 3, ending a subscription or access does not erase your data at once. Lapsed and terminated accounts become read-only with export access, unless the violation makes that unsafe, and are deleted under the Lapse paragraph in section 3; an account whose access we end for a violation is deleted 12 months later in the same way. If we stop offering Care Roster, your agency can still export its data for at least 30 days after the end date in our notice, and we then delete it as section 6 describes.

11. Governing law

These terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state courts in San Joaquin County, California, or the U.S. District Court for the Eastern District of California. Your agency must bring any claim arising out of or relating to these terms or the service, including any claim that an alert, reminder, staff emergency escalation notice, scheduled send, or other message, by any channel, was not sent, was delayed, or was not received, within one year after it knew, or reasonably should have known, of the claim, and in any case within two years after the event the claim is about, to the extent the law allows; a later claim is barred. Your agency may bring a claim only on its own behalf, not as a plaintiff or class member in any class, collective, or representative action, to the extent the law allows.

Judicial reference. Your agency and we agree now that any dispute between your agency and any MortonApps Party that is filed in a California state court, other than in small claims court, will, at the request of either side, be heard by a referee under section 638 of the California Code of Civil Procedure, who will decide the whole dispute, including all issues of fact and law. A side must make its request within 60 days after the first complaint or cross-complaint in the dispute is served, or the request is waived. The referee will be a retired California judge chosen by agreement or, if the sides cannot agree within 15 days after the request, appointed by the court. Each side pays half of the referee’s fees, unless the referee or the court orders otherwise. Your agency and we understand that a dispute heard by a referee is decided by the referee, not a jury.

12. Changes to these terms

If we change these terms, we will update the date at the top of this page, and for any meaningful change we will let your agency’s admins know in Care Roster before it takes effect, and we may also email them, including to ask an admin to accept the updated terms in Care Roster. An admin can accept updated terms only in Care Roster; replying to an email from us does not accept or change these terms. This does not change how updated terms take effect under the next paragraph. Your agency decides who its admins are, and it is bound by the acceptance or confirmation of any of its admins, including an admin who is a contractor, IT provider, or other non-employee. An admin account held by us, by anyone acting for us, or by any of our members or managers in any capacity (including as your agency’s IT provider or contractor) cannot accept for your agency or give the confirmations these terms describe for it, and use by any of them does not count as your agency’s use under this section. Subject to that, by giving someone admin access, your agency authorizes them to accept updated terms, and to give the confirmations these terms describe, on its behalf. The admin also confirms that authority when accepting, including by subscribing or changing your agency’s plan where the screen says that doing so accepts these terms for your agency and confirms the admin is authorized to; that acceptance is recorded when the subscription starts or the plan change takes effect. Subject to the next paragraph, continued use after the effective date means you accept the updated terms. A price change under Price changes in section 3 is not a change to these terms.

This version takes effect for new workspaces on the effective date at the top of this page. For a workspace created before that date, it takes effect when an admin accepts it, when your agency next starts, renews, or changes a subscription, or when your agency keeps using the service 30 days after we first give it notice of this version, whichever comes first; until then, the earlier version applies. We first give that notice when it is first shown in Care Roster to one of your agency’s admins (not an admin account held by us or our people, described above) or, if we email it to your agency’s admins and billing contact before that, when we send that email. The Privacy Policy and Data Processing Addendum updated on the same date take effect for each workspace at the same time.

13. Alerts: text messages, email, and other channels

An agency can send urgent and routine operational, non-marketing messages to its own staff: an emergency closure, a severe-weather delay, a coverage change, or another urgent operational notice. Apart from automatic answers to HELP, STOP, and START, messages go out only at the agency’s direction: when someone using one of its accounts sends one; as a reminder, follow-up, staff emergency escalation notice, or scheduled send the agency set up; or as the one-time welcome text, which we send on the agency’s behalf because it set up that number. Care Roster never sends marketing texts.

• Alerts are not an emergency service. Care Roster, including Alerts and every way it sends them (texts, emails, voice calls, app notifications, and any channel we add later), responses, reminders, staff emergency escalation notices, and the Needs help list, is a tool for reaching your own staff. No channel is guaranteed. It is not a 911 or emergency-dispatch service, a medical or personal-emergency alert system, a lone-worker or check-in monitoring system, or a monitored service. It does not replace your agency’s emergency preparedness plan, the other ways you reach staff, or a call to 911, and using it does not by itself meet 42 CFR 418.113 (hospice), 42 CFR 484.102 (home health), or any other emergency preparedness requirement. Care Roster does not send help. If anyone’s life, health, or safety is at risk, call 911 first.
• Delivery is not guaranteed. No way of sending is guaranteed, whether text, email, voice call, app notification, or any channel we add later. Messages travel through mobile carriers, email providers and spam filters, phone networks, app stores and notification services (such as Apple’s and Google’s), and other providers we do not control. A message can be delayed, filtered, or blocked by any of them, go to a wrong or outdated number, address, or device, or not arrive at all. That can happen for many reasons, including:
  • the recipient opted out, or their email address is on our list of addresses we no longer email (after it bounced or reported email from any of our products as spam);
  • the recipient has no signal, or their device is off, has notifications turned off, or blocks our messages;
  • an outage at a carrier, at our messaging providers, or in Care Roster, a regional disaster, or many agencies sending at once;
  • a sending, rate, or spending limit at a carrier or our messaging providers, or the limit of 5,000 numbers for a single send;
  • a send that waited in a delivery queue behind earlier large sends from your agency or other agencies, or an automatic send that could not start in time and was canceled without being sent;
  • our sending service being unavailable, so that a text or email a person sent was canceled, or a staff emergency escalation notice was retried, sent late, or canceled (see Staff emergency escalation);
  • a scheduled send that could not go out within an hour of its time and was not sent (see Scheduled sends); and
  • sending that was slowed, queued, paused, or declined under section 3 or section 10.
  A text or email a person sends that our sending service cannot accept within 2 hours is canceled, and the sender is told. Staff emergency escalation notices follow their own rule: they are retried for up to 2 hours, marked “Delayed:” if they go out late, and canceled after that, with your agency’s admins emailed (see Staff emergency escalation). Carriers limit how fast texts go out, so a large send can take many minutes, and longer when many agencies, or your agency, have sends in progress; the last recipients get it well after the first. A “sent” or “delivered” status reports what a carrier or email provider told us. It does not mean anyone read the message. The same is true of every email we send about alerts, including emails telling your admins or a sender that a message was declined, delayed, canceled, missed, or limited, or that a staff emergency escalation notice was not sent or reached its limit.
• Responses are not monitored by us. Responses to a message that asks for them go to your agency, as Responses below describes. No one at MortonApps reads, watches, or acts on them for your agency, or passes them on to anyone to act on, and we do not keep the words of a reply. Your agency decides whether and how to watch responses and follow up, including with anyone who asked for help or did not respond. MortonApps does not staff, watch, or answer alerts or responses at any hour. Alarms our own systems send us are for running the service, not for watching over anyone, and we do not act on them for your agency or its staff.
• Keep other ways to reach staff. Your agency is responsible for having other means of reaching staff in an emergency, including anyone who has opted out, has no mobile number or email address on file, does not use a channel we offer, or did not receive or respond to a message. Your agency, not MortonApps, is responsible for the safety of its staff and for deciding whether, when, and how to warn or check on them. MortonApps does not take on any duty your agency owes its staff or anyone else, and owes no duty to the people who receive messages.
• If you receive messages. This bullet is for anyone who receives messages through Care Roster, signs in to it, or opts in to its texts. Care Roster is a tool your agency uses to reach you. It is not an emergency service, and it does not send help. Messages, replies, reminders, and staff emergency escalation notices, by any channel, can be delayed, missed, sent to the wrong person, or never sent or received, and no one at MortonApps watches them or acts on them. If you or anyone else is in danger, call 911. Your agency, not MortonApps, decides who is messaged and is responsible for your safety at work. If your agency uses staff emergency escalation, when you ask for help Care Roster sends your name and the phone number it has for you, which can be your personal number, to the people your agency’s escalation list reaches, and shows them to the people who can see its Needs help list. Who is notified, what that list shows, and whether anyone marks you as addressed depend on your agency’s settings, data, and staff, and can be late, incomplete, or wrong. A mark of “addressed” does not mean anyone reached or helped you. MortonApps owes you no duty about any of these, and, to the fullest extent the law allows, none of the MortonApps Parties is liable to you for them. MortonApps owes you no duty to send, deliver, or act on any message or reply, and, to the fullest extent the law allows, none of the MortonApps Parties is liable to you for harm caused by a message or reply that was delayed, not sent, not received, or not acted on.
• Section 8 applies in full to Alerts. To the fullest extent the law allows, none of the MortonApps Parties is liable for harm caused by: a message, by any channel, that is delayed, filtered, blocked, not delivered, not read, not acted on, or not sent, whatever the cause, including a limit, pause, suspension, or delivery limit these terms allow or describe, an opt-out, a carrier, or anything else outside their reasonable control; a reply or answer that is not received, not shown, delayed, or labeled incorrectly, or that was given with an email’s buttons by someone other than the person it was sent to; a reminder, staff emergency escalation notice, or scheduled send that is not sent, is late, or reaches the wrong person or no one, including because of your agency’s on-call schedules, escalation list, directory (including who each person reports to, in Care Roster or in Microsoft 365), settings, or users; a person marked as addressed, or not marked, for any reason or by anyone, or a mark that is undone; a Needs help list that is late, incomplete, or wrong, or a phone number in a notice or on that list that is wrong or out of date; a scheduled send that reaches different people than when it was scheduled; how Care Roster treats a reply that may be a reply to a staff emergency escalation notice; or a feature that is turned off or paused under section 10.
• Who sends, and from where. Messages are sent by the agency, through Care Roster, from our shared toll-free number, currently +1 888-459-0727, or, once our backup toll-free number is in use, from that number, currently +1 866-425-0755, when the main number cannot send (we will tell you if either changes). Every text begins with “Care Roster” and, where it can, the sending agency’s name, and ends with opt-out instructions.
• Welcome texts. When an agency on a paid plan that can text first sets up a number to receive its texts, the number gets a one-time welcome text explaining what these alerts are, that message frequency varies and message and data rates may apply, and how to reply HELP or STOP. During a free trial, and for numbers already on file before welcome texts began, a number’s first text may be an alert rather than a welcome text. Welcome texts are scheduled for weekdays during business hours in the agency’s time zone, and they do not count toward a legacy plan’s allowance.
• Work phones. An agency may text the work mobile numbers it sets up for its own staff. Before any text is sent, the agency confirms within Care Roster that its work mobile numbers are on devices it owns or issues, or on personal devices the person agreed to use as their work phone, and that those people have been told they may receive texts from it. By accepting these terms, it also represents to us that every number it sets up as a work mobile number meets that test, that the person knows they may receive operational and emergency texts from the agency at that number, and that the person has not asked the agency to stop. When an admin accepts updated terms in Care Roster, the admin also confirms that the numbers marked as work numbers are issued by your agency or approved by your agency for business texts. We rely on this and do not check it.
• Personal phones. A number entered as a personal mobile number receives texts only if the person it belongs to opts in themselves, either when prompted after signing in to Care Roster or on our text opt-in page. An agency can remove a person’s opt-in but can never opt anyone in. Care Roster never requires agreeing to texts, and an agency may not make agreeing to texts on a personal phone a condition of employment, volunteering, or receiving services.
• Your agency’s responsibility for messages. Your agency is the sender of every message sent from its workspace, including emails, follow-ups, reminders, staff emergency escalation notices, and scheduled sends it sets up, and the welcome text to each number it sets up. It is responsible for each message’s content, including any wording Care Roster provides or adds, whether or not your agency can change or remove it (such as default reply choices, reply instructions, the “In an emergency, call 911.” line added to alerts that offer an urgent reply, and staff emergency escalation notices), its recipients, and its compliance with the law. That includes the Telephone Consumer Protection Act, state texting and calling laws, employment and wage-and-hour laws (for example, off-hours messages and requests to reply), and carrier rules. Your agency will: set up to receive alerts only the mobile numbers and email addresses of its own current staff; keep its on-call schedules, escalation paths, escalation list, and the record of who each person reports to (in Care Roster or in Microsoft 365) current; check that each number and email address is correct and is used only by the person it is listed for (not a shared or group mailbox); remove a number or address in Care Roster, and take the person off on-call schedules, escalation paths, and the escalation list, promptly when a person leaves, a number or address changes, or a person asks your agency, in any way, to stop texting them; tell its staff that Care Roster is not an emergency service, that messages, by any channel, can be delayed or fail, that reminders and staff emergency escalation notices may not be sent, and that a reply or answer, including one such as “I need help,” reaches only your agency, can be delayed or missed, and does not call for emergency help, so anyone in danger must call 911; tell the people its escalation list can reach that staff emergency escalation notices are one-way and not to reply; and tell its staff that when they ask for help, Care Roster sends their name and phone number (which can be personal) to everyone the escalation list reaches and shows them to everyone who can see the Needs help list.
• Responses. When sending, an agency can ask recipients to answer 1 for “I’m OK” or 2 for “I need help.” An older alert, or a follow-up to one, may instead ask recipients to confirm or offer other numbered choices. Whether an alert asks for responses, and which choices it offers, is the sender’s choice, whatever Care Roster suggests by default. Care Roster may add “In an emergency, call 911.” to an alert, but does not promise to; whether or not it appears, your agency is responsible for telling its staff to call 911 in an emergency. Texts carry no thread, so Care Roster shows a reply against your agency’s most recent message to that person that asked for responses and was sent in the last 7 days, which may not be the message the person was answering: a reply meant for an earlier alert, for a one-way alert, or for a staff emergency escalation notice can show on another alert, earlier or later, possibly as “Confirmed” or as one of its choices.
  • For a confirmation request, a reply that contains the word “help,” or starts with INFO, is flagged as “asked for help” instead of as a confirmation, and Care Roster labels other replies “Confirmed,” which means only that a reply arrived, not that the person read the alert or is safe.
  • For a numbered choice, a reply that starts with one of the listed numbers on its own (for example “2” or “2 at home,” but not “12 people”) records that choice, and if a person sends more than one, the latest is shown; a choice the agency marked as urgent (such as “I need help”) stays flagged even if the person later picks another. A reply that contains the word “help,” or starts with INFO, counts as the alert’s urgent choice if it has one (except as the next bullet describes) and is otherwise flagged as “asked for help”; it never counts as any other choice. Any other reply, including words, a number that was not listed, an emoji, or a picture, is shown only as “replied, didn’t choose,” never as a choice or as OK.
  • If Care Roster sent a staff emergency escalation notice to a number, a reply from that number that contains the word “help,” or starts with INFO, and arrives within 30 minutes after the notice may be a reply to the notice rather than a request for help. Care Roster still records it and shows it on the alert, flagged for your agency to check on that person, and someone at your agency can mark it as addressed, but it sends no staff emergency escalation notice. A later reply, or one after a notice that was canceled or never sent, is treated like any other reply, and a numbered answer always counts as that person’s own. A reply that is both an opt-out and a request for help or a choice (for example, “2 stop”) is treated as both, so that person can then be reached only by phone, email, or in person. A reply from a number that had no message from your agency asking for responses in the last 7 days, and a reply we cannot match to one agency (for example, when another agency or service texted that number after yours), is not shown to anyone, even if it asks for help; only its effect as an opt-out or opt-in, and the automatic answer to a reply of just HELP, still apply.
  • Care Roster cannot tell “I’m safe” from “I’m trapped,” a person can press the wrong number, and Care Roster can miss or mislabel a request for help, including one worded another way. No response does not mean a person is safe or unsafe. An answer such as “I need help” tells only your agency, and only once Care Roster receives it; it does not send help. A recorded answer shows only that a reply came from that person’s number, or that an answer was given with a button or link sent to that person (by email or another channel); it does not show who sent or pressed it, or that the answer is true. Do not rely on a text reply to get emergency help; call 911.
  • A reply of just HELP gets an automatic text with our support contact. A reply that contains the word “stop,” or starts with STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, OPT-OUT, or REVOKE (or another opt-out word a carrier or our messaging providers recognize), is an opt-out; if it starts with a listed number, the choice is recorded too.
  • We never keep a reply’s words, and no person at MortonApps answers or acts on a response. Someone at your agency can mark a person who asked for help as addressed, and undo that (on the alert, or under Needs help where staff emergency escalation is on). This changes nothing about the response itself and sends nothing to anyone. “Addressed” means only that someone at your agency pressed it: Care Roster does not check whether anyone reached or helped the person, and a mark does not mean they are safe. Tell your staff this.
• What to expect. Message frequency varies with events at your agency and is usually low. Message and data rates may apply, charged by the recipient’s mobile carrier.
• Opting out. Reply STOP, or one of the other opt-out words under Responses, to any text to stop receiving texts at that number. We stop texting a number promptly after it opts out, normally at once. An opt-out applies to every agency on Care Roster, including their urgent alerts, and cannot be overridden by an agency. An opt-out sent to any of our numbers, including in reply to texts from our other services, counts here too. The number gets no more texts until the person texts START or YES (or another opt-in word a carrier or our messaging providers recognize) to each of our numbers they opted out at. A number a carrier reports as invalid or as blocking our texts is not texted again. Care Roster shows your agency which of its staff cannot be texted. Reply HELP for our support contact, or email [email protected]. Other replies are not read or answered.
• No sharing. We never sell or rent mobile phone numbers or SMS consent information, and never share them with anyone for marketing. They are used only to deliver the agency’s messages, to honor opt-outs, to keep the records described in section 6, to operate, support, and maintain the service, and for the disclosures below. Our primary messaging provider handles them only to deliver those messages, under contract. If our backup carrier, Telnyx, carries a message, it may also use them for its own purposes, as our Privacy Policy describes. Our other providers listed there may see them only while helping us operate, support, or maintain the service, except that our AI provider may also keep and use what we send it under its own terms, as our Privacy Policy describes. We may show consent and opt-out records, and records of what was sent and when, to carriers, our messaging providers, or regulators when needed for compliance or to answer a complaint, including while your agency is active. We may also disclose them as section 6 describes, or when the law requires.
• Email alerts. An agency can also send an alert by email to the staff email addresses in its directory. Email alerts are sent from the agency through Care Roster, and a reply to one goes to an email address at your agency (its configured address, or the sender’s or an admin’s); we do not read or keep it. They do not count toward any text allowance or Heavy use, or toward the Fair use limits on texts, but we may slow, queue, or pause an agency’s email alerts if they draw spam complaints or bounce heavily, or if our email-sending provider requires it, and we will tell the agency promptly. If an alert asks for a response, each email carries answer buttons, personal to that person and that alert, that work without signing in until the alert stops taking responses, the feature is paused, or the account becomes read-only; pressing one records the answer and its time, the latest answer counts, and an answer asking for help stays flagged even if it is changed later. Anyone who has the email can use its buttons, so a forwarded email answers as the person it was sent to. Replying to the email does not record an answer. Emails can be delayed, filtered as spam, bounced, or not read; the Delivery is not guaranteed and Responses are not monitored by us bullets apply to them as to texts.
• Scheduled sends. An agency can schedule an alert up to 90 days ahead, in the time zone set for the agency. Nothing is sent or counted when it is scheduled. At its time it goes out only if the person who scheduled it can still send alerts for the agency, texting is still on (for a text), the features it uses are still on for the agency, your agency has accepted the terms for automated sends, and the account is active, and the people it reaches, their numbers and addresses, and the texts it uses are worked out then, from the directory and on-call schedule as they are at that moment, so it may reach different people than when it was scheduled. Anyone who can send alerts for the agency can change or cancel it until it goes out. If it cannot go out within an hour of its scheduled time, for example during an outage or while the account is read-only, it is not sent, and the person who scheduled it (or, if they can no longer be reached, the agency’s admins) is emailed. If its texts are declined under section 3, its emails still go out and your agency’s admins are emailed; if it has no emails to send, it is not sent, and the person who scheduled it is emailed in the same way.
• Staff emergency escalation. Staff emergency escalation is a notification feature named for what your agency uses it for; it is not an emergency service and does not send help. A notice can be delayed, missed, or go to the wrong person, so it does not replace your agency’s own on-call procedures; for an emergency, call 911.
  • Who is notified. Your agency has one escalation list, which an admin sets up in Settings and everyone at your agency can see on the Emergency page. While it is on, when Care Roster receives an answer with an urgent choice (such as “I need help”) or a request for help, on any alert (except as Responses describes for a reply after a notice), it sends a notice to everyone on the list at that moment together, without waiting for anyone: one notice to each person, on each channel that can reach them (text, email, and Care Roster app notification). Nobody is asked to acknowledge a notice. Care Roster notifies the list once about each person on each alert: a later answer or request for help from the same person on the same alert sends no notice, unless that person is marked as addressed when it arrives (and then only within the limit under Limits). A person the list reaches more than once gets one notice, and the person who asked for help is not notified about themselves. A notice can name several people who asked for help on the same alert at about the same time. An answer given before staff emergency escalation was turned on for your agency, or while it was off or paused, may never send a notice (see section 10). A text reply can take a few minutes to reach Care Roster, and notices sent together can arrive at different times or not at all. Staff emergency escalation notices are one-way messages that name the people they are about (up to five in one notice, with how many more) and give the phone number Care Roster has for each person they name (a mobile number first, which can be a personal number), even to people who could not otherwise see that number in Care Roster. An app notification says only your agency’s name and that someone needs help. A reply to a notice is not an answer to it.
  • Late notices. A notice is due when the answer or request for help is given (for a text reply, when it reaches our sending service). Whatever makes it late (for example, the account was read-only, the feature was off or paused, Care Roster was down, or many notices were waiting their turn), a notice Care Roster first tries to send 5 minutes or more after it was due begins with “Delayed:” so the people it reaches can tell it is late. A notice that is more than 2 hours past due by then is not sent. Care Roster shows such a notice on the alert as not escalated, and we try to email the alert’s sender and your agency’s admins, unless the answer is more than 8 days old by then. A notice that has not gone out when the feature is turned off or paused is not sent, as section 10 describes. If our sending service is unavailable, we try to send a notice again for up to 2 hours after the first try, and one that goes out 5 minutes or more after the first try is marked “Delayed:” in the same way. One we still cannot send by then is canceled and is not sent again; we try to email your agency’s admins, but that email can fail in the same outage. Nothing is sent while Care Roster itself is down. A notice can also arrive late without that word, for example when a carrier is slow.
  • The escalation list. The list can name on-call rotations, “the responder’s supervisor” (the supervisor of the person who asked for help), and staff in your directory. For an on-call rotation, Care Roster notifies whoever your on-call schedule in Care Roster, including temporary coverage, says is on call at that moment; it does not know who is actually available. For the responder’s supervisor, Care Roster notifies the person it finds as their manager: for a contact synced from Microsoft 365, the manager Microsoft 365 names for them, matched by that manager’s Microsoft 365 object ID, unless someone at your agency changed that contact’s manager by hand; otherwise, the one staff member in your directory whose name matches the manager name in your directory. If more than one staff member has that name, the entry reaches nobody. The person Care Roster finds can differ from what your directory shows, or be wrong, if your directory or Microsoft 365 is. Care Roster adds your agency’s admins when the list has no entries, or when any entry reaches nobody: it names no one Care Roster can find at that moment (for example, nobody is on call for that rotation, or the person who asked for help has no manager on file or their manager is not in your directory), it would reach only the person who asked for help, or the person it names has no number Care Roster may text, no email address, and no Care Roster app. An admin with no staff contact in your directory, or whose contact has no email address, is emailed at the address they sign in with. If no one but the person who asked for help can be sent a notice, none is sent; Care Roster records that, shows it on the Needs help list, and shows your admins a warning in Settings and on the Emergency page. Care Roster never texts, calls, or otherwise contacts a name or number typed by hand, or a contact outside your agency (such as a Microsoft 365 contact from another organization), and they cannot be added to the list. Who is notified depends on your directory, on-call schedule, and Microsoft 365 data being right and current.
  • Accounts held by us. An admin account that section 12 says cannot accept these terms for your agency (one held by us, by anyone acting for us, or by any of our members or managers) is not one of your agency’s admins for staff emergency escalation. We mark such accounts ourselves. Care Roster does not add a marked account to a notice as one of your admins, does not email it about staff emergency escalation, does not show it the Needs help list, and does not let it mark anyone as addressed, and its own directory contact cannot be added to the escalation list. Its confirmation under Automation needs your acceptance does not count. If a person with such an account still receives a notice (for example, because your on-call schedule names their directory contact) or sees the Needs help list, they do so only for your agency, and that does not mean MortonApps watches, receives, or acts on alerts or responses.
  • Needs help. While staff emergency escalation is on for your agency, the Emergency page can show a Needs help list of people who recently asked for help (up to the last 8 days), with when, on which alert, and the phone number Care Roster has for them (normally the same number the notice gave). It shows at most 1,000 people still waiting and the 200 most recently marked as addressed, on at most 50 alerts, so in a large event it may not show everyone. Your agency’s admins, the staff the escalation list names, and everyone who is a current member of, or is covering, an on-call rotation on the list see everyone on it, even if they were not the one notified. When the list includes the responder’s supervisor, a supervisor who cannot see it for another reason sees only the people who report to them. Except for admins, a person sees it only when signed in with an account linked to their own directory contact. No one else at your agency sees the Needs help list (people who can send alerts still see who asked for help on the alert itself), and anyone your agency adds to a rotation on the list can see it. Anyone who can see a person there can mark that person as addressed or undo it, unless their account is read-only; people who send alerts can also do it on the alert. Care Roster logs each mark and each undo, with who did it and when, as Care Roster received it. If that person asks for help again on the same alert while marked as addressed, the escalation list is notified again (see Limits). The Needs help list can be late, incomplete, or wrong for any reason, including those under Responses, the limit on how many people it shows, and your directory, on-call schedule, or Microsoft 365 data. Care Roster does not watch it, does not tell anyone when a person stays on it, and sends no reminder. It does not replace checking on your staff directly.
  • Limits and read-only accounts. Care Roster notifies the escalation list about the same person on the same alert at most 3 times, counting any notice that was sent but not delivered. After the third, a later request for help from that person on that alert is shown in Care Roster but notifies no one on the list, and we try to email your agency’s admins about each person held back. No limit in section 3 declines a staff emergency escalation notice. Staff emergency escalation does not run while the account is read-only.
  • Escalation paths. The escalation list is separate from the escalation paths on the Escalation tab. Those paths are a reference list your staff follow by hand. Staff emergency escalation never uses them (an admin can copy a path’s people into the escalation list, but the list does not change when the path does), and nothing automated can be aimed at them: an alert to a path cannot be scheduled, so it goes out only when someone at your agency sends it. A person on a path can still get automated messages through a group, rotation, or escalation list they are also on.
• Automation needs your acceptance. Scheduled sends and staff emergency escalation run for your agency only once it has accepted the version of these terms that describes them: at signup, or when an admin accepts it in Care Roster, including by subscribing or changing plans where the screen says that doing so accepts these terms for your agency (see section 12). Taking effect under the 30-day notice in section 12, or at a renewal, is not enough to turn them on. Nothing else waits for it: an alert a person sends, its responses, email alerts, reply choices, and groups work without it. Staff emergency escalation does not run for your agency until an admin confirms, in a checkbox shown on the escalation list in Settings whenever no admin has confirmed the current wording (the list cannot be saved without it): that they are authorized to do so for your agency; that Care Roster alerts, including staff emergency escalation, are not an emergency service and do not replace 911; that delivery by any channel is not guaranteed; that no one at MortonApps reads or watches replies, and Care Roster can miss, delay, or mislabel a request for help; that your agency is responsible for its own emergency procedures and will tell its staff these things; that your agency keeps its escalation list and the record of who each person reports to current, and has told its staff that their name and phone number, which can be personal, go to the people the list reaches; and that your agency covers claims about Care Roster, including claims by its own staff, as section 9 describes. We record who confirmed, when, which wording, how, and the IP address and browser they used. Until an admin has confirmed the current wording, and until your agency has accepted the version of these terms that describes staff emergency escalation, a request for help sends no notice, even after the confirmation or acceptance is given, and we try to email your agency’s admins about it once a day.
• Other ways of sending. Everything in these terms not specific to texts or email applies to app notifications, and to any other way of sending alerts we add, such as voice calls, including sections 7, 8, 9, and 11 and the parts of this section about emergencies, delivery, responses, and staff emergency escalation. We will publish any rules specific to a new way of sending, such as consent for automated voice calls, before it launches.

14. General

• Entire agreement. These terms, the Data Processing Addendum, the order details shown at checkout, and any written agreement signed by your agency and us are the whole agreement between your agency and us about the service. A written agreement signed by your agency and us means a document that says it adds to or changes these terms and is signed by your agency and, for us, by our manager or an authorized officer. Apart from what these terms themselves let us agree or tell your agency in writing (such as a plan agreed outside checkout under section 3), nothing else adds to or changes these terms, even if we sign it, reply to it, or act on it, including a purchase order, invoice, vendor form or questionnaire, business associate agreement, policy, or email. Our Privacy Policy explains how we handle personal information; it is part of this agreement only where these terms or the Data Processing Addendum refer to it for a specific point, such as the list of subprocessors or how long we keep data. Our website, marketing, and sales materials describe the service but do not add promises to it.
• Order of documents. If these documents conflict, a written agreement signed by your agency and us controls on what it covers. Otherwise, these terms control on liability (sections 7, 8, 9, and 13), on keeping and disclosing text-messaging records (sections 6 and 13), on keeping and disclosing acceptance and acknowledgment records (section 6), on usage and aggregated data (section 14), and on consent for work phones (section 13). On everything else about how we handle personal data, the Data Processing Addendum controls, then the Privacy Policy, but the Privacy Policy only on the points for which these terms or the Data Processing Addendum refer to it. On anything else, these terms control.
• No third-party beneficiaries. No one other than your agency and us, including your staff or anyone who receives a message, has rights under these terms, except that the MortonApps Parties may rely on sections 7, 8, 9, 11, and 13, and Apple may enforce section 16 as it describes. A person who signs in to Care Roster or opts in to its texts accepts the If you receive messages bullet in section 13, and a person who uses the Care Roster app accepts section 16; neither gets any other rights under these terms.
• Survival. Sections 6 (the exceptions to deletion), 7, 8, 9, 11, 13 (for messages already sent), 16 (except the license), and 14 (except Emails about our products, which ends when the account is deleted), and any unpaid fees, survive the end of a subscription, an account, or these terms.
• Notices. We give notice by email to your agency’s admins or billing contact, or in the app, and notice is given when sent (for notice of a change to these terms, as section 12 describes). If an email to one of them bounces or cannot be sent, notice is given when we send it to another of them or post it in the app. Unsubscribing from emails about our products does not stop notices. Keep at least one admin’s email address current and able to receive our email.
• Emails about our products. We may occasionally email your agency’s admins about Care Roster plans and our other products, but only if your agency signed up on or after October 6, 2026, or an admin accepted our terms in a version effective on or after that date. Each such email has an unsubscribe link, and one unsubscribe stops all of our promotional emails, about every product, to that address. If your agency asks us in writing, we will stop them for all its admins. Service emails, such as billing, security, account and trial notices, and notices under these terms, do not promote anything, and unsubscribing does not stop them.
• Ownership and license. We and our licensors own Care Roster, including its software, design, and documentation, and all rights in them, except your agency’s data. While your agency’s trial, subscription, or plan is active, and while its account is read-only, we give it a limited, non-exclusive, non-transferable right to use the service for its own operations under these terms. Your agency may not copy, modify, reverse engineer, or (except under a written agreement with us) resell the service, use it to build a competing product, or let anyone else do so.
• Feedback. If your agency or its users send us ideas, suggestions, or feedback, we may use them for any purpose without paying or crediting anyone, and we own what we build from them.
• Usage and aggregated data. We may collect and use information about how the service is used and performs (such as feature use, sending volumes, delivery results, timing, and errors). Where that information identifies a person, we use it only to run, secure, support, and improve Care Roster and to set and enforce fair use, and it stays your agency’s data under section 6 and the Data Processing Addendum. We may also create data that we aggregate or de-identify so that it does not identify your agency or any person, and we will not try to re-identify it. We own that aggregated and de-identified data and may use it for any purpose, including to improve our other products and to publish statistics. This does not let us sell your agency’s data or use its directory for advertising.
• Assignment. We may transfer these terms, without your agency’s consent, to an affiliate or to a successor in a merger, acquisition, reorganization, or sale of all or part of the service, by notice to your agency’s admins. From the date in that notice, “we” and “us” in these terms, the Privacy Policy, and the Data Processing Addendum mean the party that then holds these terms, and your agency’s claims about anything that happens after that date may be brought only against that party. Your agency may not transfer them without our written consent.
• No waiver. If we do not enforce a part of these terms, we have not waived it.
• Severability. If part of these terms cannot be enforced, the rest still applies, and that part is enforced as far as the law allows.

15. Contact

Questions about these terms, your account, or your data: [email protected]. Help with a text from Care Roster: [email protected] (Hospice Apps is a MortonApps LLC brand).

16. The Care Roster app

This section applies to the Care Roster app for phones and tablets, and to each person who uses it (an “app user”).

• License. While your agency’s account is active or read-only, we give each app user a limited, non-exclusive, non-transferable, revocable license to install and use the app on phones and tablets they own or control, only to use Care Roster under your agency’s account and these terms. For an app downloaded from Apple’s App Store, the license covers only Apple-branded devices the app user owns or controls, as Apple’s Usage Rules permit. The license ends when the app user’s access to Care Roster ends.
• App notifications are not guaranteed. An app notification is one more way of sending under section 13, and everything section 13 says about emergencies and delivery applies to it. It can be late or never appear, for example when the device is off or offline, or notifications are turned off or silenced. The app is not an emergency service. If anyone is in danger, call 911.
• The copy on the device. The app can keep an encrypted copy of what the app user can see in Care Roster on the device, so it works without a signal, as our Privacy Policy describes. That copy can be out of date. The devices your agency’s staff use, and what is on them, are your agency’s responsibility: require a screen lock, and when a device is lost or a person leaves, remove their access in Care Roster.
• Updates. We may update the app, and an older version may stop working until it is updated.
• App stores. For an app user, these terms mean this section and the If you receive messages bullet in section 13. These terms are between your agency, its app users, and us, and not with Apple or Google. We, not Apple or Google, are responsible for the app and its content. App users must also follow the terms of the app store they got the app from and of their wireless carrier and data plan.
• Our limits apply. The disclaimers and limits in sections 7 and 8, and section 11, apply to the app and to any claim by an app user, as far as the law allows.
• Apple. For an app downloaded from Apple’s App Store:
  • We, not Apple, provide any maintenance and support for the app, and Apple has no obligation to provide any.
  • Any product warranty for the app, whether given in these terms or implied by law, is ours alone and not Apple’s, to the extent section 7 does not effectively disclaim it. If the app fails to meet a warranty that applies, the app user may tell Apple, and Apple will refund the purchase price, if any (the app is free). To the extent the law allows, Apple has no other warranty obligation for the app, and, as between Apple and us, any other claims, losses, liabilities, damages, costs, or expenses from a failure to meet a warranty are ours alone, subject to these terms, including sections 7, 8, and 9.
  • As between Apple and us, we, not Apple, are responsible for addressing any claim by an app user or anyone else about the app or its use, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws, subject to these terms, including sections 7, 8, and 9, as far as the law allows.
  • As between Apple and us, if anyone claims that the app or its use infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging the claim.
  • Each app user confirms that they are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated a “terrorist supporting” country, and that they are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of this section, and once an app user accepts these terms, Apple may enforce this section against them.
• Questions, complaints, or claims about the app: MortonApps LLC, 4069 Dale Rd, Apt D, Modesto, CA 95356, [email protected].

See also our Privacy Policy.