Terms of Service

1. Agreement to Terms

By accessing or using HealthSquire ("the Platform," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and HealthSquire. Please read them carefully before using our services.

2. Description of Service

HealthSquire is a healthcare staffing marketplace platform that connects qualified healthcare professionals (including nurses, physicians, physical therapists, occupational therapists, respiratory therapists, and other clinicians) with healthcare facilities. Our services include:

• Per-diem shift posting, browsing, application, and acceptance
• Travel assignment posting and applications
• Remote work opportunity posting and applications
• Job postings and applications
• Continuing education (CE) courses, learning paths, and credit tracking
• Shift-to-hire programs (converting shift work into employment offers)
• Enterprise solutions (VMS, requisitions, workforce planning, credentialing)
• Matching and recommendations between professionals and opportunities
• Payment processing, payout management, and instant pay options
• Credential verification, background checks, and exclusion screening (OIG, SAM)
• HIPAA-compliant tools, including Business Associate Agreement (BAA) generation and management
• Communication tools between professionals and facilities
• Rating and review system
• API and integrations for authorized partners

3. Eligibility and Account Registration

3.1 Eligibility

To use HealthSquire, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Be a licensed healthcare professional (for professionals) or authorized representative of a healthcare facility or enterprise
• Comply with all applicable laws and regulations
• Not be prohibited from using the Platform under applicable law

3.2 Account Registration

To create an account, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.3 Account Types

• Professional Accounts: For licensed healthcare professionals seeking shifts, travel assignments, remote work, jobs, and continuing education
• Facility Accounts: For healthcare facilities posting shifts, travel assignments, and hiring professionals
• Enterprise Accounts: For organizations using enterprise features (VMS, requisitions, credentialing, workforce planning)
• Admin Accounts: For platform administrators (by invitation only)

4. User Responsibilities

4.1 Professional Responsibilities

As a healthcare professional using the Platform, you agree to:

• Maintain current, valid professional licenses and certifications
• Provide accurate information about your qualifications, experience, and availability
• Arrive on time for assigned shifts and complete them as scheduled
• Comply with all facility policies and procedures
• Maintain professional conduct and patient confidentiality (HIPAA compliance)
• Notify facilities promptly if you cannot fulfill a shift commitment
• Complete required background checks and credential verification

4.2 Facility Responsibilities

As a facility using the Platform, you agree to:

• Provide accurate information about your facility and shift requirements
• Post shifts with accurate descriptions, requirements, and compensation
• Process payments promptly according to our payment terms
• Provide a safe working environment for nurses
• Comply with all employment and labor laws
• Maintain professional conduct and respect for nurses
• Respond promptly to shift applications and communications

4.3 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Post false, misleading, or fraudulent information
• Harass, abuse, or harm other users
• Attempt to circumvent payment or fees
• Use the Platform for any illegal or unauthorized purpose
• Interfere with or disrupt the Platform's operation
• Create multiple accounts to avoid restrictions or fees
• Share your account credentials with others
• Use automated systems to access the Platform without authorization

5. Shift Posting and Acceptance

5.1 Shift Posting

Facilities may post shifts on the Platform with the following requirements:

• Accurate shift details (date, time, location, requirements)
• Fair and competitive compensation rates
• Clear job requirements and expectations
• Compliance with applicable labor laws

5.2 Shift Application and Acceptance

Nurses may apply for shifts, and facilities may accept or reject applications at their discretion. Once a shift is accepted, both parties are bound by the shift agreement.

5.3 Cancellation Policy

• Nurse Cancellation: Nurses may cancel shifts with at least 24 hours notice. Late cancellations may result in penalties or account restrictions.
• Facility Cancellation: Facilities may cancel shifts with at least 48 hours notice. Late cancellations may require payment of a cancellation fee to the nurse.
• No-Show Policy: No-shows without proper cancellation may result in account suspension or termination.

6. Payments and Fees

6.1 Payment Processing

All payments are processed securely through our certified payment processor. Facilities are responsible for payment of shift fees, and nurses receive payment according to the agreed-upon rate.

6.2 Platform Fees

• Facility Fees: Facilities pay a platform fee (typically 15% of shift value) for each completed shift
• Nurse Earnings: Nurses receive 85% of the shift rate (industry-leading rate)
• Payment Timing: Nurses receive payment within 2-3 business days of shift completion (Instant Pay available for same-day access)

6.3 Refunds

Refund requests are handled on a case-by-case basis. Refunds may be issued for cancelled shifts, service failures, or other qualifying circumstances as determined by our refund policy.

6.4 Disputes

Payment disputes should be reported immediately. We will investigate disputes and work to resolve them fairly. Both parties agree to cooperate in dispute resolution.

7. Intellectual Property

The Platform and its original content, features, and functionality are owned by HealthSquire and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of content you post on the Platform, but grant us a license to use, display, and distribute your content in connection with operating the Platform.

8. HIPAA Compliance

HealthSquire is committed to HIPAA compliance. All users must comply with HIPAA regulations when handling Protected Health Information (PHI). By using the Platform, you agree to:

• Maintain patient confidentiality
• Use PHI only for authorized purposes
• Implement appropriate safeguards to protect PHI
• Report any security incidents or breaches immediately
• Comply with all HIPAA requirements and regulations

Violations of HIPAA may result in immediate account termination and legal action.

9. Ratings and Reviews

Our Platform includes a rating and review system. You agree to:

• Provide honest, accurate, and fair ratings and reviews
• Not post false, defamatory, or malicious reviews
• Respect the privacy of others in your reviews
• Not manipulate or game the rating system

We reserve the right to remove ratings and reviews that violate these Terms or our content policies.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our policies
• You engage in fraudulent, illegal, or harmful activities
• You fail to pay fees or charges when due
• You breach HIPAA or other regulatory requirements
• We determine termination is necessary to protect the Platform or other users

10.3 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. We may delete your account and data, subject to legal and regulatory retention requirements. Outstanding payments and obligations will survive termination.

11. Independent Contractor Relationship

11.1 Professional Classification

Healthcare professionals who use the Platform to accept shifts, travel assignments, or remote work are independent contractors, not employees of HealthSquire or of the facilities that post opportunities (unless a separate employment or shift-to-hire agreement exists between the professional and the facility). Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship betweenHealthSquire and any professional.

11.2 Contractor Obligations

As an independent contractor, you acknowledge and agree that:

• You are solely responsible for all tax obligations, including self-employment taxes, income tax withholding, and estimated tax payments
• HealthSquire will issue a 1099-NEC form for earnings of $600 or more in a calendar year as required by the IRS
• You are not entitled to employee benefits from HealthSquire, including health insurance, retirement plans, workers' compensation, or unemployment benefits
• You retain the right to accept or decline any shift opportunity and to work for other platforms or employers simultaneously
• You control the manner and means by which you perform professional services, subject to applicable scope-of-practice regulations and facility policies
• You are responsible for maintaining your own professional liability insurance

11.3 Worker Classification Compliance

HealthSquire complies with all applicable federal, state, and local laws regarding worker classification, including the IRS guidelines (20-factor test), the ABC test (California AB5 and similar state statutes), and the economic reality test. If any regulatory authority determines that a different classification is required, HealthSquire will comply with such determination prospectively.

12. Insurance and Liability Requirements

12.1 Professional Liability Insurance

All healthcare professionals using the Platform are strongly encouraged to maintain individual professional liability (malpractice) insurance with minimum coverage of $1,000,000 per occurrence and $3,000,000 aggregate. While HealthSquire maintains a supplemental group professional liability policy covering professionals during shifts obtained through the Platform, this coverage is secondary and should not be relied upon as your sole coverage.

12.2 Facility Insurance

Facilities must maintain current general liability insurance, professional liability insurance, and workers' compensation insurance as required by applicable state law. Facilities agree to provide proof of insurance upon request.

12.3 Incident Reporting

All workplace injuries, safety incidents, and liability events occurring during shifts obtained through the Platform must be reported to HealthSquire within 24 hours through the in-platform incident reporting system. Failure to report incidents may affect coverage eligibility and may result in account restrictions.

13. Background Checks and Credential Verification

13.1 Consent to Background Checks

By registering as a healthcare professional on HealthSquire, you consent to background screening conducted by our authorized FCRA-compliant third-party screening provider in compliance with the Fair Credit Reporting Act (FCRA). Background checks may include:

• Criminal history records (federal, state, and county)
• Sex offender registry checks
• Healthcare sanctions and exclusions (e.g., OIG LEIE, SAM.gov, state Medicaid exclusion lists)
• Professional license verification
• National Provider Identifier (NPI) verification
• Employment history verification

13.2 FCRA Rights

You have rights under the FCRA, including the right to receive a copy of your background check report, the right to dispute inaccurate information, and the right to be notified before any adverse action is taken based on the report. A separate FCRA disclosure and authorization form is provided during the registration process.

13.3 Ongoing Credential Monitoring

HealthSquire performs ongoing monitoring of professional licenses and exclusion databases. You agree to promptly notify HealthSquire of any changes to your licensure status, disciplinary actions, criminal charges or convictions, or any exclusion from federal or state healthcare programs.

14. Electronic Communications Consent

By using the Platform, you consent to receive electronic communications from HealthSquire, including:

• Transactional emails related to shifts, payments, and account activity
• Push notifications for shift alerts, messages, and time-sensitive updates
• SMS/text messages for shift confirmations, reminders, and two-factor authentication
• Marketing communications about Platform features and opportunities (you may opt out at any time)
• Legal notices, policy updates, and compliance-related communications

You agree that electronic communications satisfy any legal requirement that communications be in writing. Standard message and data rates may apply to SMS communications. You may manage your notification preferences in your account settings or by replying STOP to text messages.

15. Referral Program

15.1 Program Terms

HealthSquire may offer referral bonuses to users who refer new healthcare professionals or facilities to the Platform. Referral rewards are subject to the following conditions:

• The referred user must complete registration and meet all eligibility requirements
• The referred user must complete their first qualifying shift (for professionals) or post their first shift (for facilities)
• Referral rewards are paid per the schedule published on the Platform and may be modified at any time
• Self-referrals, duplicate referrals, and fraudulent referrals are prohibited and will result in forfeiture of rewards and potential account termination

15.2 Anti-Kickback Compliance

The referral program is designed to comply with all applicable anti-kickback statutes and healthcare fraud laws. Referral bonuses are fixed amounts not tied to the volume or value of healthcare services. Nothing in this program should be construed as an inducement to refer patients, order services, or make healthcare decisions based on financial incentive.

16. API and Integration Terms

If you access the HealthSquire API or integrations, the following additional terms apply:

• API access is granted solely for the purpose of integrating with the Platform in accordance with our API documentation
• You must not exceed published rate limits or use the API in a manner that degrades performance for other users
• API keys are confidential and must not be shared, published, or embedded in client-side code
• You must implement reasonable security measures to protect API credentials and transmitted data
• HealthSquire may revoke API access at any time for violations of these terms or for any other reason
• We may modify, deprecate, or discontinue API endpoints with reasonable notice

17. Disclaimers and Limitation of Liability

17.1 Service Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

17.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHSQUIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

17.3 No Employment Relationship

HealthSquire is a marketplace platform. We do not employ healthcare professionals or facilities. Professionals are independent contractors, and facilities are responsible for their own employment relationships and compliance with labor laws.

18. Indemnification

You agree to indemnify, defend, and hold harmless HealthSquire, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

19. Dispute Resolution

19.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. We will try to resolve disputes in good faith within 30 days.

19.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

19.3 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action or consolidated proceeding.

20. Force Majeure

Neither HealthSquire nor any user shall be liable for any failure or delay in performing obligations under these Terms due to causes beyond their reasonable control, including but not limited to: acts of God, natural disasters, pandemics or epidemics, government actions or orders, war or terrorism, labor disputes, power outages, internet or telecommunications failures, cyberattacks, or any other event that could not have been reasonably foreseen or prevented. The affected party shall promptly notify the other party and use commercially reasonable efforts to mitigate the effects and resume performance.

21. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For material changes that significantly affect your rights or obligations, we will provide at least 30 days' notice via email or in-platform notification before the changes take effect. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and close your account.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal proceedings arising out of or related to these Terms that are not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

23. Additional Legal Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and HealthSquire regarding the Platform and supersede all prior agreements and understandings.

23.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

23.3 Waiver

The failure of HealthSquire to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by HealthSquire.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of HealthSquire. HealthSquire may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

24. Contact Information

If you have questions about these Terms, please contact us: