Terms of Service & End-User License Agreement
By downloading or using Callwell ("the App"), you agree to these Terms. If you do not agree, do not use the App.
1. License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, per the Apple Media Services / App Store terms and Apple's standard Licensed Application End User License Agreement (the "Apple Standard EULA"), which is incorporated by reference. Where these Terms are more protective of you than the Apple Standard EULA, these Terms control only to the extent permitted.
2. What the App is
The App is an administrative scheduling assistant that helps generate, edit, and share on-call/shift schedules and manage time-off requests. It is a tool that supports human decisions.
3. Accounts, groups, and the admin PIN
Group administrators/chiefs control a team's schedule and settings, protected by a PIN. You are responsible for safeguarding your PIN and for actions taken under your team. You must have authority to manage the schedule information you enter for others.
4. No patient information (PHI) — important
The App is a workforce-scheduling tool and is not for clinical data. You must not enter, upload, or store any patient-identifiable information or Protected Health Information (PHI) in the App, including in names, notes, leave labels, or any free-text field. The App is not a HIPAA "business associate," and we do not enter into Business Associate Agreements. Do not use the App in any workflow that would require a BAA. We may remove content or suspend accounts that violate this section.
5. Not medical advice; not a medical device
The App does not provide medical, clinical, or professional advice, does not interpret patient data, and does not make patient-care decisions. It is administrative software and is not an FDA-regulated medical device.
6. No guarantee of schedule correctness, adequacy, or legal compliance
The App assists with generating schedules but does not guarantee that any schedule is accurate, fair, adequately staffed, or compliant with any law, regulation, accreditation standard (including ACGME/duty-hour rules), collective-bargaining agreement, employer policy, or credentialing requirement. You — the administrator and users — are solely responsible for reviewing, approving, and ensuring the legality, adequacy, and safety of every schedule and coverage decision. Automated suggestions (including "auto-build," conflict flags, and fairness balancing) are conveniences you must independently verify.
7. Your responsibilities
You agree to: enter accurate information; keep your device and PIN secure; not enter PHI (§4); not misuse, reverse-engineer, or resell the App; and comply with your employer's and institution's policies.
8. Subscriptions, trials, and billing
Paid features are offered as auto-renewing subscriptions sold through Apple In-App Purchase. Price, billing period, and any introductory free trial are shown in the App before purchase. Subscriptions renew automatically until cancelled; manage or cancel in your Apple ID settings at least 24 hours before the period ends. Payment is charged to your Apple account; we do not receive your card details. Refunds are handled by Apple per its policies.
9. Disclaimer of warranties; limitation of liability
The App is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, and without warranty of uninterrupted or error-free operation.
To the maximum extent permitted by law, Jaceal LLC and its principals will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, or for any staffing gap, missed shift, duty-hour or policy violation, or reliance on an unreviewed schedule. Our total liability for any claim will not exceed the amount you paid us for the App in the 12 months before the claim (or USD $50 if you paid nothing). Some jurisdictions do not allow certain limitations, so some may not apply to you.
10. Indemnification
You agree to indemnify and hold harmless Jaceal LLC from claims arising out of your misuse of the App, your entry of prohibited data (including PHI), or your reliance on a schedule you did not properly review.
11. Apple as third-party beneficiary
These Terms are between you and Jaceal LLC, not Apple. Apple is not responsible for the App or its content, has no obligation to provide support or handle claims relating to the App, and — to the extent these Terms apply — Apple and its subsidiaries are third-party beneficiaries entitled to enforce them.
12. Termination
You may stop using the App anytime. We may suspend or terminate access for violation of these Terms (including §4). Sections 4–11 survive termination.
13. Governing law
These Terms are governed by the laws of the State in which the Provider (Jaceal LLC) is organized, without regard to conflict-of-laws rules, except where applicable law provides otherwise. (Provider to confirm the specific state/venue with counsel before public launch.)
14. Changes & contact
We may update these Terms; material changes will be noted in the App with a new effective date. Contact: [email protected].