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Terms and Conditions

Terms and Conditions

Effective Date: 01/19/2026

These Terms and Conditions (“Terms”) govern the use of the Softiya platform, software, websites, consulting services, and all related products offered by Softiya LLC (“Softiya,” “we,” “our,” or “us”). By accessing or using Softiya services, you (“Customer,” “Agency,” or “User”) agree to these Terms.

Softiya provides both (1) subscription-based SaaS services and (2) separate fee-based consulting services. These services are billed and contracted independently. If you do not agree to these Terms, do not use Softiya.

1. Definitions

  • “Platform” or “Software” means the Softiya home care management, EVV, billing, HR, documentation, and operational tools.
  • “Consulting Services” means regulatory, licensing, Medicaid enrollment, or operational consulting provided separately from the SaaS subscription.
  • “Customer Data” means all information uploaded or entered into the Platform by Customer.
  • “PHI” means Protected Health Information under HIPAA.
  • “BAA” means the Business Associate Agreement required for PHI.
  • “Agreement” refers collectively to these Terms and any executed BAA or service addendum.

2. Scope of Services

Softiya provides:

  • SaaS software for home care, PCA, HCBS, home health, group home, assisted living, and NEMT providers.
  • Consulting services for licensing, Medicaid enrollment, policy development, and operational planning.
  • Support services as described on the website or within the customer account.

Consulting is not included in the software subscription. All consulting requires a separate agreement, invoice, or payment.

3. SaaS Subscription Terms

3.1 Subscription Model

Softiya operates on a monthly, auto-renewing subscription, billed electronically. Pricing varies based on:

  • Number of active staff
  • Programs used (PCA, HCBS, home health, NEMT, group home, etc.)
  • States served
  • Optional integrations or add-ons

3.2 Free Trial

Customers may begin with a free trial. Softiya may limit features or duration at its discretion.

3.3 Auto-Renewal (Including Minnesota Customers)

Subscription renews automatically each month until cancelled. You may cancel at any time from your portal or by written notice. Cancelling stops future charges; it does not refund previous charges. For Minnesota customers, Softiya provides clear electronic renewal terms at signup and in email confirmations.

3.4 No Refunds

Payments, including partial periods, setup fees, consulting fees, and renewals, are non-refundable, except where required by law.

4. Consulting Services

4.1 No Guaranteed Outcomes

Consulting services are guidance only. Softiya does not guarantee licensing approval, Medicaid enrollment approval, survey outcomes, waiver program acceptance, payer credentialing, or regulatory timelines.

4.2 Independent Scope

Each consulting engagement has its own scope, timeline, and fee structure. Customer is responsible for verifying all regulatory requirements with appropriate authorities and advisors.

4.3 No Legal or Clinical Advice

Softiya does not provide legal, clinical, tax, or accounting advice. Customer must confirm all policies and decisions with regulators, legal counsel, and qualified professionals.

5. HIPAA, PHI, and Business Associate Obligations

If Customer uploads or stores any PHI in the Platform, the following apply:

5.1 Business Associate Agreement (BAA)

Softiya will act as a Business Associate under HIPAA. A separate Business Associate Agreement must be executed electronically before PHI is entered into the system.

5.2 Responsibilities

Softiya shall:

  • Protect PHI using administrative, technical, and physical safeguards.
  • Limit access to authorized personnel only.
  • Use PHI solely to perform contracted services.
  • Notify Customer of any confirmed breach involving PHI as required by law.

Customer shall:

  • Maintain HIPAA-compliant policies and staff practices.
  • Ensure proper role-based access and user management within the Platform.
  • Comply with all federal and state privacy, security, and breach notification rules.

5.3 Prohibited Use

Softiya services must not be used for unlawful or non-compliant storage, disclosure, or transmission of PHI.

6. Customer Responsibilities

Customer is responsible for:

  • Accuracy and completeness of all data entered into the Platform.
  • Compliance with federal and state regulations, licensing rules, Medicaid manuals, waiver documents, and payer policies.
  • Ensuring staff are properly trained and authorized to use the Platform.
  • Maintaining secure passwords and access controls for all users.

Softiya is not responsible for regulatory violations caused by Customer data, misuse of the Platform, or operational decisions.

7. Payment Terms

  • Payment for SaaS subscriptions is due at the start of each billing cycle.
  • Consulting fees may require upfront or milestone payments, as specified in invoices or agreements.
  • Failure to pay may result in suspension or termination of system access.
  • Chargebacks, payment disputes, or repeated nonpayment may result in account closure and collection activity.

8. Data Ownership & Access

8.1 Customer Owns Data

Customer retains full ownership of all data uploaded into the Platform, including PHI, subject to these Terms and applicable law.

8.2 Backup & Availability

Softiya maintains regular encrypted backups and strives for high uptime, but uninterrupted availability is not guaranteed.

8.3 Data Export

Customers may export certain reports and data before account closure. After termination, data may be deleted according to Softiya’s retention schedule, subject to legal or contractual requirements.

9. Termination

Softiya may suspend or terminate access if:

  • Payment is overdue.
  • These Terms are violated.
  • Security, privacy, or operational risks are identified.
  • Misuse, fraud, or regulatory risk is detected.

Customer may terminate at any time through the dashboard or by written request. No refunds are provided for unused subscription periods unless required by law.

10. Intellectual Property

All software, documentation, designs, trademarks, and processes remain the exclusive property of Softiya LLC. Customer receives a limited, non-exclusive, non-transferable license to use the Platform during an active subscription.

11. Limitation of Liability

To the maximum extent permitted by law, Softiya is not liable for indirect, incidental, consequential, or special damages, including lost profits, lost data, or regulatory penalties.

In all cases, Softiya’s total aggregate liability arising out of or related to the services shall not exceed the amount paid by Customer to Softiya in the three (3) months immediately preceding the event giving rise to the claim.

Softiya does not guarantee regulatory approval, payer enrollment, billing acceptance, audit results, or survey outcomes.

12. Indemnification

Customer agrees to indemnify, defend, and hold harmless Softiya, its owners, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:

  • Customer’s misuse of the Software or services.
  • Regulatory, licensing, or payer violations attributable to Customer operations.
  • PHI mishandling caused by Customer or its workforce.
  • Customer’s breach of these Terms.
  • Actions or omissions of Customer’s employees or contractors.

13. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles, except where another jurisdiction is required by applicable law.

14. Changes to These Terms

Softiya may update these Terms periodically. Customers will be notified by email or platform notice when material changes occur. Continued use of the Platform after such notice constitutes acceptance of the updated Terms.

15. Contact

Softiya LLC
Email: support@softiya.com
Website: https://softiya.com