Terms Of Service

The following terms and conditions govern all use of the MyPenni.comwebsite and all content, services and products available at or through the website, including, but not limited to, Penni, our agency management software. The Website is owned and operated by Halosoft LLC (“Halosoft”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MyPenni.com’s Privacy Policy) and procedures that may be published from time to time on this Site by Halosoft (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Halosoft, acceptance is expressly limited to these terms.

  1. Your MyPenni.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Halosoft of any unauthorized uses of your account or any other breaches of security. Halosoft will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Payment and Renewal.
    • A. General Terms.
      Optional pricing packages are available on the Website (any such services, a “Package”). By selecting a Package you agree to pay Halosoft the monthly subscription fees for that service. Payments will be charged as described in section C below. Package fees are not refundable.
    • B. Automatic Renewal.
      Unless you notify Halosoft before the end of the applicable subscription period that you want to cancel a Package, your Package subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Package (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Packages can be canceled at any time in the Package section of your account dashboard.
    • C. Invoices, Payments and Past Due Accounts.
      • 1) Invoices will be post-billed each month on the monthly anniversary of your initial subscription date. The invoice date may be modified by written agreement between Halosoft and you, the Agency. The subscription period covered by the invoice is the month prior to the date that the invoice is generated. invoices will be forgiven / waived if agencies cancel service using the "Cancel Subscription" link in the "Account Info" menu of the Penni "Dashboard". This allows agencies to use Penni for at least a month prior to being charged.
      • 2) Payments are due on the date invoices are generated. The payment method associated with your account will be charged on the same day the invoice is generated. Should the payment fail, the following will occur:
        • a) We will attempt to retry the charge in the following days
        • b) We will send an email notification to the email address on file
        • c) We will add a lock out notice to Penni (shown after a user authenticates)
      • 3) Agencies with Invoices that are past due more than 15 days will be "Locked Out". This means that they will not be able to login to Penni and maintain schedules, visits, clients or employees. Even though agencies are "locked out", Penni WILL continue to generate visits, synchronize with EVV systems, execute OIG checks, eligibility checks and claims processing.
      • 4) Agencies with Invoices that are past due more than 45 days will be "Cancelled". The Agency's subscription will be terminated and all Penni functionality will be turned off.
      • 5) In order for an Agency to remove "Locked Out" or "Cancelled" status, the Agency must pay all past due amounts. Such payments must clear Halosoft's payment system before the status Agency's Penni account status will change back to "Active" (with full Penni functionality).
      • 6) Once an Agency is in "Cancelled" status, the Agency data will be removed from Halosoft servers and the data will no longer be available for reports and/or export. Should the Agency subsequently decide to use Penni again, the Agency will need to reenter all data.
  3. Intellectual Property. This Agreement does not transfer from Halosoft to you any Halosoft or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Halosoft. Halosoft, Penni, MyPenni.com, the Penni logo, and all other trademarks, service marks, graphics and logos used in connection with MyPenni.com, or the Website are trademarks or registered trademarks of Halosoft or Halosoft’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Halosoft or third-party trademarks.
  4. Changes. Halosoft reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Halosoft may also, in the future, offer new services and/or features through the Website (including, the release of new services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  5. Termination.Halosoft may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyPenni.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  6. Disclaimer of Warranties. The Website is provided “as is”. Halosoft and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Halosoft nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  7. Limitation of Liability. In no event will Halosoft, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Halosoft under this agreement during the twelve (12) month period prior to the cause of action. Halosoft shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  8. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Halosoft Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  9. Indemnification. You agree to indemnify and hold harmless Halosoft, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  10. Miscellaneous. This Agreement constitutes the entire agreement between Halosoft and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Halosoft, or by the posting by Halosoft of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Houston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Halosoft may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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