Supersedes the March 24, 2026 Terms of Service (including the July 17, 2026 update on patientswaps.com) · Jurisdiction: Colorado
These Terms of Use cover careswaps.com, patientswaps.com, the CareSwaps family dashboard and the PatientSwaps facility portal (the "Sites"). They are the "Terms of Service" that our other agreements and Privacy Policy refer to.
Please read Section 9. Most disputes go to individual arbitration, not to court or a class action. You may opt out within 30 days after you first accept these Terms. Nothing here stops you from contacting a government agency or limits what an agency can do.
CareSwaps, LLC, a Colorado limited liability company ("CareSwaps," "we," "us"), operates the Sites. PatientSwaps is the name it uses for the community side of the platform. It is the same company.
CareSwaps is transfer-matching software for senior care. Families submit transfer requests on careswaps.com; participating communities report open beds, payer types and listing details on patientswaps.com. Our software finds possible matches and "swaps" (residents trading beds), applies the family's preferences and exclusions and each community's listing details, and shows options ordered by distance and then date.
We are not a healthcare provider, medical advisor, discharge planner or transportation provider, and we do not make clinical decisions; score, rank, recommend or feature any community; or manage, coordinate or arrange transfers. No community can pay to change which options appear or their order. Because families pay us to help them find senior-care options, Colorado law treats us as a referral agency for assisted living residences (Section 12.2).
You accept these Terms by checking a box and clicking "I agree" when you submit the intake form, at Stripe checkout, and at your first sign-in to the family dashboard or facility portal. Each time, we record the date, time, IP address and version accepted; you may ask for that record. Continued use is only a fallback: browsing public pages without an account binds you to Sections 6.3, 7.2 and 10 as far as the law allows. If you act for a resident, you accept for yourself and do not give up the resident's own legal rights.
Subscribing families accept our Client Subscription Agreement ("CSA") by the same logged click. Communities sign our Transfer Services Agreement ("TSA") and Business Associate Agreement ("BAA"). For subscribers and communities, that agreement is the complete agreement on payment, refunds, liability, indemnity, notices and disputes, and controls over these Terms; Sections 7 to 9 then do not apply. Nothing here reduces any right under an Information Sharing Authorization, the signed Colorado Referral Disclosure, a BAA or HIPAA.
Families pay $299 per month for platform access, including unlimited matching requests. The fee never depends on a referral, admission or outcome.
We cover Colorado communities only and do not promise the Sites will be uninterrupted.
You must be 18 or older, and either be the resident or have legal authority (for example, under a medical durable power of attorney or guardianship) to seek a transfer and authorize sharing of the resident's health information. Being family is not enough by itself.
Matching is available only for residents whose care is paid for privately, by commercial health insurance, or by private long-term-care insurance. A resident whose care is paid for, in whole or in part (as primary or secondary payer), by Medicare (including Medicare Advantage), Medicaid (including Health First Colorado and Medicaid-pending), TRICARE, the VA, PACE or any other federal or state health care program is not eligible. The intake form asks how care is paid for before you pay, and its payer questions decide which policies and payers qualify.
Long-term-care insurance: coverage not verified by CareSwaps. We do not check whether a policy will pay at a particular community, whether benefit triggers or waiting periods are met, or how much benefit remains. Confirm coverage with your insurer and the community.
If the resident is not eligible. If you pay and our payer screen then shows the resident was not eligible, we refund every payment in full, unless you knowingly gave false payer information.
Billing is monthly through Stripe. Your subscription renews monthly until you cancel, with no minimum term, and we email you an acknowledgment of these renewal terms when you subscribe.
As C.R.S. § 6-1-732 requires, if your subscription is about to continue past 12 continuous months, we email you a reminder 25 to 40 days before that renewal, and 25 to 40 days before each later 12-month mark, saying it will renew unless you cancel and how to cancel. We also send a courtesy notice about 7 days before each monthly charge. The courtesy notice is extra and does not replace the annual reminder.
Ask within 7 days after your first payment and we refund it in full, no questions asked. The request also cancels your subscription.
Cancel any time, including in your first 7 days, in one step with the dashboard cancel button, by emailing hello@careswaps.com, or by calling (970) 306-7131. No cancellation fees. Matching stops right away, you are not charged again, and your dashboard stays open to the end of the billing month. Other refunds are in Section 2.4 and the CSA.
Price changes need at least 30 days' email notice, and you may cancel before they apply.
We do not guarantee that any match, swap or transfer will happen, or when; that any bed is or will stay available; any admission; that information communities report is accurate or current (we do not verify it); or that any insurance will pay for care anywhere. A match is not a confirmed bed or an offer of admission. Each community's licensed staff make every admission and clinical decision, with the resident or their representative. We give no medical, legal, insurance or financial advice.
Our Privacy Policy explains how we collect, protect, share and keep information. Communities see your loved one's identifying details only for a match you confirm, through our secure portal, under the Information Sharing Authorization you sign at intake, which you may withdraw at any time. We never sell your or your loved one's information.
Give accurate, current information, upload only genuine authority documents that are in effect, and tell us promptly if the resident's payer or your authority changes.
Keep your sign-in link or access code private and tell us at once if someone else may have used your account. You are responsible for activity under your account until you tell us, except activity caused by a security failure on our side.
You agree not to: use the Sites for an involuntary or non-consensual transfer; give false information about a resident's payer, your legal authority or a signed authorization; upload forged documents or malware; access information or systems you are not authorized to use; probe, bypass or disrupt our security; scrape the Sites; use information from the Sites to solicit residents or families outside the service; or use the Sites unlawfully, including in breach of HIPAA.
To the fullest extent permitted by law, CareSwaps is not responsible for whether a transfer happens or for any community's decisions, care or delays; is not liable for indirect, incidental, special or consequential damages or lost profits; and the most it will owe you for all claims is the greater of (a) what you paid us in the 12 months before your claim or (b) $299. The cap is never zero.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DOES NOT AFFECT YOUR REFUND RIGHTS OR SECTION 7.3.
Sections 7.1 and 7.2 do not apply to: (a) any right or remedy that applicable law, including Colorado consumer protection law, does not allow to be limited or waived by contract; (b) CareSwaps' failure to meet its own privacy and security obligations under our Privacy Policy, an Information Sharing Authorization, HIPAA, or privacy and data-breach laws; (c) CareSwaps' gross negligence, willful misconduct or fraud; or (d) any refund we owe you. So claims about how we handled health information you gave us are not capped, even if you never subscribed; CSA Section 10 gives subscribers the same exceptions.
Family members, residents, applicants, subscribers and visitors do not have to indemnify CareSwaps, defend us, or pay our losses or legal costs for anyone else's claims.
A community whose staff use the facility portal will reimburse CareSwaps for losses, including reasonable legal costs, from third-party claims or government proceedings to the extent caused by its unlawful use of the Sites or information obtained through them. Where the community has signed the TSA, TSA Section 14 applies instead.
Contact us first at hello@careswaps.com or (970) 306-7131 with what happened and what you want. We will try in good faith to resolve it within 30 days, and neither of us will start an arbitration or court case in that time, except a small-claims case or a step needed to stop a legal deadline from passing.
Colorado law governs these Terms, without regard to conflict-of-law rules. The Federal Arbitration Act governs Sections 9.3 to 9.9. If you live outside Colorado, you keep any home-state consumer protections that cannot be waived.
Except as stated in Section 9.6, any dispute between you and CareSwaps arising out of or relating to these Terms, the Sites, your subscription, billing, the platform, or how we handled your or your loved one's information will be resolved by binding arbitration, not in court, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the claim is filed (available at adr.org).
The seat is Larimer County, Colorado. One arbitrator decides, by video, telephone or written submissions where the AAA rules allow, and may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction.
You and CareSwaps may each bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims or award class, collective or representative relief.
Sections 9.3 to 9.5 do not stop either of us from bringing an individual claim in small claims court that stays there and is within its limits; do not stop you from complaining to any government agency; and do not limit any agency's action.
Under the AAA Consumer Arbitration Rules your share of the filing fee is limited. CareSwaps pays all other AAA filing and administrative fees and the arbitrator's fees beyond your share. Each side pays its own lawyers, unless the arbitrator awards fees to you as the AAA rules or law allow.
You may opt out within 30 days after you first accept these Terms by emailing hello@careswaps.com with the subject "Arbitration opt-out", your name and the email you used with us. Sections 9.3 to 9.5 and 9.7 then do not apply to you, and disputes go to the courts in Section 9.10. An opt-out under these Terms or the CSA counts for both. Opting out changes nothing else.
If Section 9.5 is unenforceable for a dispute, that dispute will not be arbitrated and will be decided only in the courts in Section 9.10. The rest of Section 9 still applies to other disputes.
Any court case these Terms allow (small claims, confirming or enforcing an award, an opted-out dispute, or a dispute under Section 9.9) must be brought in the state or federal courts for Larimer County, Colorado, and both of us accept their jurisdiction.
Disputes with a community are governed by TSA Section 17 (binding individual arbitration under the AAA Commercial Arbitration Rules, seated in Larimer County, Colorado). TSA Section 17 also applies, in place of Sections 9.1 and 9.3 to 9.10, to a community that has not signed the TSA.
The Sites, their software and the CareSwaps and PatientSwaps names belong to CareSwaps, LLC or its licensors. Use them only for their intended purpose, and do not copy, resell or reverse-engineer them. You keep ownership of what you submit and let us use it to provide the service as our Privacy Policy and your agreements describe.
You may stop using the Sites at any time; subscribers cancel under Section 3.4. We may suspend or end access, and will tell you why, for a material breach or unlawful use, to protect residents, families, communities or the Sites, or if we stop the service. Sections 4 to 10, 12 and 15 survive.
Nothing in these Terms limits any right you have under the Colorado Consumer Protection Act, or any government agency's right to enforce the law.
Every family receives the disclosures required by C.R.S. § 6-1-729 in a Colorado Referral Disclosure that the family and CareSwaps both sign and date. We send it in your welcome email before referring the request to any community; the admitting community gets a copy through our secure portal before admission. It covers our relationships with communities, how communities pay (Section 16.2) and your right to cancel. If you cancel, we notify every community your request was referred to within 2 business days.
For a material change, we will email account holders at least 30 days ahead and ask you to click "I agree" at your next sign-in. If you disagree, stop using the Sites; subscribers may cancel without penalty. A change to Section 9 does not apply to a dispute you already told us about in writing. Where the law requires your express consent, we will ask for it. Visitors without an account who keep browsing after a change are bound only by the updated Sections 6.3, 7.2 and 10.
Service messages go by email and through the dashboard or portal. We do not send text messages; if we add them, we will ask your separate consent first, never as a condition of purchase. Marketing goes only to people who separately opt in. To stop non-essential messages, email hello@careswaps.com with the subject "Opt Out"; breach, billing, renewal and security notices cannot be turned off. Routine notices carry no resident health details.
These Terms, our Privacy Policy and any CSA, Information Sharing Authorization, signed Colorado Referral Disclosure, TSA or BAA that applies to you are the entire agreement about the Sites. If part is unenforceable, the rest stays in effect, subject to Section 9.9. Not enforcing a right does not waive it. You may not transfer your rights without our written consent; we may transfer these Terms to a successor that keeps our privacy promises, and will tell you. Notices to you go to your account email; notices to us go to hello@careswaps.com (formal notices under the CSA, TSA or BAA go to the address in that agreement). Events beyond reasonable control excuse delays, never refunds.
16.1 Portal use. Only staff authorized by a participating community may use the facility portal, under the TSA and BAA the community signs.
16.2 Fees. Participating communities currently pay CareSwaps nothing. If CareSwaps later charges a flat software subscription fee, it will never vary with referrals, transfers or outcomes. There is no fee during the launch period. Any fee requires at least 30 days' written notice and applies only if the community accepts it in writing. No fee will ever be charged per referral, placement, transfer or match, or based on outcomes. Before any fee takes effect, we will update these Terms and the Colorado Referral Disclosure and tell subscribing families.
16.3 Responsibilities. Communities make every admission and clinical decision, keep the information they report accurate and current, keep each signed Colorado Referral Disclosure as the TSA requires, and never sell or transfer a prospective resident's contact information without written consent.
CareSwaps, LLC d/b/a PatientSwaps
2519 S. Shields St., Suite 1K PMB 1159, Fort Collins, CO 80526
General, disputes and opt-outs: hello@careswaps.com · Privacy: privacy@careswaps.com · Phone: (970) 306-7131
Rights you had for events before the effective date are not affected.