Legal · Porchlight
Terms of Service
Please read these Terms carefully. They are a binding contract. By creating an account, checking the box to accept them, or using the Service, you agree to these Terms on behalf of yourself and the organization or family you register. If you do not agree, do not use the Service.
Section 13 limits our liability, and Section 17.4 contains a waiver of jury trials and class actions.
These Terms of Service (the “Terms”) are an agreement between Levelbrook Consulting, which operates Porchlight (“Porchlight”, “we”, “us”, or “our”), and the community, organization, or individual that registers for the Service (“Customer” or “you”). Our Privacy Policy and Data Processing Addendum are part of these Terms. If you and we have signed a separate written agreement for the Service, that agreement controls where it conflicts with these Terms.
1. Definitions
In these Terms, the following words have these meanings:
“Service” means the Porchlight web application, including the resident interview app, the coordinator dashboard, the family page, and any related features, printed products, and documentation.
“Customer Data” means all content and information submitted to or generated in the Service for you, including resident audio recordings, transcripts, AI-generated summaries, briefings and highlights, resident profile facts, family messages and contact details, and your account information.
“Authorized Users” means your staff and representatives whom you permit to access the Service.
“End Users” means the residents and family members who use the Service through the links, codes, and devices you provide.
“Order” means the plan, price, and seat count agreed for your account, whether shown at checkout, stated in a payment link or billing agreement we send you, or recorded in your account's billing page.
2. The Service
What Porchlight is
Porchlight is a web-based, AI-guided life-story interview and family-connection service for senior-care communities and for families. It is provided as a subscription.
Your right to use it
Subject to these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription to access and use the Service, and to let your Authorized Users and End Users use it, for your own internal purposes.
Demos and trials
We may offer a demo or free trial. It lasts for the period shown when it begins, may be limited in features, and is provided “as is” without any commitment of availability. At the end of a trial, access may be restricted until an Order is in place.
Changes to the Service
We continually improve the Service and may add, change, or remove features. We will not make a change that materially reduces the core functionality of a paid subscription during its current billing period without notice.
3. Accounts
Eligibility and authority
Staff accounts are for adults who are authorized representatives of the Customer. If you accept these Terms for a community or other organization, you confirm that you have authority to bind it. If you register as an individual (for example, for a family plan), you confirm that you are at least 18 years old.
Account security
You must provide accurate registration information, keep your credentials confidential, and tell us promptly about any unauthorized use. You are responsible for activity under your accounts.
Resident and family access
Residents open their page through a private link or QR code rather than a password, and family members through a private link that may be protected by a password. Anyone holding such a link can open that page, so you are responsible for sharing links only with the people they are meant for, and for asking us to reset any link that may have been exposed. You are responsible for your Authorized Users' and End Users' compliance with these Terms.
4. Your responsibilities and consent
Consents
You are responsible for lawfully enrolling residents and connecting family members. You represent and warrant that, for every resident and family member you add to the Service, you have:
- obtained every consent and authorization required by law and by your own policies, including, where applicable, consent to record and store voice recordings and to process personal information, from the resident or their legal representative and from each family member;
- the authority to provide the resident profile facts and family contact details you enter; and
- complied with all laws that apply to you, including audio-recording (one- and two-party consent) laws, health and privacy laws, elder-care regulations, and the laws governing the email and text messages the Service sends on your behalf.
Honoring people's wishes
You will not enroll a resident who has declined to take part, and you will honor any resident's or family member's request to pause, stop, or remove their participation.
Controller and processor
You are the controller of resident and family personal data. Our role and obligations as your processor are set out in the Data Processing Addendum.
5. Fees and payment
Pricing
Fees are those stated in your Order. For communities, fees are billed to the Customer and never to families; family listening and reply access is included with every resident seat.
Billing
Subscriptions are billed in advance through our third-party payment processor, by card or bank transfer where offered. If your census or needs change, the parties may agree an updated Order, which replaces the prior one from the next billing period. Fees do not include taxes, which you are responsible for.
Renewal and cancellation
Unless your Order says otherwise, your subscription is month-to-month, renews automatically, and may be canceled effective at the end of the then-current billing period. Except where required by law, fees already paid are non-refundable.
Family plans
If you sign up an individual loved one on a family plan, you are the Customer. Where a free trial is offered, you provide a payment method at signup; if you do not cancel before the trial ends, your subscription begins and your payment method is charged the price shown at signup, and then each month until you cancel. You can cancel at any time from your subscription page, effective at the end of the current period.
Price changes and late payment
We may change prices on at least 30 days' notice, effective at your next renewal. If fees are not paid when due, we may suspend access to the staff dashboard after notice. Suspension does not delete Customer Data.
6. Acceptable use
You will use the Service only for its intended purpose, and you will not, and will not permit anyone else to:
- access content you are not authorized to see, or attempt to get around access controls;
- upload unlawful, infringing, or harmful content, or content you lack the rights or consents to provide;
- reverse engineer, copy, resell, or create derivative works from the Service, except as the law expressly permits;
- interfere with or disrupt the Service, or probe or test its security without our written permission;
- use the Service to send unsolicited or unlawful communications; or
- use the Service to build a competing product.
We may investigate suspected violations and may remove content or suspend access where reasonably necessary.
7. Content and intellectual property
Your data
As between the parties, residents and their families own their stories and messages, and you retain all rights in Customer Data.
Our license to your data
You grant us a worldwide, non-exclusive license to host, store, process, transcribe, summarize, transmit, print, and display Customer Data solely to provide, secure, support, and improve the Service, and as permitted by the Data Processing Addendum.
Our property
We and our licensors own all rights in the Service, our software, and our trademarks. No rights are granted except as expressly stated in these Terms.
Feedback
If you send us suggestions or feedback, we may use them without restriction or obligation to you. This does not give us any rights in Customer Data.
No sale or advertising
We do not sell Customer Data and do not use resident or family content to advertise.
8. AI-generated output
The Service uses automated and artificial-intelligence systems to choose interview questions and to generate transcripts, summaries, briefings, highlights, and tags. This output can contain errors or omissions. It is provided to support your staff's judgment, not to replace it, and you are responsible for reviewing it before relying on it or sharing it.
9. Third-party services
The Service relies on third-party providers, for example for speech-to-text, AI models, email and text-message delivery, hosting, and payment processing. The current list, and the status of each provider's terms, is published on our Subprocessors page. We are responsible for our subprocessors as described in the Data Processing Addendum; we are not responsible for third-party services that you choose to connect or use yourself.
10. Confidentiality
Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or is independently developed. Our handling of Customer Data is governed by the Privacy Policy and the Data Processing Addendum.
11. Not a medical or clinical service
Porchlight is a life-story, enrichment, and family-connection tool. It is not a medical device and does not provide clinical, diagnostic, or therapeutic services. It is designed to work alongside, and never to replace, the judgment of a community's care and life-enrichment staff. All decisions about a resident's care remain with you and your clinicians.
12. Disclaimer of warranties
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated output will be accurate or complete.
13. Limitation of liability
Excluded damages
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
Cap
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim.
Application
These limits apply to every theory of liability, including contract, tort (including negligence), and statute, and form an essential basis of the bargain between the parties. Some jurisdictions do not allow certain exclusions or limitations, so some of them may not apply to you.
14. Indemnification
You will defend, indemnify, and hold harmless Porchlight and Levelbrook Consulting, and our officers, employees, and agents, from and against any third-party claims, damages, liabilities, and reasonable costs (including attorneys' fees) arising out of or relating to:
- your Customer Data;
- your or your Authorized Users' use of the Service;
- your failure to obtain any consent or authorization required from a resident, legal representative, or family member; or
- your violation of these Terms or of any law.
We will notify you promptly of the claim, give you control of its defense (with our reasonable cooperation at your expense), and not settle it in a way that imposes obligations on us without our consent.
15. Term, suspension, and termination
Term
These Terms apply for as long as you have an account or use the Service.
Termination and suspension
Either party may terminate for the other's material breach that is not cured within 30 days of written notice. We may suspend or terminate access immediately for non-payment after notice, a security risk, or unlawful use. You may stop using the Service and cancel at any time as described in Section 5.
Your data after termination
For 30 days after termination you may request an export of Customer Data. After that we may delete it in the ordinary course, subject to the Data Processing Addendum and applicable law, and with particular care for preserved resident stories.
Survival
Sections 4, 5 (as to amounts owed), 7, 10, and 12 through 18, and any other terms that by their nature should survive, survive termination.
16. Changes to these Terms
We may update these Terms as the Service evolves. The “Last updated” date and version at the top of this page show when they last changed. For material changes we will give reasonable advance notice, for example by email or in the Service, and may ask you to accept the new version. Your continued use after the effective date of a change means you accept it. If you do not agree, you may stop using the Service before the change takes effect.
17. Governing law and disputes
Governing law
These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules.
Informal resolution first
Before starting any proceeding, a party will notify the other in writing and both will try in good faith to resolve the dispute for 30 days.
Venue
The state and federal courts located in King County, Washington have exclusive jurisdiction over any dispute, and each party consents to that jurisdiction.
Jury trial and class action waiver
To the extent permitted by law, each party waives any right to a jury trial and any right to bring or take part in a class, collective, or representative action.
18. General
Entire agreement
These Terms, together with the Privacy Policy, the Data Processing Addendum, and any Order, are the entire agreement between the parties on their subject and supersede all prior agreements and understandings on it.
Order of precedence
If documents conflict: a signed written agreement controls, then the Data Processing Addendum (as to personal data), then an Order (as to fees), then these Terms.
Severability and waiver
If a provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. A failure to enforce a provision is not a waiver of it.
Assignment
You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of the relevant business or assets.
Force majeure
Neither party is liable for a delay or failure caused by events beyond its reasonable control, other than a failure to pay.
Notices
We may give you notices by email to your account's email address or in the Service. You may give us notices by email to the address in the Contact section below. Email notices are effective when sent.
Electronic agreement
You agree that checking the acceptance box, or otherwise accepting these Terms electronically, is your signature and has the same effect as a handwritten signature. We keep a record of the version you accepted and the date, time, and network address of your acceptance.
Relationship of the parties
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
No third-party beneficiaries
These Terms do not create rights for anyone other than the parties.
Headings
Headings are for convenience only, and “including” means “including without limitation.”