Staffcast Terms of Use

1. Agreeing to these terms

Staffcast is owned and operated by NursePal LLC, an Ohio limited liability company. These terms are a binding agreement between you and NursePal LLC ("Staffcast", "we", "us"). By creating an account, signing in or using the Staffcast app or website (the "service") you agree to them and to our Privacy Policy.

If you use the service for a hospital, health system or other organization, you agree for that organization, you confirm you have the authority to do so, and "you" means both you and it. If you do not agree, do not use the service.

You agree that we may send you notices and agreements electronically, in the app or by email, and that they have the same effect as paper.

2. Who may use Staffcast

Staffcast is for people aged 18 or over who work for hospitals and health systems in the United States and plan or buy contract staffing. Accounts are approved by us, may be limited to the hospitals in your own organization, and may be refused or withdrawn.

Staffing agencies, vendor management and managed service companies, and their staff, may not use the service unless we agree in writing.

Give us accurate account details, keep your sign-in details to yourself, and tell us promptly if you think someone else has used your account. You are responsible for what happens under your account.

3. What the service is, and is not

Staffcast gives estimates to help you plan contract staffing: market rates, the chance and time to fill at a rate, spend, forecasts, suggested rates, job pricing and pay breakdowns.

The service is general information for planning. It is not financial, legal, accounting, tax, employment, wage or compensation advice, and you should not treat it as a substitute for your own professional advisers.

We are not a staffing agency, a vendor management provider or a party to any of your contracts. We do not supply, employ or place staff, and nothing in the service is an offer to do so. Using the service does not create a partnership, agency or fiduciary relationship between us.

The service may be offered as a test or early version. Features may change, be limited or be removed.

4. Public information and estimates

The figures in Staffcast are worked out from publicly available information, mainly job postings published by hospitals and staffing companies. We do not verify that information with the organizations that published it, and it may contain errors, gaps or old postings.

Every rate, chance to fill, time to fill, saving, spend figure, forecast, suggestion and pay breakdown is an estimate or projection. It may be inaccurate, incomplete or out of date. Forecasts and other forward-looking figures depend on assumptions and past patterns that may not hold.

We make no promises about any figure. Use the service as guidance, double check anything you intend to rely on, and confirm rates, pay and terms with your staffing agency before you act. We do not guarantee that any job will fill, that any rate will be accepted by a worker or an agency, or that any saving, spend level or forecast will be achieved.

Pay breakdowns use assumed margins and federal per diem rates. They are not any agency’s actual pay or margin, they leave out program fees, and they are not a statement of what any worker is or should be paid.

Answers given by the question feature in the app are generated automatically and can be wrong. Check anything that matters before you rely on it.

5. Other organizations named in the service

Staffcast may show the names of other hospitals and the rates they have posted publicly. That information comes from public postings and is shown as published. Names and marks belong to their owners. Showing them does not mean those organizations are connected with Staffcast, sponsor it or endorse it.

If you represent an organization and believe something shown about it is wrong, write to support@nursepal.com and we will review it.

6. Lawful use and competition law

Use the service only for your own organization’s independent planning and purchasing decisions, and only in ways that comply with the law, including antitrust and competition law.

Do not use the service, or anything you get from it, to agree, coordinate or signal rates, pay, hiring or purchasing terms with any other hospital, health system or employer. The rates and headcount you enter are not shown to other hospitals, and the market figures you see come from public postings, not from other users.

7. Your decisions and your information

You decide what rates to post, what contracts to sign and how to staff. You are responsible for those decisions, for the outcomes of them, and for checking any figure that matters to you before you rely on it.

Rates, headcount and other information you enter stay yours. You give us a non-exclusive, worldwide, royalty-free right to store, process and use them to run the service for you and, in a form that does not identify you or your organization, to improve our estimates and products.

You confirm you have the right to enter that information. Do not enter patient information, or anything you are not allowed to share. Staffcast is not designed to hold protected health information and we are not your business associate under HIPAA.

If you send us ideas or feedback, we may use them freely without owing you anything.

8. What you may not do

Do not copy, scrape, harvest, resell, sublicense or republish the data or figures in the service, or use them to build, train or improve a competing product or data set. You may share the reports and rate sheets you export with your own colleagues, advisers and staffing partners for your organization’s own business.

Do not try to get into accounts or hospitals that are not yours, share your account, get around limits on use, reverse engineer the service, probe or disrupt it, introduce harmful code, or use automated tools to pull data from it.

Do not use the service in breach of export control or sanctions law.

9. Our content

The service, its software, design, methods, estimates and compilations of data belong to us or our licensors and are protected by law. These terms give you a limited, revocable, non-transferable right to use the service for your organization’s internal business. All other rights are reserved.

10. Price

The service is currently provided without charge. We may introduce paid plans or charge for features in the future. We will tell you before any charge applies to you, and you can stop using the service instead.

11. No warranties

THE SERVICE AND EVERYTHING IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not promise that the service will be uninterrupted, error-free or secure, or that any figure is correct or current.

12. Limit of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR OWNERS, OFFICERS, EMPLOYEES AND SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS, OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, STAFFING SHORTFALLS, UNFILLED POSITIONS, OVERPAYMENT OR UNDERPAYMENT FOR STAFF, OR THE COST OF SUBSTITUTE STAFFING, ARISING FROM THE SERVICE OR FROM DECISIONS MADE USING IT, WHATEVER THE LEGAL THEORY AND EVEN IF WE WERE TOLD IT WAS POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US FOR IT IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED US DOLLARS IF THAT IS MORE.

Some laws do not allow some of these limits. Where that is so, they apply to the extent the law allows. These limits are a basic part of the agreement between us.

13. Your responsibility to us

To the extent the law allows, you will defend and compensate us and our owners, officers, employees and suppliers against claims, losses and costs (including reasonable legal fees) that arise from your use of the service in breach of these terms or the law, from information you enter, or from decisions you make using the service.

14. Changes, suspension and ending

We may change, suspend or stop the service, or any part of it, at any time. We may change these terms. If a change is significant we will tell you in the app or by email before it applies, and using the service after that means you accept it.

You can stop using the service and delete your account at any time from the Account screen. We may suspend or close an account that breaks these terms, that we cannot verify, or where the law requires it.

Sections that by their nature should continue after the agreement ends do so, including sections 4 to 9, 11 to 13 and 16 to 18.

15. If you got the app from Apple

These terms are between you and us, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claim about it, including product liability, consumer protection or intellectual property claims.

You may use the app only on Apple devices you own or control, as Apple’s Usage Rules allow. If the app fails to meet any warranty that cannot be excluded, you may tell Apple and Apple may refund any price you paid for it; Apple has no other warranty obligation.

Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm you are not in a country under a US embargo and are not on any US list of prohibited or restricted parties.

16. Disputes and governing law

If you have a concern, write to support@nursepal.com first and give us thirty days to try to resolve it with you.

These terms are governed by the laws of the State of Ohio and applicable United States federal law, without regard to conflict of law rules. Any dispute that is not resolved informally will be brought only in the state or federal courts located in Ohio, and you and we consent to those courts.

To the extent the law allows, you and we each waive any right to a jury trial and agree to bring claims only on an individual basis, not as part of a class or representative action. Any claim must be brought within one year after it arises, unless the law requires a longer period.

17. General

These terms and the Privacy Policy are the whole agreement between us about the service and replace any earlier understanding. If part of these terms cannot be enforced, the rest still applies and that part is enforced as far as the law allows.

If we do not enforce a term, that is not a waiver of it. You may not transfer this agreement without our written consent; we may transfer it to an affiliate or as part of a sale or reorganization of the business. Neither of us is liable for delay or failure caused by events beyond reasonable control.

18. Contact

NursePal LLC. Questions and notices: support@nursepal.com.