Last updated: November 2026
1. Acceptance of Terms
By accessing or using POCDesk ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of a skilled nursing facility or organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Service
POCDesk is a software-as-a-service (SaaS) platform designed to assist skilled nursing facilities in managing the Plan of Correction (POC) process following CMS-2567 survey deficiency citations. The Platform provides tools for:
- Uploading and parsing CMS-2567 survey documents
- Auto-generating and editing POC responses with AI assistance
- Tracking compliance deadlines and citation assignments
- Managing staff training records and audit logs
- Preparing for revisit surveys and exporting documents
- Multi-facility portfolio management and analytics
3. User Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials. You must:
- Provide accurate and complete registration information
- Use a strong password that meets the applicable authentication provider's requirements
- Notify POCDesk immediately of any unauthorized access
- Not share your account credentials with others
- Log out of your account after each session, especially on shared devices
POCDesk's intended security controls include automatic session timeouts after 20 minutes of inactivity and protections against repeated failed login attempts. Their operation may depend on authentication configuration and session behavior. These measures are intended to reduce unauthorized access risk; they do not by themselves establish HIPAA compliance.
4. Acceptable Use
You agree not to:
- Use the Platform for any unlawful purpose or in violation of HIPAA or other applicable regulations
- Upload content that contains malware, viruses, or other harmful code
- Attempt to gain unauthorized access to the Platform or other users' data
- Reverse engineer, decompile, or disassemble any part of the Platform
- Use the Platform to store PHI beyond what is necessary for POC management
- Share, export, or transfer PHI to unsecured or unauthorized locations
- Use automated scripts or bots to access the Platform
5. Data Ownership and Intellectual Property
Your Data: You retain all ownership rights to the data you upload to the Platform, including survey documents, POC responses, audit logs, and staff records. POCDesk does not claim ownership of your content.
Platform IP: The Platform, including its design, code, templates, and AI-generated language suggestions, is the intellectual property of POCDesk. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose while your account remains active.
AI-Generated Content: POC responses and suggestions generated by the AI assistant are provided as drafts. You are solely responsible for reviewing, editing, and approving all content before submission to any regulatory body.
6. AI Disclaimer
The Platform uses artificial intelligence (OpenAI GPT-4o-mini) to assist in generating POC draft responses. These AI-generated responses are:
- Not a substitute for professional judgment. All AI-generated content must be reviewed and approved by qualified personnel before submission.
- Not guaranteed to be accepted by surveyors. POCDesk does not guarantee that any POC response, whether AI-generated or manually written, will be accepted by CMS, state agencies, or survey teams.
- Subject to the limitations of AI technology. Responses may contain inaccuracies, omissions, or language that does not fully address deficiency specifics.
7. Service Availability and Support
POCDesk's 99.9% platform uptime target is an operational goal, not a guarantee or service-level commitment. POCDesk does not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible. POCDesk is not liable for service interruptions caused by factors beyond its reasonable control.
8. Fees and Payment
POCDesk is currently available at no charge and does not require a credit card or payment method. If paid services are introduced in the future, their pricing and terms will be presented before any charge is incurred.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE PLATFORM.
POCDesk's total liability shall not exceed the fees paid by you in the 12 months preceding the claim. This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).
10. Indemnification
You agree to indemnify and hold harmless POCDesk, its officers, directors, employees, and agents from any claims, damages, or expenses arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of HIPAA or any other applicable law; or (d) the content you upload or submit through the Platform.
11. Termination
Either party may terminate the service with 30 days' written notice. POCDesk may immediately suspend or terminate access if you materially breach these Terms, including any violation of HIPAA requirements. Before closing your account, request any needed data export or deletion and confirm the applicable schedule. Retention and deletion are subject to applicable legal requirements, authorization checks, service-provider retention, and backup cycles, which may limit or delay deletion as described in the Privacy Policy. Termination does not guarantee immediate or complete destruction of all copies of your data.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any disputes shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.
13. Changes to Terms
POCDesk reserves the right to update these Terms at any time. Material changes will be communicated via email or in-platform notification at least 30 days before taking effect. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.