Effective Date: July 3, 2026 • Last Updated: July 24, 2026
These Terms of Service ("Terms") constitute a binding agreement between Fletcher Street Corporation, a Delaware corporation operating as First Call Advantage ("FCA," "we," "us," or "our"), and the home care agency or other organization enrolling in the FCA service ("Agency," "you," or "your").
By accessing the FCA platform, providing lead forwarding credentials, or otherwise using the Services, you confirm that you have authority to bind the Agency to these Terms and that the Agency agrees to be bound by them in full.
If you do not agree to these Terms, do not use the Services.
First Call Advantage is a lead intake and response service for home care agencies. The Services include:
FCA acts as a service provider to the Agency, not as an independent home care referral service. All advocacy performed by FCA is on behalf of and at the direction of the Agency. Coverage is provided during scheduled hours configured at the time of enrollment; FCA does not guarantee continuous or uninterrupted availability.
To use the Services, the Agency must create an account and provide accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and for all activity that occurs under your account credentials.
You may authorize personnel within your organization to access the FCA platform. You are responsible for their compliance with these Terms. Credentials may not be shared outside your organization or used by unauthorized individuals.
You are responsible for maintaining the security of your account. Notify us immediately at connect@compassplace.com if you suspect unauthorized access or a security breach.
By forwarding lead referral emails to FCA, you represent and warrant that:
FCA does not verify the legal basis for each individual lead you share. You bear sole responsibility for ensuring that your use of FCA is consistent with your marketplace agreements and applicable law.
Lead referral emails may contain information about an individual's health conditions, care needs, or functional status. If your agency is a HIPAA Covered Entity or Business Associate, this information may constitute Protected Health Information (PHI).
Sharing PHI with FCA is governed by Part Two of the Business Associate and Services Agreement (BASA) executed between your agency and Fletcher Street Corporation, which serves as a Business Associate Agreement under 45 C.F.R. ยง 164.504(e). You may not forward leads containing PHI to FCA until your BASA has been executed. Contact us at connect@compassplace.com if you have questions about HIPAA applicability before activating lead forwarding.
You are responsible for providing FCA with accurate information about your agency, including the name, branding, and talking points that advocates should use when contacting leads on your behalf. Inaccurate information that causes harm to leads or third parties is your responsibility.
FCA advocates call leads on your behalf. By enabling this feature, you represent that the leads forwarded to FCA have provided consent to be contacted by or on behalf of your agency at the phone number provided, as required by the Telephone Consumer Protection Act (TCPA) and any other applicable laws governing telephone solicitation and consumer contact. FCA is not responsible for TCPA compliance failures attributable to inadequate consent obtained upstream by your marketplace partner or your agency.
You may not use FCA to:
FCA will use commercially reasonable efforts to:
FCA does not guarantee that any lead will convert to a client relationship for your agency. Lead outcomes depend on many factors outside FCA's control, including the lead's preferences, care needs, financial situation, and decisions made during subsequent conversations with your agency team. FCA also does not guarantee that an advocate will reach a lead before a competing agency, as this depends on response timing, advocate availability, and factors outside our control.
We strive to maintain high availability of the platform and advocate coverage during configured hours, but do not guarantee uninterrupted service. Maintenance windows, system upgrades, or unexpected outages may temporarily affect availability. We will provide reasonable advance notice of planned maintenance when possible.
Current service fees and billing terms are governed by FCA's Price Card, which is available upon request at connect@compassplace.com. Your Business Associate and Services Agreement (BASA) governs your relationship with Fletcher Street Corporation. By enrolling in a paid tier of service, you authorize us to charge the payment method on file according to the agreed billing schedule.
All fees are non-refundable except as expressly stated in your BASA or required by applicable law. We reserve the right to modify fees upon thirty (30) days' advance written notice. Continued use of the Services after a fee change takes effect constitutes acceptance of the new pricing.
Each party agrees to treat as confidential any non-public information about the other party's business, operations, or customers that is disclosed in connection with the Services and that would reasonably be understood to be confidential. This obligation does not apply to information that:
FCA and all associated software, technology, trademarks, and content are the property of Fletcher Street Corporation. Nothing in these Terms grants you any ownership interest in FCA, its platform, or its underlying technology.
Lead data that you forward to FCA remains owned by you (or by the marketplace platform that generated it, subject to your agreement with them). FCA's license to that data is limited to what is necessary to provide the Services as described in these Terms and our Privacy Policy.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FLETCHER STREET CORPORATION DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FCA does not warrant that:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLETCHER STREET CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FCA IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS, OUR LIABILITY IS LIMITED TO $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. Nothing in this Section limits liability for breaches of the HIPAA Business Associate provisions in your BASA to the extent prohibited by applicable law.
You agree to defend, indemnify, and hold harmless Fletcher Street Corporation, its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
These Terms remain in effect for as long as you maintain an active FCA account or use the Services, unless terminated earlier as provided below.
You may terminate your account at any time by notifying us at connect@compassplace.com. Lead forwarding should be disabled immediately upon termination notice. We will disable your account access and cease processing new leads promptly after receiving a termination request.
We may suspend or terminate your account at any time, with or without cause, upon reasonable notice. We may terminate immediately and without notice if we have reason to believe you are using the Services unlawfully or in breach of a material obligation under these Terms.
Upon termination, your right to access the platform ceases immediately. Data retention after termination is governed by our Privacy Policy and, for PHI, by Section 15.9 of your BASA. Sections 7 through 13 of these Terms survive termination.
These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles.
Before initiating any formal legal action, each party agrees to attempt in good faith to resolve any dispute through direct negotiation for a period of thirty (30) days following written notice of the dispute.
If a dispute is not resolved through negotiation, it shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules, before a single arbitrator in Indianapolis, Indiana. Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
These Terms, together with your executed Business Associate and Services Agreement (BASA), constitute the entire agreement between you and Fletcher Street Corporation regarding the Services and supersede any prior discussions or agreements. Pricing is governed separately by FCA's Price Card and is not part of this agreement.
We may update these Terms from time to time. We will notify Agency Partners of material changes by email at least 14 days before they take effect. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use and notify us of your intent to terminate before the effective date.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified only to the minimum extent necessary to make it enforceable.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it in the future.
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets without your consent, provided the assignee assumes all obligations under these Terms.
Notices to FCA should be sent to connect@compassplace.com. Notices to you will be sent to the email address on file for your account.
For questions about these Terms, contact:
Fletcher Street Corporation
Operating as First Call Advantage
Email: connect@compassplace.com