Terms of Service

Welcome to CareCompanion. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CareCompanion ("Company," "we," "us," or "our") governing your access to and use of our care management application and related services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility and Account Registration

1.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

1.2 Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

1.3 Account Authorization

If you are using the Service on behalf of a family, you represent and warrant that you have the legal authority to enter information about children and other family members. You acknowledge that you are solely responsible for ensuring you have proper authorization to enter and manage information about minors in your care.

2. Description of Service

CareCompanion provides a care management platform designed to help parents, caregivers, and medical providers track and manage care for children, including but not limited to:

• Daily activity and health logging
• Medication tracking and reminders
• Pattern analysis and insights
• Family communication tools
• Report generation for medical providers

3. Acceptable Use Policy

3.1 Permitted Use

The Service is intended solely for the lawful purpose of managing care for children and family members. You may only use the Service for its intended purposes in accordance with these Terms and all applicable laws.

3.2 Prohibited Conduct

You agree NOT to use the Service to:

• Violate any law: Engage in any activity that violates any applicable federal, state, local, or international law or regulation, including but not limited to laws regarding child welfare, privacy, or data protection.
• Harm children: Enter false, misleading, or fabricated information about children; use the Service in any way that could harm, exploit, or endanger children; or use information obtained through the Service to harm any child.
• Commit fraud: Misrepresent your identity, relationship to any child, or authorization to access information; create fraudulent accounts; or engage in any deceptive practices.
• Harass or abuse: Harass, threaten, intimidate, stalk, or abuse any person, including other users, family members, or our staff.
• Unauthorized access: Access or attempt to access accounts, information, or systems you are not authorized to access; circumvent security measures; or interfere with the proper functioning of the Service.
• Intellectual property violations: Infringe upon any intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
• Malicious activities: Upload, transmit, or distribute any viruses, malware, or other harmful code; attempt to gain unauthorized access to our systems; or engage in any activity that could damage, disable, or impair our servers or networks.
• Commercial exploitation: Use the Service for unauthorized commercial purposes, including selling or reselling access to the Service, data scraping, or competing business activities.
• Misuse of data: Collect, harvest, or store personal information about other users without their consent; share login credentials; or transfer account access without authorization.
• False reporting: Knowingly enter false medical or health information, file false reports, or manipulate data to misrepresent a child's condition or care.

3.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including without limitation: removing content, suspending or terminating accounts, reporting to law enforcement authorities, and pursuing civil remedies.

4. Subscription and Payment

4.1 Subscription Plans

Access to certain features of the Service requires a paid subscription. Subscription details, including pricing and features, are described on our website and may change from time to time with reasonable notice.

4.2 Free Trial

We may offer a free trial period. At the end of the trial, you will be charged for your selected subscription plan unless you cancel before the trial ends.

4.3 Billing

By subscribing, you authorize us to charge your designated payment method on a recurring basis. You are responsible for maintaining valid payment information and for all charges incurred under your account.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. We do not provide refunds for partial billing periods, except as required by applicable law.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by CareCompanion or its licensors and is protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

5.2 Your Content

You retain ownership of the content you submit to the Service ("User Content"). By submitting User Content, you grant us a limited, non-exclusive license to use, store, and process your User Content solely for the purpose of providing and improving the Service. We will not use your User Content for any other purpose without your consent.

6. Medical Disclaimer

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

• The Service is a care management tool designed to help you organize and track information. It does not provide medical advice.
• Any insights, patterns, or alerts generated by the Service are for informational purposes only and should not be relied upon for medical decisions.
• Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
• Never disregard professional medical advice or delay in seeking it because of something you have read or observed in the Service.
• In case of a medical emergency, call 911 or your local emergency services immediately.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARECOMPANION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Indemnification

You agree to defend, indemnify, and hold harmless CareCompanion and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any User Content you submit to the Service
• Any activity related to your account

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@mycarecompanion.net to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Texas. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND CARECOMPANION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Texas for any disputes not subject to arbitration.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• You may request a copy of your data before termination takes effect
• We may delete your account and all associated data
• All provisions of these Terms which by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we will provide additional notice (such as email notification). Your continued use of the Service after any changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CareCompanion regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Contact Information

If you have any questions about these Terms, please contact us at:

CareCompanion
Email: legal@mycarecompanion.net
Address: Texas, United States