THE CARE APP INC.
TERMS OF SERVICE
Applies to the CARE mobile applications, websites, connected device features, and CARE
Effective Date: August 9th, 2026 | Supersedes the Terms of Service dated October 19, 2025
1. Agreement to These Terms
These Terms of Service ("Terms") form a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and The CARE App Inc., a Delaware corporation with its principal place of business at 530 Bridge Creek Blvd, Ocoee, FL 34761 ("CARE," "we," "us," or "our"), governing your access to and use of the Services defined in Section 2.
By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Services.
PLEASE READ THESE THREE THINGS CAREFULLY.
1. CARE IS NOT A MEDICAL PROVIDER. The Services are for general wellness and information only, and are not medical advice, diagnosis, or treatment. See Section 5. If you think you have a medical emergency, call 911 or your local emergency number.
2. SECTION 26 REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. You may opt out of arbitration within 30 days under Section 26.9.
3. SECTION 23 LIMITS OUR LIABILITY TO YOU. Our total liability is capped as described in that section.
1.1 Changes to These Terms
We may modify these Terms at any time. We will post the revised Terms with an updated effective date. For material changes, we will provide at least [30] days' advance notice by email to the address associated with your account or by in-app notification before the changes take effect. Your continued use of the Services after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Services and may cancel under Section 11. If we materially change Section 26 (Dispute Resolution), you will have a fresh 30-day right to opt out of arbitration as described in Section 26.9. Changes will not apply retroactively to any dispute of which we had notice before the effective date of the change.
1.2 Jurisdictional Limits
The Services are not directed to any person or entity in any jurisdiction where their provision would be contrary to law or would subject us to a registration requirement. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
2. The Services
"Services" means, collectively: the CARE mobile applications; thecarecompany.co, thecare.app, and any other CARE website, landing page, or social media presence; CARE connected device and wearable features; CARE Coach and other AI-assisted features; the CARE+ offering made available through employers, insurers, teams, and other organizations; and all content, data, software, and functionality made available through any of them.
The Services are structured around CARE's framework of biological, psychological, social, and spiritual dimensions of health, and include features such as activity and sleep tracking, recovery and strain scoring, fitness programming, nutrition planning, guided practices, check-ins, challenges, and informational reporting.
3. Eligibility
You must be at least 18 years old to use the Services. By using the Services you represent and warrant that: you are 18 or older and not a minor in your jurisdiction of residence; you have the legal capacity to enter into these Terms; you will not access the Services through automated or non-human means; you will not use the Services for any illegal or unauthorized purpose; your use will not violate any applicable law or regulation; and all information you provide is current, complete, and accurate. If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account.
You may not use the Services if you are located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive U.S. sanctions, or if you appear on any U.S. government restricted-party list.
4. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us promptly at support@thecare.app of any unauthorized use. You may not share your account, transfer it, or permit any other person to use it. We are not liable for any loss arising from unauthorized use of your account where you failed to safeguard your credentials.
5. Not Medical Advice; No Provider Relationship
THE SERVICES ARE FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
CARE is not a healthcare provider, and the Services are not a medical device. The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, and are not a substitute for consultation with a qualified physician, therapist, licensed clinician, dietitian, or other healthcare professional. No physician-patient, therapist-client, or other professional relationship is created by your use of the Services.
All scores, trends, insights, recommendations, predictive or early-signal indicators, programming, nutritional calculations, and content generated by CARE Coach or any other automated feature are informational outputs derived from data you and your connected devices supply. They may be incomplete, inaccurate, delayed, or unsuitable for your circumstances.
Always seek the advice of your physician or other qualified health provider with any question you have regarding a medical condition, medication, symptom, diet, or exercise program. Never disregard professional medical advice or delay seeking it because of something you have read or received through the Services. If you think you may have a medical emergency, call your doctor or 911 (or your local emergency number) immediately.
5.1 Regulatory Scope
The Services are offered as general wellness products and are not regulated medical devices. CARE is not a covered entity or a business associate under the Health Insurance Portability and Accountability Act ("HIPAA"), the Services are not designed to receive, store, or transmit protected health information subject to HIPAA, and nothing in these Terms is a representation that the Services are HIPAA-compliant. Do not submit protected health information to the Services on behalf of any other person. Health and wellness information you provide about yourself is governed by our Privacy Policy and by applicable consumer privacy and consumer health data laws rather than by HIPAA.
6. Referrals, Care Partners, and Escalation Features
The Services may identify, surface, or facilitate an introduction to third-party clinicians, crisis resources, care partners, coaches, or other providers ("Referral Partners"). Any such feature is a convenience only.
THE SERVICES ARE NOT A MONITORING SERVICE, AN ALARM SERVICE, AN EMERGENCY RESPONSE SERVICE, OR A SUBSTITUTE FOR ONE. DO NOT RELY ON THE SERVICES TO SUMMON HELP IN AN EMERGENCY.
7. Assumption of Risk — Physical Activity and Nutrition
Physical exercise, dietary change, breathwork, fasting, sleep modification, and similar activities carry inherent risk of injury, including serious injury or death. You should obtain clearance from a physician before beginning or materially changing any exercise or nutrition program, particularly if you are pregnant, have a chronic condition, take prescription medication, or have a history of cardiac, musculoskeletal, metabolic, or psychiatric conditions.
You voluntarily assume all risks associated with your participation in any activity suggested by, tracked through, or undertaken in connection with the Services, and you are solely responsible for exercising your own judgment about whether any activity is appropriate for you. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any other symptom of distress.
8. Connected Devices and Third-Party Integrations
The Services may connect to CARE devices, third-party wearables, and health platforms including Apple Health (HealthKit) and Google Health Connect. Data accuracy depends on those devices and platforms, which are outside our control and subject to measurement error, latency, and interruption. We do not warrant the accuracy of any sensor reading or derived metric. Third-party devices, platforms, and services are governed by their own terms and privacy policies, and we are not responsible for them. We may modify, suspend, or discontinue any integration at any time, including where a third party changes or terminates its interface.
9. CARE Coach and AI-Assisted Features
CARE Coach and certain other features generate responses using automated systems, including third-party language models. You acknowledge that:
You may not use the Services to develop, train, or improve any competing machine learning or artificial intelligence model, or to scrape, extract, or systematically retrieve outputs for that purpose.
10. Subscriptions, Fees, and Automatic Renewal
10.1 Plans and Payment
Some features require a paid subscription. Current pricing is displayed at the point of purchase. All prices are in U.S. dollars, and we accept payment by major credit and debit cards and through the Apple App Store and Google Play, as offered at checkout. Applicable sales tax will be added. You agree to provide current, complete, and accurate purchase and account information and to keep it updated. We may change prices at any time; price changes affecting a recurring subscription will take effect at the start of the next billing period following at least [30] days' notice, and you may cancel before then to avoid the new price. We may correct pricing errors and may refuse or cancel any order.
10.2 Automatic Renewal
YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. Unless you cancel before the end of the then-current term, your subscription will automatically renew for successive periods of the same length — monthly for monthly plans, annually for annual plans — and you authorize us or the applicable app store to charge your payment method the then-current price for each renewal without further approval, until you cancel. You will be charged at the start of each renewal term. We will send renewal reminders where required by law.
10.3 Free Trials and Promotional Access
We may offer free trials or promotional access. Unless you cancel before the trial ends, the trial converts automatically to a paid subscription and your payment method will be charged. We will disclose the trial length, the price after conversion, and the cancellation deadline at the point of enrollment. Trials are limited to one per person unless we state otherwise, and we may modify or withdraw a trial offer at any time.
11. Cancellation and Refunds
You may cancel at any time through your account settings or, if you subscribed through the Apple App Store or Google Play, through that platform's subscription management settings. Cancellation takes effect at the end of your then-current paid term, and you retain access until then. No further charges will be made after cancellation takes effect.
Except where required by applicable law or by the policies of the platform through which you purchased, fees already paid are non-refundable and no partial or pro-rata refunds are issued. If you subscribed through an app store, refunds are handled by that platform under its policies and we cannot process them. If you are unsatisfied, email contact@thecare.app and we will try to help. [CONFIRM whether CARE wishes to offer a discretionary satisfaction guarantee; several state auto-renewal laws also require a specific cancellation mechanism that is at least as easy as enrollment.]
12. Referral and Ambassador Programs
We may offer programs that let you earn free or discounted access, discount codes, or other rewards by inviting others. Participation is voluntary and subject to any additional program rules we publish.
13. CARE+ and Organization-Sponsored Access
If your access is sponsored by an employer, insurer, team, or other organization, additional terms may apply between us and that organization, and your access may end when the sponsorship ends. We do not provide your individual health data, scores, or CARE Coach conversations to your sponsoring organization; reporting is aggregated or de-identified as described in the Privacy Policy. Where an organization purchases CARE+ under a separate written agreement, that agreement governs the organization's use and controls over these Terms to the extent of any conflict as between CARE and the organization.
14. Intellectual Property and License
The Services are our proprietary property. All source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, algorithms, and scoring methodologies (collectively, the "Content"), and all trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by us or licensed to us and are protected by intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to download or print portions of the Content to which you have properly gained access, solely for your personal, non-commercial use. All rights not expressly granted are reserved. No part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. This license terminates automatically when your right to use the Services ends.
15. Your Content, Feedback, and Reviews
15.1 Your Contributions
The Services may allow you to create, submit, post, or transmit content, including text, images, video, audio, comments, and profile information ("Contributions"). You retain ownership of your Contributions. You grant CARE a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify for formatting purposes, display, and distribute your Contributions solely as necessary to operate, provide, and improve the Services and as permitted by your privacy settings. This license ends when you delete the Contribution, except for copies retained in routine backups and for Contributions others have already shared.
You represent and warrant that your Contributions do not infringe any third party's rights; that you have all necessary rights, consents, and permissions, including from any identifiable individual appearing in them; that they are not false, misleading, unlawful, obscene, harassing, threatening, defamatory, or promotional of violence; that they do not violate any person's privacy or publicity rights; and that they do not violate any applicable law. You are solely responsible for your Contributions.
15.2 Feedback
If you send us suggestions, ideas, or feedback about the Services, you agree that we may use and share it for any purpose without obligation or compensation to you, and you waive any moral rights in it. Feedback is not confidential.
15.3 Your Right to Review the Services Honestly
Nothing in these Terms restricts your right to publish honest reviews, ratings, or other assessments of CARE or the Services, whether positive or negative. We will not penalize you, terminate your account, or take any other adverse action against you for publishing an honest review.
16. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make them available, and may not use them for commercial endeavors except those we specifically endorse. You agree not to:
17. Third-Party Websites and Content
The Services may contain links to third-party websites, applications, services, or content. We do not investigate, monitor, or verify them, and we are not responsible for their accuracy, legality, or practices. Accessing them is at your own risk and subject to their terms. We are not a party to, and have no responsibility for monitoring, any transaction between you and a third-party provider.
18. Service Management
We reserve the right, but not the obligation, to: monitor the Services for violations of these Terms; take legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting them to law enforcement; refuse, restrict access to, limit the availability of, or disable any Contribution; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Services to protect our rights and property and to facilitate proper functioning.
19. Term; Suspension and Termination
19.1 Term
These Terms take effect when you first access or use the Services and remain in effect until terminated by you or by us.
19.2 Termination by You
You may stop using the Services at any time and may cancel any paid subscription under Section 11. You may request deletion of your data as described in the Privacy Policy.
19.3 Suspension or Termination by CARE
We may, in our sole discretion and with or without notice, suspend, restrict, modify, or terminate your account or your access to all or part of the Services, and may remove or disable any content, at any time and for any or no reason, including where we believe that:
Where reasonably practicable and legally permitted, we will provide notice. If we terminate or suspend your account, you may not register a new account under your name, a fake or borrowed name, or the name of a third party. We also reserve the right to pursue civil, criminal, and injunctive redress.
19.4 Effect of Termination
Upon termination, your right to access and use the Services immediately ceases, and we may delete or de-identify your account data in accordance with the Privacy Policy and applicable law. Except where required by applicable law or the policies of the platform through which you purchased, fees already paid are non-refundable. If we terminate a paid subscription without cause and not for your breach, we will refund the unused portion of your then-current term. Termination does not limit any other right or remedy available to us.
19.5 Survival
Sections 5 through 9, 14, 15, and 19.4 through 32, together with any other provision that by its nature should survive, will survive termination or expiration of these Terms.
20. Modifications and Interruptions
We may change, modify, or remove the contents of the Services at any time at our sole discretion, and may modify or discontinue all or part of the Services. We have no obligation to update any information. We cannot guarantee the Services will be available at all times; we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. Subject to Section 23, we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain or support the Services or to supply corrections, updates, or releases. If we permanently discontinue a paid feature that was material to your subscription, we will provide a pro-rata refund of prepaid fees for the remainder of your term.
21. User Data
We maintain data you transmit to the Services for the purpose of managing performance, and data relating to your use of the Services. Although we perform routine backups, you are responsible for retaining your own copies of any data that is important to you, and we recommend exporting your data periodically. Subject to Section 23 and to our obligations under applicable data protection law, we are not liable for any loss or corruption of data.
22. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL CONTENT, DATA, SCORES, INSIGHTS, SOFTWARE, DEVICES, AND MATERIALS MADE AVAILABLE THROUGH THEM, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
CARE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "CARE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, THE CARE PARTIES MAKE NO WARRANTY AND UNDERTAKE NO OBLIGATION THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR HEALTH, FITNESS, MENTAL-HEALTH, OR OTHER OUTCOME; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) ANY DATA, METRIC, BIOMARKER READING, SCORE, TREND, ALERT, OR INSIGHT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (d) DEFECTS WILL BE CORRECTED; (e) THE SERVICES WILL BE COMPATIBLE WITH, OR CONTINUE TO INTEGRATE WITH, ANY THIRD-PARTY DEVICE, PLATFORM, WEARABLE, OR HEALTH DATA SOURCE; OR (f) THE SERVICES WILL DETECT, PREDICT, FLAG, OR WARN OF ANY CONDITION, DETERIORATION, RISK, OR EVENT.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR INACCURACIES OF CONTENT; UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY INFORMATION STORED THEREIN; INTERRUPTION OR CESSATION OF TRANSMISSION; BUGS, VIRUSES, OR SIMILAR MATERIAL TRANSMITTED BY ANY THIRD PARTY; OR ANY LOSS OR DAMAGE INCURRED FROM CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY.
No advice or information, oral or written, obtained from any CARE Party or through the Services creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you; in that case such warranties are limited to the minimum scope and duration permitted by law.
23. Limitation of Liability
23.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY CARE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, PERSONAL INJURY, EMOTIONAL DISTRESS, OR LOSS OF PRIVACY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF A CARE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
23.2 Aggregate Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE CARE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO CARE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US $100.00).
This cap is aggregate and cumulative; multiple claims will not enlarge it. If you have not paid us any amounts, your sole and exclusive remedy is to discontinue use of the Services.
23.3 Allocation of Risk
You acknowledge that the pricing of the Services reflects this allocation of risk, that the disclaimers and limitations in these Terms are a fundamental basis of the bargain between you and CARE, and that we would not provide the Services on these terms without them.
23.4 Exceptions
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where applicable, liability for death or personal injury caused by a party's gross negligence, fraud, fraudulent misrepresentation, or willful misconduct. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not fully apply to you; in that case our liability is limited to the greatest extent permitted by applicable law.
24. Indemnification
You agree to defend, indemnify, and hold harmless the CARE Parties from and against any and all claims, demands, actions, investigations, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense. You will not settle any matter that imposes any obligation, liability, or admission on any CARE Party without our prior written consent. We will use reasonable efforts to notify you of any claim subject to this indemnification upon becoming aware of it. This indemnity is in addition to, and not in lieu of, any other remedy available to us, and survives termination.
25. Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act and other federal law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. Nothing in this Section deprives you of the protection of mandatory consumer-protection provisions of the law of the country or state in which you reside that cannot be derogated from by agreement.
26. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH CARE THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF, INCLUDING BY WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. IT CONTAINS AN OPT-OUT RIGHT IN SECTION 26.9.
26.1 Informal Resolution First
Before commencing arbitration or any other proceeding, you and CARE agree to attempt to resolve the dispute informally. You must send written notice to legal@thecarecompany.co and to The CARE App Inc., Attn: Legal, 530 Bridge Creek Blvd, Ocoee, FL 34761, describing the dispute, the relief sought, and your account information. We will send notice to the email address associated with your account. The parties will negotiate in good faith for sixty (60) days from receipt. This period is a condition precedent to commencing arbitration, and any applicable limitations period is tolled during it.
26.2 Binding Arbitration
If the dispute is not resolved informally, all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or the relationship between you and CARE — including claims arising before the effective date of these Terms and claims regarding the validity, enforceability, or scope of this arbitration provision (except as stated in Section 26.5) — will be resolved exclusively by final and binding individual arbitration, and not in court. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by these Terms, before a single arbitrator. Unless the parties agree otherwise, the seat of arbitration is Orange County, Florida; if you are a consumer, you may elect to have the arbitration conducted by telephone, by videoconference, on written submissions, or in the county of your residence. The arbitrator must follow applicable law and issue a reasoned written decision, and may award the same individual relief a court could award. Judgment on the award may be entered in any court of competent jurisdiction. Arbitration fees are governed by the AAA Consumer Rules. Either party may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award.
26.3 Class Action and Jury Trial Waiver
YOU AND CARE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court identified in Section 26.7, and all other claims will proceed in arbitration.
26.4 Severability of This Section
If any part of this Section 26 other than Section 26.3 is found illegal or unenforceable, that part will be severed and the remainder will continue to apply. If Section 26.3 is found illegal or unenforceable in its entirety, then this entire Section 26 (other than this sentence and Section 26.7) will be null and void as to the affected dispute.
26.5 Exceptions to Arbitration
Either party may (a) bring an individual claim in small claims court if it qualifies and remains there; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, theft, piracy, invasion of privacy, or unauthorized access to the Services. Disputes concerning the enforceability, scope, or validity of the class action waiver in Section 26.3 are for a court, not the arbitrator, to decide.
26.6 Coordinated Claims
If twenty-five (25) or more similar arbitration demands are filed against CARE by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches of no more than fifty (50) at a time, with a single arbitrator per batch, and any applicable limitations period is tolled for demands not yet in an active batch. The parties will work in good faith with AAA to implement this process.
26.7 Forum for Non-Arbitrable Claims
For any dispute not subject to arbitration, you and CARE consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida, and waive any objection based on inconvenient forum or lack of personal jurisdiction.
26.8 Limitations Period
To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrues, or it is permanently barred.
26.9 Right to Opt Out of Arbitration
You may opt out of Sections 26.2, 26.3, and 26.6 within thirty (30) days of first accepting these Terms by sending written notice to legal@thecarecompany.co with your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms or your use of the Services.
26.10 Users in the EEA, UK, and Switzerland
If you reside in the European Economic Area, the United Kingdom, or Switzerland, Sections 25 (as to governing law), 26.2, 26.3, 26.7, and 26.8 do not apply to the extent they conflict with mandatory local law. You may bring proceedings in the courts of your country of residence, the law of that country governs to the extent it provides mandatory protections, and you retain access to any applicable online dispute resolution or consumer redress mechanism.
27. Apple and Google App Store Terms
The following applies if you download the CARE application from the Apple App Store:
If you download the application from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not responsible for the application or for providing support.
28. Copyright Complaints
If you believe content on the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent at legal@thecarecompany.co, including: a signature of the person authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and where it is located; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We will respond to valid notices and may terminate the accounts of repeat infringers. [CONFIRM registration of a DMCA agent with the U.S. Copyright Office — safe harbor requires it.]
29. Electronic Communications and Signatures
Visiting the Services, sending us email, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You waive any right under any law requiring an original signature or non-electronic records. If you consent to receive SMS messages, message and data rates may apply, message frequency varies, you may opt out at any time by replying STOP, and you may get help by replying HELP.
30. U.S. Government Rights
The Services are "commercial items" as defined in FAR 2.101. If acquired by or on behalf of any agency outside the Department of Defense, the Services are subject to these Terms in accordance with FAR 12.212 (computer software) and FAR 12.211 (technical data). If acquired by or on behalf of an agency within the Department of Defense, they are subject to these Terms in accordance with DFARS 227.7202-3, and DFARS 252.227-7015 applies to technical data acquired by the DOD. This clause supersedes any other FAR, DFARS, or similar clause addressing government rights in computer software or technical data.
31. Corrections
The Services may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, and availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.
32. Miscellaneous
These Terms, together with any policies or operating rules we post, constitute the entire agreement between you and us regarding the Services. Our failure to exercise or enforce any right or provision is not a waiver of it. We may assign our rights and obligations at any time; you may not assign yours without our prior written consent. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, it is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Terms. These Terms will not be construed against us by virtue of our having drafted them. You waive any defense based on the electronic form of these Terms and the absence of signatures.
33. Contact Us
The CARE App Inc., 530 Bridge Creek Blvd, Ocoee, FL 34761
General and complaints: contact@thecare.app | Support and account deletion: support@thecare.app | Legal and arbitration notices: legal@thecarecompany.co | Privacy: privacy@thecarecompany.co