CareThru Terms, Security & Privacy

1) What CareThru Is (and Is Not)

CareThru is a coordination and organization tool designed to help caregivers manage tasks, schedules, information, and communications with a care team.

CareThru does not provide medical care, nursing services, diagnosis, treatment, or clinical advice. CareThru is not a medical device, not a telehealth platform, and is not a substitute for professional judgment or medical advice.

The Service is not for emergencies or time-sensitive communications. In an emergency, call your local emergency number (e.g., 911).

2) Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service without parental consent. The Service is not directed to children under 13.

If you use the Service on behalf of another person, organization, or the care recipient, you represent that you have all necessary rights, permissions, and legal authority to do so, including to share their information with the Service and with your invited team members (e.g., consent, power of attorney, or guardianship, as applicable).

You are responsible for safeguarding your account credentials and for all activity under your account.

We may terminate inactive accounts after 12 months of inactivity, with notice where feasible.

3) Care Teams, Roles, and Invitations

The Service allows you to create or join a care team and invite others (e.g., family, friends, and professional caregivers). You control who you invite and what they can see or do, where such controls are available (e.g., view-only or edit permissions).

Team “Owner” (payer) vs “Members”: The Owner manages billing and may set roles and permissions. Members may have view/edit rights depending on the Owner’s settings.

You are responsible for the accuracy of email addresses, for verifying the identity and consent of invitees before adding them, and for ensuring you have permission to invite and share information with each member you add.

You can remove team members at any time; removal revokes their access going forward but does not retroactively delete their prior activity or information they may have accessed.

If the Owner cancels or is removed, the team may be dissolved or transferred to another member, at our discretion.

4) Plans, Billing, and Team Size

We offer free and paid plans. Features, usage limits, and team-size allowances vary by plan and are described at the time of signup or within your account settings.

The Basic tier includes up to three (3) additional care‑team members. Larger teams can upgrade to increase allowances. Your plan covers your invited team; team members do not pay separately if they are covered by your plan.

By starting a paid plan, you authorize us and our payment processor to charge your payment method for the applicable fees, taxes, and any upgrade charges. Fees are non‑refundable except as required by law or expressly stated otherwise.

Upgrades are prorated and take effect immediately. Downgrades may take effect at the start of the next billing cycle and may reduce or disable features or access. Downgrades may result in loss of data or features; we recommend exporting data beforehand.

We may modify plan features or pricing with reasonable notice. Continued use after changes become effective constitutes acceptance. Any promotional pricing is limited to the stated term unless otherwise noted. Taxes are calculated based on your location and billing details you provide.

Refunds may be issued in cases of overcharges or as per our discretion, but subscription fees are generally non-refundable.

5) Trials, Promotions, Renewals, and Cancellations

If offered, free trials convert to paid plans unless you cancel before the end of the trial period. Eligibility for trials and promotions may be limited and we may terminate offers suspected of abuse (e.g., creating multiple accounts).

Plans renew automatically at the end of each billing cycle unless cancelled in your account or by contacting us as specified.

Upon cancellation, you retain access through the current billing period. After that, your access may be limited or terminated as described below; your account may revert to a free tier or be archived, with limited access to historical data. Chargebacks may result in immediate suspension.

6) Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, or misleading purposes.
• Upload or share content that is illegal, abusive, harassing, defamatory, discriminatory, invasive of privacy, or infringes on someone else’s rights.
• Attempt to hack, reverse engineer, disrupt, or interfere with the Service, other users, or our infrastructure.
• Upload malicious code or circumvent security or access controls.
• Misrepresent your identity or authorization to share information about a care recipient.
• Use the Service in a way that violates applicable laws or regulations.
• Send unsolicited communications or spam.
• Use automated tools to access or scrape the Service without permission.

We may investigate and suspend or terminate accounts for violations. Violations may result in immediate suspension without refund.

7) User Content and License

“User Content” includes any information, text, files, documents, notes, media, or other materials you or your team members submit to or store in the Service.

You retain ownership of your User Content. You grant CareThru a non-exclusive, worldwide, royalty‑free license to host, process, transmit, display, and otherwise use your User Content solely as necessary to provide, maintain, improve, secure, and support the Service, and as otherwise permitted by these Terms and our Privacy Policy.

You represent and warrant that you have all rights necessary to submit User Content to the Service and to grant the above license, including any required permissions or consents from care recipients.

We may delete User Content that violates these Terms, with or without notice.

8) Privacy, PHI, and HIPAA Status

Our handling of personal information is described in our Privacy Policy, which is incorporated by reference. Please review it carefully.

CareThru is not a HIPAA Covered Entity. Unless we have a separately executed Business Associate Agreement (available to eligible enterprise customers), CareThru is not your Business Associate. For consumer and small‑team plans, you use the Service for personal coordination and direct us to process information at your direction.

You are responsible for obtaining any required consents from care recipients and team members before sharing their information.

You understand that invited members of your team may access the information you choose to share with them, subject to your settings and permissions.

In the event of a data breach, we will notify affected users as required by applicable laws (e.g., GDPR, CCPA).

For users in the EU/EEA, we comply with GDPR; see our Privacy Policy for details on data transfers.

9) Health Disclaimers; No Medical Advice

As stated in Section 1, the Service may include organizational tools, reminders, summaries, or generalized educational content. Such information is for informational purposes only, not medical advice.

CareThru is not a medical device. No provider‑patient relationship is formed through the Service.

Do not rely on the Service for clinical decisions. Always consult qualified clinicians for diagnosis and treatment.

10) AI and Automated Features

AI‑generated summaries, suggestions, or classifications may be inaccurate or incomplete and are provided “as is” for convenience only. You are responsible for verifying any AI‑generated content and for any decisions made based on it.

We do not use your private User Content to train public or third‑party foundation models without your explicit consent. We may use de‑identified and aggregated data to improve the Service. We anonymize data in accordance with industry standards (e.g., removing personal identifiers) before using it for improvements.

11) Communications and Notifications (Email/SMS)

The Service may send you and your team members emails, SMS, or in‑app notifications (e.g., reminders, updates). Delivery is not guaranteed and should not be relied upon for urgent matters or emergencies.

If you opt in to SMS: Message and data rates may apply. Frequency varies. Reply STOP to end, HELP for help. Carriers are not liable for delayed or undelivered messages. For international users, additional charges may apply. You can revoke SMS consent at any time by replying STOP or via settings.

You can manage certain notification preferences in your settings. Some essential communications (e.g., account, billing, legal notices) may be required.

12) Security and Responsible Disclosure

We implement reasonable administrative, technical, and physical safeguards designed to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

You are responsible for maintaining the security of your devices and accounts.

If you believe you have discovered a vulnerability, please contact us at security@carethru.com with sufficient details to reproduce the issue. We aim to respond to vulnerability reports within 7 business days. Do not publicly disclose before we have a reasonable opportunity to investigate and remediate.

13) Third‑Party Services and Open Source

The Service may integrate with or link to third‑party services (e.g., Stripe for payments, AWS for storage, email delivery, file storage). Use of those services is subject to their own terms and privacy policies. We are not responsible for third‑party services.

Some components may be provided under open source licenses. Where applicable, the open source license terms govern those components.

14) Intellectual Property; Feedback

The Service, including software, interfaces, visuals, logos, and content we provide (excluding User Content), is owned by CareThru and its licensors and is protected by intellectual property laws. We grant you a limited, non‑exclusive, non‑transferable, revocable license to use the Service in accordance with these Terms.

If you submit feedback, ideas, or suggestions ("Feedback"), you grant us a perpetual, irrevocable, royalty‑free license to use the Feedback without restriction or obligation to you.

15) Availability; Beta and Changes to the Service

We strive to keep the Service available, but it may be unavailable or limited from time to time (e.g., maintenance, outages, changes).

From time to time we may offer Beta features. Beta features are provided “as is,” may be modified or discontinued at any time, and may have limited support.

We may add, remove, or modify features at any time. If changes materially reduce core functionality of a paid plan, we will provide at least 30 days' notice and options.

16) Data Export, Retention, and Deletion

You may export certain data from the Service where such functionality is provided.

Upon termination or deletion request, you may export available data for 30 days. After that, we will delete or de-identify your data within 60 days, except where retention is required by law or for legitimate business purposes (e.g., resolving disputes, complying with audits, or preventing fraud).

Some data may be retained as required by law or for legitimate business needs, even after account deletion (e.g., audit logs, billing records).

17) Termination and Suspension

You may terminate at any time via your account settings or by contacting support.

We may suspend or terminate your access (with or without notice) if we reasonably believe you violated these Terms, pose a risk to the Service or others, fail to pay fees, or as required by law.

Upon termination, your right to use the Service ceases. Certain provisions survive termination, including Sections 7, 8–11, 13–23.

18) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. This does not affect any statutory rights that cannot be waived.

WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.

19) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CARETHRU, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS (US $100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES OR WARRANTIES; THESE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

20) Indemnification

You agree to defend, indemnify, and hold harmless CareThru and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third‑party rights. We agree to indemnify you for claims that the Service infringes third-party intellectual property rights, subject to similar terms and limitations.

21) Dispute Resolution; Governing Law; Arbitration

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

INFORMAL RESOLUTION: Before filing a claim, you agree to try to resolve the dispute by contacting us at info@carethru.com with a brief description and your contact information; we will attempt to resolve within 30 days.

ARBITRATION: Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in Wilmington, Delaware, conducted in English, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. Arbitration costs will be shared equally, except as provided by the rules.

OPT‑OUT: You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@carethru.com with subject “Arbitration Opt‑Out.”

SMALL CLAIMS: Either party may bring qualifying claims in small‑claims court in your county of residence or in New Castle County, Delaware.

CLASS ACTION WAIVER: YOU AND CARETHRU 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 ACTION.

If arbitration is not enforceable for a particular claim, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

Consumers may have rights under local laws that provide for different dispute mechanisms; nothing in this section is intended to limit non‑waivable statutory rights.

22) International Use and Compliance

You are responsible for compliance with local laws. We do not represent that the Service is appropriate or available for use in all locations. The Service is not available in countries subject to U.S. sanctions.

You agree to comply with applicable export control and sanctions laws.

23) Accessibility

We are committed to providing an accessible experience. We aim to comply with WCAG 2.1 Level AA standards. If you encounter accessibility barriers, please contact us at accessibility@carethru.com so we can assist and improve.

24) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, utility failures, supply chain issues, internet or hosting outages, governmental actions, or pandemics.

25) Assignment; Severability; No Waiver; Entire Agreement

You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

If any provision is found unenforceable, the remainder remains in effect.

Our failure to enforce a provision is not a waiver.

These Terms, together with the Privacy Policy and any plan‑specific terms, are the entire agreement and supersede prior understandings on the subject matter.

26) Changes to These Terms

We may update these Terms from time to time. If we make material changes (e.g., new fees or reduced features), we will provide notice (e.g., by email, in‑product notice, or updated “Last updated” date). Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.