Last Updated: March 21, 2025

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Caregenda (“we,” “us,” or “our”), concerning your access to and use of the Caregenda website, mobile application, and care coordination platform (collectively, the “Service”).

YOU AGREE THAT BY ACCESSING THE SERVICE, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

2. AGE RESTRICTIONS

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service. By using the Service, you represent and warrant that you are 18 years of age or older.

3. USER REGISTRATION

You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. SERVICE DESCRIPTION

Caregenda is a care coordination platform designed to help families organize and manage caregiving responsibilities. The Service provides tools for scheduling, task assignment, and communication related to caregiving activities.

4.1 NOT A HEALTHCARE SERVICE

IMPORTANT: Caregenda is NOT a healthcare service, medical device, or substitute for professional healthcare advice, diagnosis, or treatment.

The Service is a scheduling and coordination tool only. We do not provide medical advice, diagnoses, treatments, or healthcare services of any kind. The Service should never be used in emergency situations. In case of a medical emergency, please call your local emergency services immediately.

4.2 NOT FOR PROTECTED HEALTH INFORMATION

Caregenda is NOT designed to store or process protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA).

Users explicitly agree NOT to input or store:

  • Detailed medical records
  • Diagnoses
  • Treatment plans
  • Lab results
  • Prescription details
  • Insurance information
  • Other protected health information

The Service should be used for general scheduling and coordination purposes only. While we understand that caregiving may involve health-related appointments, users should limit health-related content to general scheduling information (e.g., “Doctor appointment” rather than specific medical details).

5. SUBSCRIPTION TERMS

5.1 Subscription Plans

Caregenda offers the following subscription plans:

  • Free: Limited features for basic care coordination
  • Basic ($8.99/month or $85.00/year): More features for easier care management
  • Pro ($14.99/month or $140.00/year): Full features with AI for personalized scheduling

5.2 Free Trial

We may, at our sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by us until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.

5.3 Billing

All purchases are final and non-refundable. We automatically bill you through your selected payment method (Stripe). For monthly subscriptions, your subscription will automatically renew each month on the anniversary date of your initial subscription. For annual subscriptions, your subscription will automatically renew each year on the anniversary date of your initial subscription. You can cancel your subscription at any time through your account settings.

5.4 Fee Changes

We may, at our sole discretion and at any time, modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

6. USER CONTENT

6.1 User Content Defined

“User Content” means any and all information and content that a user submits to, or uses with, the Service (e.g., task descriptions, schedule entries, messages, comments). You are solely responsible for your User Content and assume all risks associated with your User Content. You represent and warrant that your User Content does not violate our Acceptable Use Policy (set forth below).

6.2 No Obligation to Pre-Screen Content

We have the right (but not the obligation) to, in our sole discretion, remove, disallow, or block any User Content that, in our judgment, violates these Terms of Service or is otherwise objectionable.

6.3 License to User Content

By posting User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, and display your User Content for the purpose of providing the Service. This license is necessary for us to provide our services to you and other users.

6.4 Privacy and Data Protection

For information regarding how we collect, use, and share your information, please review our Privacy Policy.

7. PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

  1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
  4. Engage in unauthorized framing of or linking to the Service.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  8. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
  9. Attempt to impersonate another user or person or use the username of another user.
  10. Sell or otherwise transfer your profile.
  11. Use any information obtained from the Service in order to harass, abuse, or harm another person.
  12. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  14. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
  16. Delete the copyright or other proprietary rights notice from any Content.
  17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
  18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
  20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
  21. Use the Service in a manner inconsistent with any applicable laws or regulations.
  22. Input or store any protected health information (PHI) as defined by HIPAA.

8. THIRD-PARTY WEBSITES AND CONTENT

The Service may contain (or you may be sent via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Third-Party Services

The Service integrates with third-party services, including but not limited to:

  • Google Calendar, Apple Calendar, and Outlook (for calendar integrations)
  • Google and Facebook (for authentication)
  • Stripe (for payment processing)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices employed by these third-party services.

9. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Service for violations of these Terms of Service;
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service;
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. Manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

10. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. CARE COORDINATION DISCLAIMER

11.1 No Guarantee of Accuracy

While Caregenda strives to provide accurate scheduling and coordination features, we cannot guarantee that all schedules, reminders, or notifications will be delivered in a timely manner or at all. Various factors, including but not limited to internet connectivity, device settings, and server availability, may affect the delivery of notifications and the accuracy of scheduling features.

11.2 No Liability for Care Outcomes

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAREGENDA IS NOT RESPONSIBLE OR LIABLE FOR ANY CARE OUTCOMES, MISSED APPOINTMENTS, UNCOMPLETED TASKS, OR ANY HARM OR INJURY RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE. CAREGENDA IS A TOOL TO ASSIST WITH CARE COORDINATION, BUT THE ULTIMATE RESPONSIBILITY FOR PROVIDING APPROPRIATE CARE LIES WITH THE USERS.

11.3 Not a Substitute for Professional Care

Caregenda is not a substitute for professional healthcare services, emergency services, or professional caregiving. Users should always seek appropriate professional care when needed and should not rely solely on Caregenda for critical care needs.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

13. DISCLAIMER

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service.

16. USER DATA

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

18. GOVERNING LAW

These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For users located in the European Union or other jurisdictions with consumer protection laws, nothing in these Terms shall override your statutory rights under the laws of your local jurisdiction.

Any dispute, controversy, or claim arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Delaware, United States, unless mandatory consumer protection laws in your jurisdiction require otherwise.

19. DISPUTE RESOLUTION

19.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

19.2 Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be determined by binding arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall be limited solely to the Dispute between you and us. The arbitration shall be conducted in the State of Delaware, in accordance with the rules of the American Arbitration Association then in effect. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

19.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. CORRECTIONS

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

21. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

Caregenda Email: [email protected]