Effective Date: February 25, 2022
Description of our Services
Our goal is to provide tools and support to individuals, including in-home caregivers, partners, spouses, family members, or friends (“Caregivers”) who care for older adults (“Care Recipients”) through a multi-purpose technology platform which includes our application and/or website (together, our “Platform”) and Services. We believe that collaborating with third parties, including national and local organizations which focus on caregiving, life science companies, health care systems, and public and private research institutions is critical to advance our society’s understanding about caring for older adults and, in particular, to provide methods and resources for caregivers.
THE COMPANY IS NOT A LICENSED HEALTH CARE PROVIDER AND USE OF OUR PLATFORM AND OUR SERVICES IS NOT INTENDED TO REPLACE PROFESSIONAL HEALTH CARE ADVICE. OUR SERVICES OFFER SUPPORT TO CAREGIVERS OF OLDER ADULTS BUT DO NOT DIAGNOSE, TREAT OR MANAGE ANY HEALTH CONDITION OR RENDER MENTAL HEALTH TREATMENT. USE OF OUR PLATFORM, OUR SERVICES AND ANY CONTENT DOES NOT REPLACE THE NEED FOR YOU TO SEEK CARE FROM A HEALTH CARE PROVIDER IF NEEDED. IF YOU BELIEVE YOU OR A CARE RECIPIENT IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR VISIT THE NEAREST EMERGENCY ROOM IMMEDIATELY.
Use of our Services and Platform; Registration
By using our Platform and other Services, you warrant that you are 18 years of age or older. Our Services are intended to support Caregivers. Each Care Recipient will have an individual account which may be accessed and used by one or more Caregivers associated with a Care Recipient (“Care Guide Account”). Each Caregiver may be referred to as a “User”.
A Caregiver will register to use the Services and the Platform by creating the Care Guide Account and may invite multiple Caregivers to register in order to access the Care Guide Account and use our Services and Platform. To register, you will be asked to provide your name, email address, and other information about you as well as the name of the Care Recipient. If any paid features of the Services are selected by you, you may be asked to provide credit or debit card or other payment information. By selecting or enabling a paid service and/or by confirming your desire to make the payment, you expressly authorize CareVirtue to immediately withdraw funds from your account and/or charge your payment card (as applicable) in the amount confirmed by you. If the paid service or feature that you request is on-going and subject to recurring payments, you expressly authorize CareVirtue to withdraw funds from your account and/or charge your payment card on a recurring basis until you affirmatively stop, cancel, or remove the paid service or feature in accordance with this Agreement (or until such paid service or feature is terminated by us).
The Services are comprised of two main components. The first main component of the Services will facilitate you to do the following : (i) record notes, events, actions, reminders, tasks, dates, and updates in connection with the personal care of a Care Recipient; (ii) create schedules and keep track of appointments in connection with the personal care of a Care Recipient; (iii) communicate with other Users through a variety of means including videoconferencing, telephone, chat-based interactions in the application, direct messaging, and other forms of electronic communications; (iv) upload, store, and view documents (such as, for example, legal documents), notes and other materials related to a Care Recipient; (v) search for articles, academic postings, blogs, and general educational materials about providing personal care and about healthcare issues generally for older adults; and (vi) post information to general forums of other Users unaffiliated with the Care Recipient and communicate with those Users in a public forum. The other component of our Services involves interacting with personal care coaches (“Care Coaches”), which may take place in a variety of ways such as web-based videoconferencing, direct messaging, audio communications, and store and forward technologies.
Restrictions on Use
Your use is limited as follows:
- You will not use the Services, Platform or Content for unlawful purposes, and you will comply with all applicable laws and regulations while using them.
- You must not interfere, disrupt, or damage the operation of CareVirtue or its Services, Platform or Content, including by transmitting any viruses, worms, spyware, malware, or any other code of a destructive or disruptive nature.
- You will not infringe on the copyright or other intellectual property rights of CareVirtue or others or violate the privacy or publicity rights of CareVirtue or others.
- You may not electronically copy and print to hard copy portions of materials you find on our Platform, including without limitation, the Content, unless for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact.
- You will not access or use the Services, Platform or Content from outside the United States. If you do access or use the Services, Platform or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you do so.
Consent to the Services and Use of Electronic Communications
By registering, you have given your consent to your use of the Platform and Services. CareVirtue and Care Coaches may communicate with you via a variety of methods, including the following:
- Text/SMS – for account notifications
- Videoconferencing- authorized service providers may use CareVirtue to coordinate or host a video conference to provide Services. Videoconferencing may not be available within the mobile application.
- Store and Forward Technologies- You may enter data through direct or indirect channels which will be shared with your CareVirtue to augment the Services.
- Direct Messaging – CareVirtue may communicate with you via the application’s direct messaging functionality. This method of communication may spur further interactions including video conference, audio communication (including telephone), and store and forward technologies.
By registering to use our Services, you consent to receive electronic communications from CareVirtue and CareVirtue’s Care Coaches through a variety of means which may include (i) notices about your account (e.g., payment authorizations, password changes and other transactional information), (ii) informational communications via push notifications about care plans of your Care Recipient, progress tracking, appointment reminders and the like, and (iii) promotional communications via email, including newsletters, surveys, special offers and other information we think may be of interest to you. By providing your phone number to us, you consent to be contacted at the number you have provided, including calls and/or text messages regarding the Services. Message and data rates may apply.
Connectivity and Opt-In
If you access and use the Services, Platform or Content on your smartphone, tablet, or other mobile device, you must have internet connectivity and necessary telecommunication links. CareVirtue does not have any responsibility or liability for any message and data charges that you incur from your mobile service provider or from other third parties to use the Services and the Platform. CareVirtue is not liable for any delay in the receipt of any messages or content, as delivery is subject to effective transmission from your mobile service provider. In-app messaging from CareVirtue and text messages are provided on an “as is” basis and may not be available in all areas at all times. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you will depend on your transactions with us. By agreeing to receive text messages, you understand and agree that CareVirtue may use an automatic system to deliver text messages to you.
In addition to text messages from us, by using CareVirtue, you agree to the receipt of a variety of communications (including but not limited to emails, telephone calls, short messaging services (SMS), newsletters, surveys, and other forms of information) regarding common health related topics or preventive care messages, and links to other related information. These communications and resources are for general educational and informational purposes only and should not be relied upon as a substitute for therapy, treatment, or health care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be authored by CareVirtue. CareVirtue makes no warranty as to the content of these materials or the information contained therein. If you do not wish to receive such communications, you may opt-out at any time by replying “STOP” to a text message or by emailing us at support -at- carevirtue.com.
Users may post, upload or otherwise contribute and share with other Users content to the Platform, such as messages, information, and photographs (“User Content”). By creating or contributing User Content on the Platform, you grant CareVirtue an irrevocable and perpetual, non-exclusive, transferable, royalty-free, world-wide license, by ourselves or with others, to use, copy, sub-license, sell, assign, distribute, publicly display, publish, revise, and incorporate into other works, any User Content and any works derived from that User Content. You agree that any User Content will not contain any material that: is false or misleading; is defamatory, deceptive, or fraudulent; violates any person’s privacy rights; infringes or violates any copyright, trademark or other intellectual property right; violates any US or foreign law or regulation, including without limitation any law governing advertising or testimonials; and/or in CareVirtue’s sole discretion, objectionable or inappropriate for the Platform. You understand and agree that the inclusion of any User Content on the Platform is not, and shall not be, an endorsement of any idea, product or service by CareVirtue.
Privacy; Confidentiality on the Internet
You have no ownership rights in the Services. The Services and all Content are protected by copyright law and other intellectual property laws and are the property of CareVirtue, its affiliates or licensors and CareVirtue retains all right, title and interest in and to the Services, Platform and all Content owned by it and software used to operate CareVirtue and the Services and Platform, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary rights in CareVirtue and its related software and data services, except for Content and technology licensed by CareVirtue, in which case the applicable licensor retains title and ownership rights. Nothing contained herein should be construed as granting, by implication or otherwise, any license or right to use any trademarks, service marks or logos displayed in connection with CareVirtue without the express written consent by CareVirtue or the third-party owner of such trademarks, service marks and logos.
Links to Other Websites
Although it is our intention for the Services and Platform to be available at all times, there will be occasions when availability may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. CareVirtue will not be liable to you for any modification, suspension, or discontinuation of the Services or Platform, or the loss of any content.
CAREVIRTUE MAKES NO REPRESENTATIONS OR GUARANTEES CONCERNING CAREVIRTUE, ANY CONTENT ASSOCIATED WITH USE OF CAREVIRTUE, OR ANY SERVICES OR PLATFORM PROVIDED BY CAREVIRTUE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND PLATFORM IS AT YOUR SOLE RISK AND THAT THE SERVICES AND PLATFORM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW; IF ANY WARRANTY IS LEGALLY REQUIRED IT SHALL ENDURE FOR 30 DAYS OR, IF OTHER, THE MINIMUM PERIOD REQUIRED BY LAW). WITHOUT LIMITING THE FOREGOING, NEITHER CAREVIRTUE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (“CAREVIRTUE PARTIES”) WARRANT THAT THE SERVICES, PLATFORM OR ANY RELATED SERVICES, CONTENT, DATA OR REPORTS PROVIDED BY CAREVIRTUE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, SECURE, RELIABLE, RETRIEVABLE, OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF CAREVIRTUE, THE SERVICES OR PLATFORM AND YOUR RELIANCE UPON ANY CAREVIRTUE INFORMATION IS AT YOUR SOLE RISK.
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION, YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO OR ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF USER CONTENT OR YOUR SUBMISSIONS CAUSED BY YOU OR ANY PERSON USING YOUR ACCOUNT. CAREVIRTUE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE INFORMATION, RECOMMENDATIONS, IDEAS, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH CAREVIRTUE.
LIMITATION OF LIABILITY
NEITHER CAREVIRTUE NOR CAREVIRTUE PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PLATFORM OR ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS HELD UNENFORCEABLE, UNDER NO CIRCUMSTANCES SHALL ANY OF THE CAREVIRTUE PARTIES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LIQUIDATED SUM THAT IS EQUAL TO THE AMOUNT YOU PAID TO CAREVIRTUE FOR USE OF THE SERVICES AND/OR PLATFORM , TO THE EXTENT PERMITTED BY LAW.
We reserve the right to terminate your use of the Services and Platform at any time for any reason, with or without prior notice, including access to any online discussion forum or chat room. If your account is terminated, you will no longer have the right to access the contents of your account and the Services and Platform. You may deactivate your account by sending an email to support -at- carevirtue.com. Termination will not affect certain obligations such as, but not limited to, your obligation to pay or indemnify us, any limits on our liability, any terms regarding ownership or intellectual property rights, or terms regarding disputes.
Waiver/Severability/Time Limits on Claims