Terms of Service

CareTogether, Inc. ("CareTogether," "we," "us," or "our") owns and operates the CareTogether platform, including the website, mobile applications, and AI-powered voice and messaging services (collectively, the "Services").

"You" or "User" refers to any individual who creates an account or uses the Services, including:

• Account Holders: individuals who trial and purchase a CareTogether subscription
• Care Circle Members: family members, caregivers, or other individuals authorized by the Account Holder to access the account
• Seniors/Recipients: older adults or individuals with medical conditions, disabilities, or other unique situations who receive AI-powered calls, messages and care coordination through the Services

"Businesses" or "Partners" refers to partners, white-label partners, enterprise clients, or third-party organizations that deploy CareTogether services under a separate Master Services Agreement (MSA).

By accessing or using the Services, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Services.

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via prominent notice on our website. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree to updated Terms, you may cancel your subscription before the effective date.

To use the Services, you must be at least 18 years of age and a legal resident of the United States. By creating an account, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You are not barred from using the Services under applicable law
• All information you provide is accurate and complete

If you are enrolling a Senior or adding Care Circle Members, you represent that you have legal authority and consent from those individuals to (a) enroll them in the Services, (b) share their information through the platform, and (c) provide their phone numbers for AI-powered calls and SMS messaging. CareTogether may also independently confirm consent with Seniors before initiating calls, as described in our Privacy Policy.

Account Registration

To access the Services, you must create an account and provide accurate registration information including your name, email address, and phone number. You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at support@caretogether.ai if you become aware of any unauthorized use of your account.

Consent to Communications: IMPORTANT

By creating an account and providing your phone number and email address, you provide the following consents. Each consent is separately described. You may opt out of non-essential communications without losing access to core Services features.

(a) Service Communications: You consent to receive service-related emails, SMS messages, and in-app notifications necessary to operate your account and deliver the Services. These are required to use the Services and cannot be opted out while your account is active.

(b) AI-Powered Calls (TCPA Consent) and automated SMS messaging: You expressly consent to receive automated AI-powered outbound telephone calls and SMS messaging at your phone number, and (subject to the representations in Section 2) at the phone numbers of Seniors and Care Circle Members you enroll, delivered using an automatic telephone dialing system (ATDS) and artificial voice, under the Telephone Consumer Protection Act (TCPA). These calls or messages constitute the core check-in feature of the Services. If you do not consent to AI calls or messaging, you will not be able to use the call features. You may withdraw consent to AI calls or messaging by contacting support@caretogether.ai, but withdrawal will disable call and messaging functionality for the affected phone number.

(c) Care Circle Notifications: You consent to receive automated SMS and email notifications regarding call summaries, alerts, and care coordination updates.

(d) Marketing Communications (Optional): You may separately consent to receive marketing and promotional emails. Marketing consent is optional and may be withdrawn at any time by clicking "unsubscribe" in any marketing email or contacting support@caretogether.ai.

(e) Recording Consent: You consent to the recording and transcription of AI call conversations and SMS messaging. Call and message transcripts and summaries are made available to authorized Care Circle members. If you do not wish a specific call to be recorded, you may end the call at any time. Disabling recording will limit certain Services features. CareTogether complies with applicable state recording consent laws, including all-party consent requirements in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. The AI caller will provide a verbal recording notice at the start of each exchange regardless of the state from which it is received.

Message and data rates charged by your wireless carrier may apply to SMS messages.

Subject to these Terms and your payment of applicable subscription fees, CareTogether grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes during your subscription term.

You may not:

• Copy, modify, distribute, sell, or sublicense the Services or any content therein
• Reverse engineer, decompile, or disassemble the Services or any underlying software
• Use the Services to develop competitive products or services
• Access the Services by any means other than through our authorized interfaces
• Use the Services for any unlawful purpose
• Remove any proprietary notices or labels on the Services

All content, software, features, and functionality of the Services: including text, graphics, logos, icons, images, audio, and the underlying code: are owned by or licensed to CareTogether and are protected by copyright, trademark, and other intellectual property laws. CareTogether™ and associated marks are trademarks of CareTogether, Inc.

You may not use CareTogether's trademarks, logos, or brand assets without prior written consent.

Your Ownership

You retain ownership of the personal information and content you submit to the Services ("User Data"), including information about Seniors, call notes, message exchanges and care records. CareTogether does not claim ownership of your User Data.

License to CareTogether

By using the Services, you grant CareTogether a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and transmit your User Data solely for the following purposes:

• To provide, operate, and maintain the Services for your account
• To generate insights, summaries, and alerts from AI conversation content
• To improve and develop CareTogether's Services, including AI model training, quality assurance, and feature development, as described in Section 3.2 of our Privacy Policy.
• To comply with applicable legal obligations

This license does not authorize CareTogether to sell your personally identifiable User Data to third parties, use your User Data for advertising profiling, or share your User Data outside the purposes described in our Privacy Policy.

Upon account termination, your license to CareTogether terminates. The retention, de-identification, or deletion of your User Data is governed by our Privacy Policy. You may request deletion of your data at any time by contacting privacy@caretogether.ai.

User Content Standards

You agree not to submit content through the Services that:

• Is false, misleading, or inaccurate
• Infringes any third-party intellectual property rights
• Violates any applicable law or regulation
• Is defamatory, harassing, abusive, obscene, or offensive
• Contains malware, viruses, or other harmful code
• Impersonates any person or entity
• Distributes spam or unsolicited commercial messages
• Invades the privacy of any third party or discloses another person's personal information without consent

HIPAA Acknowledgment

CareTogether is not a HIPAA-covered entity in its direct-to-consumer service capacity. Accordingly, the Health Insurance Portability and Accountability Act (HIPAA) and the HITECH Act generally do not apply to personal care notes, journals, and conversation content you submit as a consumer User. You acknowledge this limitation.

CareTogether's information security program is nonetheless voluntarily aligned with the HIPAA Security Rule. Encryption in transit (TLS 1.2 or higher), encryption at rest (AES-256), role-based access controls, audit logging, and other safeguards described in our Privacy Policy apply to your data regardless of HIPAA's statutory applicability.

For third-party business partners and white-label enterprise clients that are HIPAA-covered entities or business associates, CareTogether will execute a Business Associate Agreement (BAA) upon request. Contact privacy@caretogether.ai for BAA inquiries.

The Services may include links to, or integrations with, third-party applications and services. CareTogether is not responsible for the content, privacy practices, or reliability of third-party services. Your use of any third-party service is at your own risk and subject to that service's own terms and privacy policy.

CareTogether's AI capabilities are powered by third-party technology providers listed in our Privacy Policy. CareTogether maintains data processing agreements with these providers requiring them to protect your data and use it only as directed by CareTogether.

CareTogether's call service is delivered by an artificial intelligence system, not a human being. The AI will identify itself as an AI assistant at the beginning of every call.

CareTogether's Services use artificial intelligence (AI), including large language models and AI voice synthesis, to conduct check-in calls, generate conversation summaries, identify trends, and deliver care coordination alerts.

You acknowledge and agree that:

• AI-generated responses, summaries, and insights may contain errors or inaccuracies
• The AI does not provide medical advice, diagnosis, or treatment recommendations
• The AI is not a licensed healthcare provider, therapist, or counselor
• AI companion conversations are for informational, monitoring, and social engagement purposes only
• CareTogether's AI system complies with applicable state AI disclosure laws requiring identification of automated callers

CareTogether's AI systems are designed to recognize and respond appropriately to expressions of distress. See Section 10 for emergency guidance.

CareTogether is not a medical service, healthcare provider, or emergency response service. The Services: including AI calls, summaries, alerts, and any health-related information provided through the platform: are for informational and monitoring purposes only and do not constitute medical advice, diagnosis, or treatment.

Specifically:

• CareTogether does not diagnose, treat, cure, or prevent any disease or medical condition
• CareTogether's AI is not a substitute for professional medical care, mental health services, or emergency services
• Alerts and summaries generated by CareTogether are based on AI analysis of conversation content and should not be relied upon as medical determinations
• Always consult a licensed healthcare provider for medical decisions
• Talk to a licensed physician before making changes to medications, supplements, physical activity, or care regimens based on any information received through the Services

CareTogether does not warrant the accuracy, completeness, or clinical validity of any AI-generated insights. AI-generated content may not be complete or error-free.

Subscription Plans

CareTogether offers subscription-based access to the Services. Subscription plans, features, and pricing are described at https://caretogether.ai/#pricing and in your account settings.

Automatic Renewal

Subscriptions automatically renew at the end of each subscription period at the then-current subscription rate unless you cancel before the renewal date. By subscribing, you authorize CareTogether to charge your payment method on file at each renewal. We will send you a reminder notice before your renewal date.

Trial Period

If CareTogether offers a free trial or introductory period, you may cancel at any time during the 7-day trial without charge. At the end of the 7-day trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial expires. Cancellation instructions are provided in your account settings.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@caretogether.ai. Cancellation takes effect at the end of your current billing period. You will retain access to the Services through the end of your paid period. Cancellation is simple and does not require a phone call or complex process.

Refunds

Subscription fees are generally non-refundable except as follows:

• Service discontinuation: If CareTogether permanently discontinues the Services, we will provide a pro-rata refund of prepaid fees for the unused subscription period.
• Legal requirements: Refunds required by applicable consumer protection law.

Price Changes

We will notify you at least 30 days in advance of any increase to your subscription price. The price change will take effect at your next renewal after the notice period. If you do not agree to the price change, you may cancel before the new price takes effect.

If you access CareTogether through a white-label partner or enterprise client deployment:

• These Terms apply to your use of CareTogether's underlying platform. Additional terms from your partner or organization may also apply.
• Your partner is responsible for obtaining your consent to use CareTogether's Services and for notifying you of how your data will be shared with the partner.
• CareTogether acts as a data sub-processor in partner-deployed instances and processes your data in accordance with the partner's instructions and our Privacy Policy.
• For enterprise partners that are HIPAA-covered entities, CareTogether will execute a Business Associate Agreement (BAA) upon request. Contact privacy@caretogether.ai.
• Enterprise-specific SLAs, custom data retention, and other enterprise features are governed by a separate Master Services Agreement (MSA).

CareTogether respects intellectual property rights. If you believe that content on the Services infringes your copyright, please send a written notice to our designated DMCA agent including:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location on the Services
• Your contact information (address, phone number, email)
• A statement of good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in the notice is accurate

Send DMCA notices to: legal@caretogether.ai | Subject line: DMCA Notice | CareTogether, Inc.

CareTogether may terminate accounts of repeat copyright infringers.

The Services are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by applicable law, CareTogether disclaims all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

CareTogether does not warrant that the Services will be uninterrupted, error-free, or secure; that defects will be corrected; or that AI-generated content will be accurate, complete, or clinically reliable.

To the maximum extent permitted by applicable law, CareTogether and its officers, directors, employees, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for lost profits, lost data, loss of goodwill, service interruption, or any other intangible losses, arising out of or related to these Terms or your use of the Services, regardless of whether CareTogether has been advised of the possibility of such damages.

CareTogether's total aggregate liability for any and all claims arising out of or related to these Terms or your use of the Services shall not exceed the greater of (a) the total subscription fees paid by you to CareTogether in the 12 months preceding the claim, or (b) $100.

Some states do not allow the exclusion or limitation of certain damages. In those states, the above limitations apply to the extent permitted by law.

You agree to defend, indemnify, and hold harmless CareTogether and its officers, directors, employees, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your use or misuse of the Services; (c) your User Data; or (d) your violation of any third-party rights.

CareTogether shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, war, terrorism, natural disasters, pandemics, government actions, power failures, internet disruptions, or actions of third-party service providers.

Termination by You

You may close your account at any time through your account settings or by contacting support@caretogether.ai.

Termination by CareTogether

CareTogether may suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in fraudulent or illegal activity. We will provide reasonable notice of termination where practicable, except where immediate termination is necessary to protect CareTogether, other users, or the public.

Effect of Termination / Your Data

Upon account termination:

• Your access to the Services will cease immediately.
• The retention, de-identification, or deletion of your User Data is governed by our Privacy Policy.
• You may request a copy of your data or deletion at any time by contacting privacy@caretogether.ai

If you provide CareTogether with feedback, suggestions, or ideas for improvements to the Services, you grant CareTogether a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that feedback into the Services or future products without compensation to you. You represent that your feedback does not contain confidential information belonging to third parties.

Informal Resolution First

Before filing any formal legal action, you agree to first contact CareTogether at privacy@caretogether.ai to describe the dispute and seek informal resolution. Both parties will make a good-faith effort to resolve the dispute within 60 days of notice.

Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at www.adr.org), except as provided in Section 19.3 below.

The arbitration will be conducted in English, in Texas or by telephone/video at the option of the consumer. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Small Claims Court and Injunctive Relief

Either party may bring an action in small claims court for disputes within that court's jurisdiction. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Class Action Waiver

You and CareTogether 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, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.

Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. CareTogether, Inc. is incorporated in Delaware; however, Texas law governs this agreement based on CareTogether's principal place of business. For matters not subject to arbitration, you and CareTogether consent to the exclusive jurisdiction of state and federal courts located in Texas. Nothing in this Agreement shall limit any rights you may have under the mandatory consumer protection laws of your state of residence that cannot be waived by contract.

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Partner Agreement or MSA, constitute the entire agreement between you and CareTogether regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
• Waiver: CareTogether's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without CareTogether's prior written consent. CareTogether may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
• Notices: Notices to CareTogether must be sent to privacy@caretogether.ai. Notices to you will be sent to your registered email address.
• International Use: The Services are intended for use in the United States only. CareTogether makes no representation that the Services are appropriate for use outside the United States.
• Accessibility: CareTogether is committed to providing an accessible experience for all users, including older adults. We work toward compliance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA for our web and mobile interfaces.