Cariloop Terms of Service

Introduction

These Terms of Service are entered into by and between you and Cariloop, Inc. (“Cariloop”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.cariloop.com, the Caregiver Platform, or the Cariloop mobile app (collectively, the “Platform”), including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant you are of legal age to form a binding contract with Cariloop and meet all the foregoing eligibility requirements.

If you are under the age of 18, you may be added to a member case with documented consent from a legal guardian or parent. If you are under 18 and would like to create a case or utilize the Platform, please send an email to support@cariloop.com.

1. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of the revised Terms of Service means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Platform to users (including registered users).

You are responsible for:

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform all information you provide on the Platform is accurate, current, and complete. You agree all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. A copy of the Privacy Policy can be found at cariloop.com/privacy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

3. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Cariloop, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without or prior written consent.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Cariloop. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

4. Trademarks

The Cariloop name and all related names, logos, product and service names, designs and slogans are trademarks of Cariloop or its affiliates or licensors. You must not use such marks without the prior written permission of Cariloop. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

5. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:

Additionally, you agree not to:

You agree not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Platform or any portion of the Platform.

Cariloop grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a computer or mobile device you own or control; provided you use the Software in accordance with any terms and conditions applicable to your computer, mobile device, or the distribution platform through which you obtained the Software, and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, except as expressly provided between you and Cariloop in writing, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Sites, Apps, or any portion of the Apps. You agree not to access the Sites or Apps by any means other than through the interface that is provided by Cariloop or use in accessing the Platform.

6. User Messages

The Platform may contain interactive features (collectively, “Interactive Features”) which allow users to post, submit, publish, display or transmit to other users or to a Care Coach (hereinafter, “post”) content or materials (collectively, “User Messages”) on or through the Platform.

All User Messages must comply with the Content Standards set out in these Terms of Service.

By providing any User Messages on the Platform, you grant us the right to use, reproduce, modify, perform, display, or distribute the right to incorporate all or any part of your User Messages into any of our products and services. Please note this does not include confidential information, personally identifiable information (PII), or protected health information (PHI). Please see the privacy policy on how we treat your information in the Platform.

You represent and warrant:

You understand and acknowledge you are responsible for any User Messages you submit or contribute, and you, not Cariloop, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Messages posted by you or any other user of the Platform.

7. Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS CARILOOP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards

These content standards apply to any and all User Messages and use of Interactive Features. User Messages must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Messages must not:

9. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Joe Kodali, Senior Director of Security & Compliance
2100 N. Greenville Ave #Suite 620, Richardson, Texas 75082
privacy@cariloop.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: We reserve the right to, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers or otherwise prevent them from posting any future User Messages.

10. No Medical, Legal, or Professional Advice; Reliance on Information Posted

The information presented on or through the Platform, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, is made available for information purposes only. It does not constitute or replace any professional medical advice, diagnosis, treatment, or recommendation of any kind. You should always seek the advice of a qualified healthcare professional with any questions or concerns you may have regarding the care or medical needs of yourself or your loved ones.

The information provided on the Platform, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, does not, and is not intended to, constitute legal or other professional advice. Instead, all such information is for informational purposes only. You should contact your attorney or respective professional to obtain advice with respect to a particular legal matter. You should not act or refrain from acting on the basis of any information on the Platform without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances the information and other materials available on the Platform is applicable or appropriate to your particular situation. Use of, and access to, the Platform or any of the resources contained on the Platform do not create an attorney-client relationship between You and Cariloop.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by other users, third-party licensors, and Care Coaches. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cariloop, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cariloop. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Not for Emergencies

Our Platform is not for medical emergencies or other urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Platform. If you believe you or your loved one have an emergency or other life-threatening situations, call 9-1-1 immediately.

You should always seek emergency help or follow-up care when recommended by an appropriate healthcare professional or when otherwise needed. You should continue to consult with an appropriate healthcare professional as they may recommend. Always seek the advice of an appropriate healthcare professional concerning questions you may have regarding a medical condition before stopping, starting, or modifying any treatment or medication for you or a loved one.

12. Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please see our privacy policy at www.cariloop.com/privacy

14. Online Purchases and Other Terms and Conditions

You may be able to order one or more additional services or upgrades on our Platform. You agree your order is an offer to license such services or upgrades, under these terms or other terms that may be made available for such services or upgrades. All orders must be accepted by us or we will not be obligated to license the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with the details of the services or upgrades you have ordered.

All prices, discounts, and promotions posted on this Platform are subject to change without notice. The price charged for a service or upgrade will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges, and all such taxes and charges will be itemized before payment is made and will further itemized in your confirmation email.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order and before we make the additional services or upgrades available to you. We accept all major credit cards for purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order. All fees for orders for additional services or upgrades are non-refundable and your use of the additional services or upgrades are non-transferable.

15. Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

16. Geographic Restrictions

The owner of the Platform is based in the state of Texas in the United States. We provide this Platform for use only by persons located in the United States and Canada. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

You understand we cannot and do not guarantee or warrant files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARILOOP NOR ANY PERSON ASSOCIATED WITH CARILOOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CARILOOP NOR ANYONE ASSOCIATED WITH CARILOOP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You acknowledge and agree access to the Platform may be unavailable from time to time through no fault of Cariloop, including, without limitation, downtime due to regular maintenance (performed by Cariloop or its service providers), and Cariloop shall not be liable for any damages or losses caused by such unavailability.

CARILOOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

In no event will Cariloop, its affiliates or their respective licensors, service providers, employees, agents, officers or directors be liable for consequential, indirect, incidental, special, exemplary, special, punitive, or enhanced damages arising out of, or relating to, and/or in connection with your use, or inability to use, the Platform, any Platform’s linked to it, any content on the Platform or such other Platforms, or any services obtained through the Platform or such other Platforms, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, regardless of: (a) whether such damages were foreseeable; (b) whether or not Cariloop was advised of the possibility of such damages; and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

In no event shall Cariloop’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Cariloop for your access to, and use of, the Platform pursuant to this agreement in the twelve (12) period preceding the event giving rise to the claim.

The limitation of liability provisions set forth in this Section 20 shall apply even if your remedies under this Agreement fail their essential purpose. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

19. Indemnification

You agree to defend, indemnify and hold harmless Cariloop, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your User Messages, any use of the Platform’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Platform.

20. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In any dispute, neither you nor Cariloop will be entitled to join or consolidate claims by or against other Cariloop users in court or otherwise participate in any claim as a class action representative, class member, or in a private attorney general capacity.

21. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Waiver and Severability

No waiver by Cariloop of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cariloop to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

23. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Cariloop, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.

24. Your Comments and Concerns; Feedback

This Platform is operated by Cariloop, Inc.; 2100 N. Greenville Ave; Suite 620; Richardson, TX 75082. Any questions should be directed to support@cariloop.com or privacy@cariloop.com

All other feedback comments, requests for technical support and other communications relating to the Platform (including requests or suggestions for new features or functionality related to our Platform) (collectively, “Feedback”) should be directed to: support@cariloop.com. You assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.  

Last Modified: December 15, 2023