Customer Terms of Use

Last updated: October 27, 2021

These Customer Terms of Use (the “Terms”) govern your use of careplan.ai (“we, us, our”) and provide information about the careplan.ai service and app. When you create a careplan.ai account, you must agree to these Terms.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. THE CAREPLAN.AI SERVICE

We agree to provide you with the careplan.ai Software that includes all of the careplan.ai features, applications, services, technologies, and software that allows you to book, plan, track, and provide recovery information to your provider (the “Service”). Please read the Terms carefully before using the Services. By using the Service, you agree to be bound and abide by these Terms.

Your use of the Services is also subject to our Privacy Policy, which is located at https://www.careplan.ai/privacy. We reserve the right to modify these Terms at any time as outlined in Section 7. We also reserve the right to make any changes to the Services in any manner and to deny or terminate your access to the Services, even if you have an Account, in our sole discretion.

You agree that you may be required to download and install updates to the Service on your device.

2. HOW YOU CAN’T USE CAREPLAN.AI

1. You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
2. You can’t do anything that is patently offensive in any manner.
3. You can’t violate these Terms, any of our other policies, or do anything that is contrary to careplan.ai reputation.
4. You can’t do anything to interfere with or impair the intended operation of the Service.
5. You can’t do anything that violates someone else’s rights, including infringing on their intellectual property rights.

3. CAREPLAN.AI’S OWNERSHIP OF THE SERVICES AND SOFTWARE

careplan.ai’s Service and any other application or software provided to you under these Terms (collectively the “Software”) shall remain the sole and exclusive property of careplan.ai, including all applicable rights to patents, copyrights, trademarks, and trade secrets of careplan.ai inherent therein. You further agree that you shall not in any way question or dispute ownership by careplan.ai of the Services. In addition, you shall not:

1. Copy all or any portion of the Software;
2. Modify the Software in any way;
3. Distribute, disclose, market, rent, lease, assign, sublicense, pledge or otherwise transfer any of the Software, in whole or in part, to any third party;
4. Remove or alter any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels appearing on the Software;
5. Post private or confidential information or do anything that violates someone else’s rights, including intellectual property; and,
6. Use the Software for any purpose or in any manner other than as expressed in these Terms.

4. ADDITIONAL TERMS

1. If any aspect of these Terms is unenforceable, the rest will remain in effect. Any amendment or waiver to our Terms must be in writing and signed by us. If we fail to enforce any aspect of these Terms, it will not be a waiver. We reserve all rights not expressly granted to you.
2. These Terms do not give rights to any third parties. You cannot transfer your rights or obligations under these Terms without our consent. Our rights and obligations can be assigned to others.
3. The Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. To the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
4. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your information or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $50 or the amount you have paid us in the past twelve months.
5. You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
6. The International Centre for Dispute Resolution will administer all arbitrations. You and we expressly waive a trial by jury. Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you or careplan.ai may seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
7. The laws of the Province of Ontario, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

5. UPDATING THESE TERMS

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.