CareCrew is an application that helps you and your family, friends, colleagues, and professional caregivers keep an elderly loved one safe and independent. It is delivered via mobile or web-based application, and it generally stores its collected data in a cloud-based database. Users enter information such as appointments, tasks, notes, and messages relating to the the elder, and these can be shared with other members of the “crew.” Collectively, these features and applications represent the “Services” that CareCrew provides.

a. License to Use CareCrew’s Services. When you register for an account to use CareCrew, you are granted a limited, revocable, non-exclusive, non-transferable and non-assignable license to use the Services, including downloadable software, pursuant to, and in accordance with the provisions of, these Terms.
You may not: (a) use the Services for any unauthorized or illegal purposes, and you agree to comply with all applicable laws and regulations in your jurisdiction; (b) use the products and/or services of any Third Party Providers in connection with the Services in violation of any third party policies, or laws or regulations; (c) use the Services to transmit any unauthorized advertising or promotional materials; (d) upload, promote, or distribute any kind of mechanism that attempts to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; (e) interfere with CareCrew servers or third-party service providers utilized with the Services; (f) access or attempt to access the Services by any means other than through the software CareCrew provides; (g) use any data gathering and extraction tools, or frame any portion of the Services; or (h) use the Services in a manner that could lead to harm and/or interruption of access to the Services for others. CareCrew reserves the right to make a determination as to whether your use of our Services is acceptable, in its sole discretion. Please note that violations of these restrictions may result in immediate suspension and/or termination of your account and access to CareCrew’s Services without notice.

b. Content in the Services. CareCrew owns or controls certain images, audiovisual works, tools, and other materials that are available for use with the Services (the “CareCrew Content”). CareCrew gives you a license to use CareCrew Content in connection with the Services. However, you may not distribute, modify, transmit, reuse, download, repost, copy, or use any CareCrew Content separate and apart from uses within the Services.

c. Third Party Providers. CareCrew’s Services may provide access to, or allow you to interact with, third party websites, products, services and content (“Third Party Providers”). Third-Party Providers include, but are not limited to, third party service providers, e.g. home repair companies or home health care companies. Third Party Providers are not under CareCrew’s control, and your use may be subject to the Third-Party Providers’ terms. You acknowledge and agree that CareCrew is not responsible for the activities or availability of any Third-Party Providers, and that CareCrew shall not be responsible or liable, directly or ndirectly, for any damage or loss caused by Third Party Providers.

d. Beta Services. CareCrew may occasionally offer access to services that are classified as Beta version, and which may be subject to other agreements with you. All versions, including Beta versions, are provided “as is”, and may contain bugs, errors or other defects. CareCrew makes no representations about features available in Beta versions, and does not guarantee that Beta versions or any Beta features will be made generally available.

a. Age restrictions. You may not create an account, use, or access the Services if you are under 13 years of age. If you are under 18 years of age, you may only use the Services with the prior consent of a parent or legal guardian following review of these Terms and the Privacy Policy.

b. Account information and security. You will ensure that account information is accurate, complete, and current at all times. You acknowledge that failure to do so may result in inability to access or control an account, and that you are solely responsible for all resulting losses, costs and expenses due to inability to access your account. You are responsible for maintaining the confidentiality of accounts and passwords, and agree to accept responsibility for any and all activities that occur in the account. You must notify CareCrew immediately upon becoming aware of any breach of security or unauthorized use of an account.

c. User Content. CareCrew Services allow you to create, upload, post, link, store, share and otherwise make available certain information, notes, comments, text, images, and similar material ("User Content").
You represent and warrant that:
You own or control the copyright to the User Content, and that you have the right to use the User Content in accordance with these Terms; User Content does not violate any third-party rights, including intellectual property, privacy, publicity, or contractual rights, or violate any other applicable laws or regulations; User Content complies with CareCrew’s Acceptable Use and Behavior Policy.

d. User Content synchronization. The Services provides functionality for User Content to be synchronized across different applications and devices within the Services. You understand and agree that such synchronized User Content may be accessed, used, viewed, shared, modified, and/or deleted by you wherever it has been made available in the Services. You acknowledge that you are solely responsible for the management of synchronized User Content, and CareCrew is not responsible for any actions or loss related to synchronized User Content.

CareCrew aims to foster a diverse, inclusive, and kind culture. Therefore, CareCrew require that you adhere to our Acceptable Use and Behavior Policy, which may be updated at CareCrew’s discretion.
CareCrew does not control the use of the Services by others, and so you agree that use of the Services is at your own risk. If you encounter any behavior that conflicts with these policies, or objectionable content, you should follow the guidelines for reporting issues in the Acceptable Use and Behavior Policy.

a. Trial Account. You may elect to create an account and try CareCrew for free for an initial period. At the expiration of the trial period CareCrew may require you to subscribe for a paid account in order to continue to access and use your account.
b. Fees. You agree to pay the subscription price specified for the Services at the time you enter into a paid subscription (the “Fees”). If CareCrew agrees to invoice you, full payment must be received within 30 days from the invoice date. Fees stated are exclusive of any taxes or similar governmental assessments of any nature, and you are responsible for paying all taxes associated with the subscription.
c. Suspension; Termination. If you fail to pay Fees when they are due CareCrew may suspend access to your account or terminate your account. If your account is suspended, you may lose access to certain features, functionality, and User Content, but these Terms will continue to apply. If your account is terminated you will not be able to access your account.
d. Cancellations. Fees paid are non-cancellable and non-refundable. If you cancel a subscription, the subscription will remain active until its expiration date, and you will not receive a refund.
e. Auto-renewal. All subscriptions automatically renew upon expiration for an additional period equal in length to the original billing period (for example, a yearly subscription will automatically renew for another year). You may terminate a subscription renewal prior to the expiration of the current subscription term.
f. Payment Methods You give CareCrew permission to retain and share information about your purchase and payment information with any third-party payment processor CareCrew contracts with to process your payment (for example, Stripe). Please note that your payment through a third-party payment processor is a contractual matter between you and that third party payment processor, and CareCrew is not a party to such contract. While CareCrew selects payment processors carefully and enters into detailed agreements imposing performance obligations on them, CareCrew cannot guarantee their performance.
g. Price Changes. CareCrew may change the price of Services from time to time. Any increase in charges for the same Services will not apply until the expiration of the then-current subscription term. If you do not agree to pay the new price, you may elect to terminate your subscription renewal prior to the expiration of your current subscription.
h. Changes to Payment Methods and Account Information. You are responsible for ensuring that your information, including all payment information (debit or credit card number, and expiration date), is accurate and current. You are responsible for any uncollected amounts and any charges incurred by you or CareCrew as a result of billing to an invalid card or other payment method.
i. Costs of Collection. You agree to pay any reasonable costs CareCrew incurs to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
j. Credit Card Chargebacks. If you purchase a subscription with a credit card, and then request your credit card issuer to reverse that payment, CareCrew may be charged a fee. You agree that CareCrew reserves the right to suspend your use of the Services until such time as you reimburse CareCrew the amount of the fee we were charged by the card issuer.

If you believe that any user content or other material found in the Services infringes your copyright, please see our Copyright Policy for instructions on sending CareCrew a notice of copyright infringement.

CareCrew’s Services, Content, and software are the exclusive property of CareCrew and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. CareCrew’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CareCrew.

These Terms will continue in effect until terminated as described below.
If you wish to terminate your subscription, you may cancel your subscription within your Account Settings. Your subscription will remain active until its expiration or termination date, after which point it will not renew, and the subscription will be terminated.
CareCrew may also terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to a breach of the Terms.

You agree to defend, indemnify and hold harmless CareCrew, its licensees and licensors, and its and their respective owners, employees, contractors, agents, officers and directors, users and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Services, by you or any person using your account and password; (b) your breach of these Terms; or (c) User Content uploaded into the Services.

CareCrew PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, IMAGES, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY CareCrew OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES – WHETHER FROM CareCrew OR ANOTHER PARTY, AND WHETHER ORAL OR RECORDED – CREATES OR IMPLIES ANY WARRANTY FROM CareCrew OR SUCH OTHER PARTY TO YOU.
YOU AFFIRM THAT CareCrew DOES NOT CREATE OR CONTROL YOUR USE OF THE SERVICES AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH YOU USE OUR SERVICES. YOU UNDERSTANDS THAT CareCrew CANNOT GUARANTEE AND CareCrew DISCLAIMS ANY KNOWLEDGE THAT YOUR USE IS PERMISSIBLE UNDER ANY LAW OR REGULATION.
CareCrew DISCLAIMS ANY KNOWLEDGE OF, AND DOES NOT GUARANTEE: (A) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY IMAGE, MATERIALS OR OTHER CONTENT MADE AVAILABLE OR PROVIDED THROUGH THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (D) THAT CareCrew WILL CORRECT ANY DEFECT OR ERROR IN THE SERVICES; OR (E) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. CONTENT YOU CREATE, RECORD OR DISTRIBUTE THROUGH THE SERVICES IS DONE AT YOUR OWN RISK – YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS, USE, OR DOWNLOAD.
NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY PROVISION OF THESE TERMS TO BE VOID.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF CareCrew, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, PROPERTY, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OF THE SERVICE OR THESE TERMS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND EVEN IF CareCrew HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU AGREE TO LIMIT ANY ADDITIONAL LIABILITY NOT DISCLAIMED OR DENIED BY CareCrew UNDER THIS AGREEMENT TO YOUR DIRECT AND DOCUMENTED DAMAGES; AND YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES WILL ANY SUCH LIABILITY EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO CareCrew DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO YOUR CLAIM FOR DAMAGES. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THE CONSIDERATION TO ALLOW YOU TO USE THE SERVICE AND SURVIVES THE TERMINATION OF THESE TERMS.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.

a. Applicability of Arbitration Agreement. You and CareCrew agree that all claims and disputes, arising out of or relating to these Terms or the use of the Services, that cannot be resolved in small claims court, will be resolved by binding arbitration on an individual basis in the English language.
b. Notice. A party who intends to seek arbitration must first send to the other, by certified mail or email, a written Notice of Dispute ("Notice"). The Notice to CareCrew should be addressed via email to legal@carecrew.app and shall not be deemed received until notice of receipt is confirmed. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and CareCrew don't reach an agreement to resolve the claim within 30 days after the Notice is received, you or CareCrew may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by your or CareCrew shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CareCrew is entitled.
c. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at adr.org. The arbitration will be conducted by a single neutral arbitrator.
d. Authority of the Arbitrator. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision. Unless you and CareCrew agree otherwise, any arbitration hearings will take place in Salt Lake City, Utah. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CareCrew.
e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE you OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER you OR USER.
f. Waiver of Jury Trial. You and CareCrew waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and CareCrew are instead electing to have claims and disputes resolved by arbitration.
g. Opt-out. You may opt out of this Arbitration Agreement. To opt out, you must notify CareCrew in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your CareCrew account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must email the opt-out notice to legal@carecrew.app.
h. Small Claims Court. Notwithstanding the foregoing, either you or CareCrew may bring an individual action in small claims court in the Third Judicial District of Utah, Salt Lake City, for any claim within the jurisdiction of such court.

a. Exclusive Venue. To the extent that these Terms allow you or CareCrew to initiate litigation in a court, both you and CareCrew agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Utah. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Third Judicial District Court in Salt Lake County, Utah. You and CareCrew consent to the personal jurisdiction of both courts.
b. Choice of Law. The laws of the State of Utah (US) govern these Terms, and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
c. Waivers. CareCrew’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be provided in writing by the party waiving such rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and CareCrew regarding the Services and supersede and replace any prior agreements you and CareCrew might have had regarding the Services.
d. Notices. Any notice required or permitted to be given hereunder shall be given in writing by personal delivery, by e-mail or by world-recognized courier delivery, as indicated below. The date upon which such notice is delivered shall be deemed to be the date of such notice.
If to you: At the email address or mailing address for the account.
If to CareCrew: legal@carecrew.app
e. Entire Agreement. These Terms (including, if applicable, the Teams Agreement) constitute the complete agreement between you and CareCrew and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter herein.
f. Assignment. These Terms are binding upon you, your successors, heirs, and representatives, but you may not assign or transfer your rights or obligations under these Terms to any other person without permission from CareCrew, and any such attempt to assign is null and void. We may sublicense the rights you grant to us in these Terms to third party service providers, so that they may provide their services to CareCrew and transfer your account and this Agreement to any party that may acquire our business and/or operate the Service for us in the future.
g. Changes. CareCrew may update these Terms by posting a revised version on CareCrew’s website. By continuing to use CareCrew’s Services after such revised version is posted, you accept any revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
h. Governing Language. If this Agreement is translated into a language other than English and there is any conflict in meaning between the translations, the English language version shall govern.

If you have any questions about these Terms, please contact us at: legal@carecrew.app.