Terms of use

Definitions

• Account means a user's subscription and/or means to access the System.
• Applicable Law(s) means all applicable laws, regulations, rules, and guidance to which you are subject, whether by jurisdiction or organizational affiliation, including any ethics or institutional review board (IRB) requirements, or institution or office/practice policies or procedures.
• Content means data and electronic information of any kind, including text, digital images and metadata, uploaded or otherwise provided to/by the Services and/or the Website.
• Personal Data means information that identifies you personally as a User of the System and all pertinent information concerning you and your use of the System.
• Services means the CareSimple website and all apps and software operated by CareSimple.
• CareSimple SaaS means CareSimple's Software as a Service products, namely CareSimple™.
• User means you and any other User of the Services.
• User ID means a unique User identification used by a User to access the Services.
• Website means the websites and social media platforms of CareSimple.
• Opting In, Opt In, Opt-In refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
• Text Message Service includes any arrangement in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

1.Appropriate use of the Website

You hereby agree to use CareSimple's website only for lawful purposes and in respect of these Terms of use, CareSimple's Privacy Policy and the applicable End User License Agreement.

This Website and the Services are not meant to be used by Users under 18 years of age. If you are under 18 years of age, you shall not use the Website nor the Services and we reserve the right to refuse access to a user under said age.

2.License

Subject to the terms of CareSimple's End User License Agreements, as applicable, You hereby provide an irrevocable, non-exclusive, worldwide license to CareSimple of any intellectual property rights — whether copyrights, trademarks, trade dress, patents, trade secrets, rights of publicity or right of privacy — which you may have in any Content or other materials (the "Licensed Materials") which you may provide to CareSimple, so as to, among other things, allow CareSimple (a) to operate and maintain the Website and the System for its intended uses as specified in this Agreement; (b) to maintain and reproduce such Licensed Materials within the System as permitted by applicable law; (c) to provide access to such Licensed Materials to Approved Users; and (d) to incorporate such anonymized Licensed Materials into derivative works as permitted by law, including publications concerning statistical research, statistical compilations and reports on or about the Website and the Services.

3.Termination and survival of terms

This Agreement shall be effective for an unlimited duration unless otherwise terminated in accordance with this section. Upon termination of this Agreement by either you or CareSimple, you must cease immediately all use and destroy all copies and reproductions of the Website and all its components.

CareSimple shall not be liable for the termination of your access to the Website and/or the Services or the deletion of your Personal data. In the event of termination, the rights and obligations provided in sections 9 to 13 shall survive the termination of this Agreement.

4.Electronic communications (emails)

Your email address may be used to send you Electronic Communications from time to time. At any time, you may ask us to stop sending you Electronic Communications by contacting privacy@caresimple.com or using the unsubscribe mechanisms provided at the bottom of such communication.

5.Mobile communications (SMS & WhatsApp)

Your mobile phone number may be used to send you Electronic Communications via SMS or WhatsApp from time to time. These communications may include service updates, reminders, or other relevant information.

Consenting to text messaging

By consenting to receive text messages from us, you agree to these Text Messaging Terms and Conditions, as well as our Privacy Policy, incorporated herein by reference.

E-sign disclosure

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

Text message service privacy

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Costs & frequency

We do not charge you for the messages you send and receive via this text message service. However, message and data rates may apply depending on your plan with your wireless or other applicable provider. This Text Messaging Service is for conversational person-to-person communication between you and our employees; the number of text messages you receive will vary depending on how you use our services.

Opting out

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

6.Ownership and intellectual property rights

The Software is owned by CareSimple and is protected by the intellectual property and copyright laws of Canada, the United States, the European Union and certain international treaty provisions. CareSimple owns and retains all rights, title and interest — including patents, trademarks, copyrights, trade secrets and other intellectual property rights — in and to the Website and the Services, including source codes, images, photographs, animation, themes, titles, characters, video, audio, music, and text embodied or contained therein. You may make one copy of the Website solely for backup or archival purposes provided that the copy contains all of the Website's proprietary notices unaltered and unobstructed. If this Website contains user documentation provided only in "on-line" or electronic form, you may print one (1) copy of such documentation for backup or archival purposes.

You acknowledge that all right, title and interest in any and all technology, including the hardware and software provided by CareSimple in connection with the Services, and any trademarks or service marks of CareSimple or third parties (collectively, the "CareSimple Intellectual Property") is vested in CareSimple and/or in CareSimple's licensors. Unless otherwise expressly stated in this Agreement, you shall have no right, title, claims or interest in or to the CareSimple Intellectual Property, and you may not use, copy, modify or translate it or related documentation, or decompile, disassemble or reverse engineer it, or grant any other person or entity the right to do so.

7.DMCA compliance

You acknowledge and agree that, pursuant to the United States Digital Millennium Copyright Act ("DMCA"), CareSimple may respond in accordance with the requirements of the DMCA to "take-down" notices from third parties which allege that the inclusion in the Services of information that you provide violates their copyrights. In such case, CareSimple may decide, at its sole discretion, to remove or ask you to remove the alleged infringing information from any of CareSimple's platforms. You agree to cooperate fully with CareSimple in order to assure compliance with the DMCA upon receipt of any "take-down" notice issued by any third party.

If you believe that your work has been reproduced contrary to your intellectual property rights by CareSimple, you shall address to CareSimple's copyright agent a written notice containing: a description of the copyrighted work(s) you claim have been infringed; a precise description of where the allegedly infringing material is located on CareSimple's Website; your address, telephone number and email address; a statement representing why you think CareSimple's material is illegally infringing your copyright material; and a sworn declaration that all facts mentioned in the notice are true and that you are the owner of said copyright material or a duly appointed representative.

8.Limitation of liability

You assume the entire cost of any damage resulting from your use of the Website and the information contained therein or compiled by the Website, to the extent permitted by applicable law.

9.Unauthorized access, loss or corruption of data

CareSimple is not responsible for any unauthorized access to your data, facilities or equipment by individuals or entities using the Website, or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures or information through the system, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output.

10.Disclaimer regarding health and medical information

11.Disclaimer regarding the information provided

The information provided on CareSimple's Website, Services or communications — such as statistics, financial estimates, and reimbursement projections — is provided for informational purposes, and CareSimple does not warrant or guaranty the exactitude of same.

12.Indemnification

13.Privacy

When using the Services, you consent to the collection, use and disclosure of your Personal data by CareSimple according to the terms of its Privacy Policy as it then reads. You understand that third parties, including cloud providers and the manufacturers of the devices on which you access the Services, may collect, use or disclose Personal data uploaded to their systems while you are using your mobile device or other software, and that such collection, use or disclosure is subject to such third party's privacy policy.

14.Generally not suitable for children under the age of 13

CareSimple Services are not intended for children under the age of 13. We do not knowingly collect Personal data via the Services from users in this age group. We do, however, collect information about children and babies provided by the parents or legal guardians of such children or babies. We ask our Services' users not to provide information about any baby or child without first getting their parents' or legal guardians' consent.

In the event that the Services have been used by a child under the age of 13 to store information of that child without parental consent, CareSimple is authorized to delete, in its entirety, any of the information stored, and reserves the right to revoke any license to use the Services. We also do not intentionally collect or maintain information in the Services from those visitors and Users who are under 18 years old.

15.Third-Party Programs

CareSimple is not responsible for the behavior, features or content of linked Third-Party Programs, or Third-Party Programs framed within the Services, or provided as search results, and does not make any representations regarding their content or accuracy. Your use of these Third-Party Programs is at your own risk and is subject to their terms of use and Privacy policy. CareSimple does not endorse any product, service, or treatment advertised in the Services.

16.Security

CareSimple uses commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal data we collect. However, CareSimple can't fully eliminate security and/or privacy risks associated with Personal data created, stored or transferred using the internet and internet technologies.

17.Changes and updates to these Terms of use

We reserve the right to amend these Terms of use from time to time without any prior notice or warning. The access and use of this Website shall be governed by the latest version of these Terms of use. New versions will be posted at caresimple.com/terms-of-use.

18.Severability

If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. CareSimple's failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right.

19.End User License Agreements

If you are using CareSimple SaaS, their respective End User License Agreements shall be applicable in addition to these Terms of Use. The End User License Agreements governing your use of the CareSimple SaaS contain important provisions disclaiming and excluding the liability of CareSimple and others in relation to your use of the Services, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes.

20.Compliance with applicable laws

It is your responsibility to comply with, and ensure that your use of the Software complies with, all applicable local, state, provincial, national, and foreign laws and regulations, including all laws relating to data privacy, international communications and the exportation and transmission of technical data and other regulated materials. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties as stipulated by the Office of Foreign Assets Control ("OFAC").

21.Governing law

This Agreement, and any dispute or claim arising out of or relating to it or to your use of the Website, is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You agree that the exclusive venue for any such dispute shall be the state or federal courts located in Palm Beach County, Florida, and you irrevocably submit to the personal jurisdiction of those courts.

22.Contact information

Should you have any questions, complaints or claims with respect to this Agreement or the Website, please contact:

Email: privacy@caresimple.com · Website: www.caresimple.com