Terms of Service

Last updated: April 2026

Welcome to Care Nearby. These Terms of Service ("Terms") govern your access to and use of the services, website, and applications provided by Care Nearby, Inc. ("Care Nearby," "we," "us," or "our"), including the website at getcarenearby.com and all related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

Care Nearby provides elder care coordination services designed to help families support their aging loved ones. Our services include, but are not limited to:

• Daily companion phone calls
• Medication management and reminders
• Care coordination across providers and family members
• Safety monitoring and wellness check-ins
• Benefits navigation assistance (including Medicare, Medicaid, and veterans benefits)

The Service uses a combination of AI-powered phone calls and human escalation to deliver care coordination. When our AI system detects a situation that requires human attention -- such as a health concern, safety risk, or emotional distress -- the matter is escalated to trained care coordinators or, where appropriate, to emergency services or designated family contacts.

Care Nearby is designed to supplement, not replace, the care provided by licensed healthcare professionals, family members, and in-person caregivers.

2. Account Registration and Eligibility

To use the Service, you must create an account and complete our onboarding process. By registering, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal authority to agree to these Terms.
• If you are enrolling an aging loved one in the Service, you have the authority or consent to do so on their behalf.
• All information you provide during registration and onboarding is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@getcarenearby.com if you suspect any unauthorized use of your account.

3. Subscription Plans and Billing

3.1 Plans

Care Nearby offers the following subscription plans:

• Essential -- $49 per month
• Complete -- $99 per month
• Family -- $149 per month

Details of what each plan includes are described on our website and may be updated from time to time.

3.2 Free Trial

All plans include a 14-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged the applicable monthly fee.

3.3 Recurring Billing

Subscriptions are billed on a recurring monthly basis. By subscribing, you authorize Care Nearby to charge your designated payment method each billing cycle until you cancel. All payments are processed securely through Stripe. Care Nearby does not store your full payment card details on our servers.

3.4 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting us at support@getcarenearby.com. Upon cancellation, you will retain access to the Service through the end of your current billing period. No refunds or credits will be issued for partial billing periods, except as required by applicable law.

3.5 Price Changes

We reserve the right to change our subscription pricing. If we do, we will provide you with at least 30 days' advance notice before the new pricing takes effect. Your continued use of the Service after the price change constitutes acceptance of the new pricing.

3.6 HSA/FSA Eligibility

Care Nearby subscriptions may be eligible for payment using Health Savings Account (HSA) or Flexible Spending Account (FSA) funds. Eligibility depends on your specific plan administrator and applicable tax regulations. We recommend consulting your benefits provider for confirmation.

4. Acceptable Use

You agree to use the Service only for its intended purpose of coordinating care for aging loved ones. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Provide false, misleading, or inaccurate information during registration, onboarding, or while using the Service.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our systems and networks.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to transmit any harmful, threatening, abusive, or harassing content.
• Reverse engineer, decompile, or disassemble any aspect of the Service.
• Use automated tools (bots, scrapers, etc.) to access the Service without our prior written consent.
• Resell, redistribute, or sublicense the Service to any third party.

5. Important Health and Safety Disclaimers

Care Nearby is not a medical provider. The Service is a care coordination and companionship platform. It is not a substitute for professional medical care, diagnosis, treatment, or emergency services.

• Do not rely on Care Nearby as your sole means of monitoring a loved one's health or safety.
• In any medical emergency, call 911 or your local emergency number immediately.
• Care Nearby does not provide medical advice, prescribe medications, or make clinical decisions. Medication management features are limited to reminders and tracking -- not clinical oversight.
• Always consult qualified healthcare professionals for medical concerns affecting your loved one.

While our Service is HIPAA compliant and we take the protection of health information seriously, participation in the Service does not establish a doctor-patient or provider-patient relationship.

6. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information -- including protected health information (PHI) -- is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understand our Privacy Policy. Care Nearby is fully HIPAA compliant and maintains appropriate administrative, technical, and physical safeguards to protect the confidentiality and integrity of health information.

7. Intellectual Property

All content, features, and functionality of the Service -- including but not limited to text, graphics, logos, icons, software, AI models, and the underlying technology -- are the exclusive property of Care Nearby, Inc. or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial care coordination purposes, subject to these Terms. This license does not include the right to:

• Modify, copy, or create derivative works based on the Service.
• Use any data mining, robots, or similar data gathering methods.
• Use the Care Nearby name, logo, or trademarks without our prior written consent.

8. User Content

You may provide information, notes, health details, and other content through the Service ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant Care Nearby a limited license to use, store, and process that content solely to provide and improve the Service. We will handle all User Content in accordance with our Privacy Policy and applicable law, including HIPAA where applicable.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Care Nearby, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, personal injury, or property damage arising from your use of or inability to use the Service.
• Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid to Care Nearby in the twelve (12) months preceding the event giving rise to the claim.
• Care Nearby is not liable for any harm, injury, or adverse outcome resulting from reliance on the Service as a substitute for professional medical care, emergency services, or in-person supervision.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, Care Nearby disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

11. Indemnification

You agree to indemnify, defend, and hold harmless Care Nearby, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

You may terminate your account at any time by canceling your subscription and contacting us at support@getcarenearby.com.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that:

• You have violated these Terms.
• Your use of the Service poses a risk to us, other users, or third parties.
• Your account has been inactive for an extended period.
• We are required to do so by law.

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 7, 9, 10, 11, and 13) will survive.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the Service. The updated Terms will indicate the "Last updated" date at the top. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

15. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Care Nearby regarding the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Us

If you have questions or concerns about these Terms of Service, please contact us:

Care Nearby, Inc.
Email: support@getcarenearby.com
Website: getcarenearby.com