Terms of Service

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1.1 Who this agreement is between

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and NARTHECare, Inc., a Delaware C-Corporation headquartered in San Jose, California ("NARTHECare," "we," "us," or "our"). By creating an account, accessing the NARTHECare platform, or using any NARTHECare service, you agree to be bound by these Terms.

1.2 Acceptance of terms

By using NARTHECare, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement, and have read and understood these Terms. If you are using NARTHECare on behalf of an organization — such as a home care agency — you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not create an account or use the NARTHECare platform.

1.3 Changes to these terms

We may update these Terms from time to time. When we do, we will notify you by email to the address associated with your account and by posting the updated Terms on the platform with a revised effective date. If you continue to use NARTHECare after the updated Terms take effect, you agree to the revised Terms. If you do not agree to the changes, you may close your account before the new Terms take effect.

2.1 What NARTHECare does

NARTHECare is a secure, AI-powered eldercare intelligence platform that consolidates health and behavioral data from existing devices and electronic health record systems into a single real-time dashboard. The platform is designed for family caregivers, professional caregivers, and home care agencies who are responsible for the care of aging adults. NARTHECare's core features include:

• Secure connection to existing health data sources including Apple HealthKit and Epic MyChart (via FHIR R4), with your explicit authorization
• AI-generated plain-language summaries of medical visit records and after-visit notes
• Personalized health baselines computed from continuous health data, used to identify meaningful deviations
• Configurable alerts when health metrics deviate significantly from an individual's personal baseline
• A unified dashboard presenting health and behavioral data across all connected sources
• Care notes and context entry for caregivers

2.2 What NARTHECare is NOT

NARTHECare is not a medical service. This is important to understand.

NARTHECare does not provide medical advice, medical diagnoses, treatment recommendations, or clinical decision support. The AI-generated summaries, alerts, baselines, and outputs produced by NARTHECare are informational tools designed to help caregivers stay informed — they are not a substitute for professional medical judgment, clinical evaluation, or the advice of a licensed healthcare provider.

NARTHECare is not a healthcare provider, a covered entity under HIPAA, a medical device, or a licensed clinical service. NARTHECare operates as a Business Associate that processes health data on behalf of its users.

In the event of a medical emergency, call 911 immediately. Do not rely on NARTHECare alerts or summaries as a substitute for emergency response. 

2.3 Platform availability

NARTHECare aims to maintain high platform availability but does not guarantee uninterrupted access. Scheduled maintenance, technical issues, or circumstances beyond our control may cause temporary interruptions. We will provide reasonable advance notice of planned maintenance where possible.

3.1 Account creation

To use NARTHECare, you must create an account using an accurate email address and a secure password. You are responsible for maintaining the confidentiality of your account credentials. You must notify NARTHECare immediately at [INSERT SUPPORT EMAIL] if you suspect unauthorized access to your account.

3.2 Account types

1. Family Caregiver account: For adult family members managing the care of an aging relative. Provides access to the caregiver dashboard, AI summaries, alerts, and connected data sources for authorized care recipients.
2. Professional Caregiver account: For licensed or unlicensed professional caregivers managing multiple clients. Includes multi-client dashboard capability.
3. Agency account: For home care agencies managing caregivers and clients at scale. Agency accounts require a signed Business Associate Agreement before activation. Minimum client threshold applies — see pricing page for current requirements.

3.3 Care recipient authorization

When you connect health data sources for a care recipient who is not yourself, you represent that you have the legal authority or explicit consent of the care recipient to connect those data sources and share that health information with NARTHECare. You are responsible for obtaining and maintaining appropriate authorization from the care recipient or their legal guardian.

3.4 Account termination

You may close your account at any time through the account settings page. NARTHECare may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or use the platform in a manner that poses risk to other users or the platform's integrity. Upon account closure, your data will be deleted within 30 days in accordance with our Privacy Policy.

4.1 Data you connect

NARTHECare connects to third-party health data sources — including Apple HealthKit and Epic MyChart — only with your explicit authorization. Each connection requires you to actively grant permission through that platform's authentication flow. You may disconnect any data source at any time through your account settings.

4.2 How NARTHECare uses your health data

NARTHECare uses your health data solely to provide the services you have requested. Specifically, we use health data to:

• Generate AI-powered summaries of medical visit records and health events
• Compute personal health baselines for each care recipient
• Identify meaningful deviations from those baselines and generate alerts
• Produce the unified caregiver dashboard
• Improve the quality of AI outputs over time using aggregated, de-identified data — we will never use individually identifiable health data to train AI models without your explicit consent

4.3 What NARTHECare will NEVER do with your health data

  These are absolute commitments — not qualifications.

• Sell your health data or personally identifiable information to any third party, ever
• Share your health data with advertisers, data brokers, or marketing platforms
• Use your health data for purposes unrelated to providing the NARTHECare service
• Allow NARTHECare employees or contractors to access your individual health records without explicit authorization and a documented operational reason
• Transfer your health data to a third party without a signed Business Associate Agreement in place 

4.4 AI-generated outputs — important limitations

NARTHECare uses artificial intelligence to generate care summaries, anomaly alerts, and health status outputs. You acknowledge and agree that:

• AI-generated outputs are informational only and do not constitute medical advice
• AI outputs may contain errors, omissions, or inaccuracies — they should be reviewed critically and not acted upon without independent verification or professional medical consultation where appropriate
• Anomaly alerts are generated based on statistical deviations from a computed personal baseline — an alert does not indicate a medical emergency and absence of an alert does not indicate that all is well
• After-visit summaries are AI interpretations of medical documents — the original medical records are the authoritative source
• NARTHECare is not liable for clinical decisions made in reliance on AI-generated outputs

5.1 Subscription tiers

NARTHECare offers subscription-based access. Current pricing and tier features are available on the NARTHECare pricing page at [INSERT PRICING URL]. NARTHECare reserves the right to modify pricing with 30 days' advance notice to existing subscribers.

5.2 Free trial

NARTHECare may offer a free trial period for new accounts. At the end of the trial period, your account will convert to a paid subscription unless you cancel before the trial ends. You will not be charged during the trial period.

5.3 Billing

Subscriptions are billed in advance on a monthly basis. Payment is processed through our third-party payment processor. By providing payment information, you authorize NARTHECare to charge your payment method for the applicable subscription fee at the beginning of each billing period.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period — you will retain access to the platform until that date. NARTHECare does not provide refunds for partial billing periods, except where required by applicable law.

5.5 Agency contracts

Agency accounts are governed by a separate commercial agreement and Business Associate Agreement in addition to these Terms. In the event of a conflict between the commercial agreement and these Terms, the commercial agreement controls for agency customers.

6.1 Your responsibilities

• Provide accurate and complete information when creating your account and setting up care recipient profiles
• Maintain the security of your account credentials and not share them with others
• Obtain appropriate authorization before connecting a care recipient's health data sources
• Use NARTHECare only for its intended purpose — supporting caregiving for aging adults
• Review AI-generated outputs critically and consult healthcare professionals for medical decisions
• Notify NARTHECare promptly of any suspected unauthorized access to your account or data

6.2 Prohibited conduct

You may not use NARTHECare to:

• Connect health data sources without the knowledge and consent of the care recipient or their legal guardian
• Share account credentials or provide access to unauthorized individuals
• Attempt to access other users' data or accounts
• Reverse engineer, decompile, or attempt to extract NARTHECare's source code or AI models
• Use NARTHECare to make clinical decisions in a professional capacity without appropriate professional judgment
• Scrape, harvest, or systematically extract data from the NARTHECare platform
• Use NARTHECare in any way that violates applicable law, including HIPAA, the California Consumer Privacy Act, or any other applicable privacy regulation
• Introduce malicious code, viruses, or any material that could harm the NARTHECare platform or other users
• Use NARTHECare to monitor individuals without their knowledge in violation of applicable law

7.1 NARTHECare as a Business Associate

NARTHECare operates as a Business Associate under HIPAA. We process Protected Health Information (PHI) on behalf of our users in accordance with applicable HIPAA requirements. Our Notice of Privacy Practices, which forms part of our Privacy Policy, describes how we collect, use, and protect PHI.

7.2 Your HIPAA rights

As an individual whose health information may be processed by NARTHECare, you have rights under HIPAA including:

• The right to access your PHI held by NARTHECare
• The right to request correction of inaccurate PHI
• The right to request deletion of your PHI, subject to applicable retention requirements
• The right to receive an accounting of disclosures of your PHI
• The right to file a complaint with NARTHECare or the HHS Office for Civil Rights if you believe your privacy rights have been violated

To exercise these rights, contact NARTHECare at [INSERT PRIVACY EMAIL].

7.3 California privacy rights (CCPA/CPRA)

California residents have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information NARTHECare collects, the right to delete personal information, the right to opt out of the sale of personal information (NARTHECare does not sell personal information), and the right to non-discrimination for exercising privacy rights. Our Privacy Policy provides full details on how to exercise California privacy rights.

7.4 Agency BAA requirement

Agency customers must execute a Business Associate Agreement with NARTHECare before the agency account is activated and before any Protected Health Information is shared through the platform. Agency use of NARTHECare without a signed BAA is a material breach of these Terms.

8.1 NARTHECare intellectual property

The NARTHECare platform, including its software, AI models, algorithms, user interface, design, text, graphics, and all other content (excluding user-provided data), is the exclusive property of NARTHECare, Inc. and is protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the platform for its intended purpose during your subscription.

8.2 Your data

You retain ownership of all health data, care notes, and content you provide to NARTHECare. You grant NARTHECare a limited license to use that data to provide the services described in these Terms. This license ends when you close your account and your data is deleted.

8.3 Feedback

If you provide feedback, suggestions, or ideas about NARTHECare, you grant us a perpetual, royalty-free license to use that feedback to improve the platform. We are not obligated to compensate you for feedback.

9.1 Disclaimer of medical advice

NARTHECare   is not a medical service. The   platform, its AI-generated outputs, summaries, alerts, and all other features   are provided for informational purposes only and do not constitute medical   advice, diagnosis, treatment, or clinical decision support. NARTHECare is not   a licensed healthcare provider and does not practice medicine. Always consult   a qualified healthcare professional for medical decisions.

9.2 Disclaimer of warranties

THE NARTHECARE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARTHECARE DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF AI OUTPUTS, AND NON-INFRINGEMENT. NARTHECARE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

9.3 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARTHECARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOSS OF LIFE, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF NARTHECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NARTHECARE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO NARTHECARE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

9.4 Essential purpose

You acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between you and NARTHECare. NARTHECare would not be able to provide the platform on the terms offered without these limitations.

9.5 Emergency situations  

NARTHECare   alerts and notifications are not a substitute for emergency services. If you believe someone is in immediate   danger or experiencing a medical emergency, call 911 immediately. Do not wait   for a NARTHECare alert or attempt to use the platform to assess an emergency   situation. NARTHECare is not liable for any harm resulting from reliance on   the platform during an emergency.8.1 NARTHECare intellectual property

The NARTHECare platform, including its software, AI models, algorithms, user interface, design, text, graphics, and all other content (excluding user-provided data), is the exclusive property of NARTHECare, Inc. and is protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the platform for its intended purpose during your subscription.

You agree to indemnify, defend, and hold harmless NARTHECare, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the platform in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party rights; (d) your failure to obtain appropriate authorization from care recipients before connecting their health data; or (e) any misrepresentation you make in connection with your use of the platform.

11.1 Third-party data sources

NARTHECare connects to third-party health data sources including Apple HealthKit and Epic MyChart. Your use of those services is governed by their respective terms of service and privacy policies. NARTHECare is not responsible for the availability, accuracy, or practices of third-party data sources. Changes to third-party APIs may affect NARTHECare's ability to retrieve or process certain data.

11.2 AI service providers

NARTHECare uses third-party AI services (including the Anthropic Claude API) to power AI-generated outputs. These services are subject to their own terms and data processing agreements. NARTHECare maintains Business Associate Agreements with AI service providers where required by HIPAA before any PHI is transmitted to those services.

11.3 Payment processors

Payment processing is handled by a third-party payment processor. NARTHECare does not store your full payment card details. Your use of the payment processor is subject to their terms of service.

11.4 No endorsement

NARTHECare's integration with third-party services does not constitute an endorsement of those services. NARTHECare is not responsible for the content, privacy practices, or availability of third-party services.

12.1 Governing law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

12.2 Informal resolution

Before initiating any formal legal proceeding, you agree to first contact NARTHECare at [INSERT LEGAL EMAIL] to attempt informal resolution of any dispute. NARTHECare will make reasonable efforts to resolve disputes informally within 30 days of receiving written notice of the dispute.

12.3 Binding arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the NARTHECare platform shall be resolved by binding arbitration administered by [INSERT ARBITRATION PROVIDER] under its applicable rules, rather than in court, except as provided in Section 12.4. The arbitration shall be conducted in English, seated in Santa Clara County, California.

12.4 Exceptions to arbitration

Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Nothing in this Section prevents NARTHECare from pursuing collection of unpaid fees through any available legal means.

12.5 Class action waiver

YOU AND NARTHECARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable, the arbitration agreement in Section 12.3 shall be null and void.