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Care Companion PRO

CARE COMPANION PRO TERMS OF USE

Effective Date: July 17, 2026 • Operated by Spatara AI

PLEASE READ THESE TERMS CAREFULLY. SECTION 5 EXPLAINS THAT CARE COMPANION PRO DOES NOT PROVIDE MEDICAL, LEGAL, FINANCIAL, OR EMERGENCY SERVICES. SECTION 22 AND SECTION 23 LIMIT OUR LIABILITY TO YOU. SECTION 25 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN US ARE RESOLVED. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Last updated: 17 July 2026

IF YOU ARE FACING A MEDICAL EMERGENCY, DO NOT USE THE SERVICE. CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

1. Acceptance of These Terms

1.1 These Terms of Use, together with every document expressly incorporated into them by reference (collectively, these "Terms"), form a binding legal agreement between you and Spatara AI, a LLC organized under the laws of Florida ("Spatara AI", "we", "us", or "our"), and govern your access to and use of the Care Companion PRO web platform available at www.carecompanionpro.com, any successor or related websites, any Care Companion PRO mobile application that we may release for iOS or Android, and all associated features, content, tools, and communications (collectively, the "Service").

1.2 The following documents are incorporated into these Terms by reference and form part of your agreement with us: our Privacy Policy, our AI and Health Disclaimer, our Cookie Policy, and our Community Guidelines. Where these Terms conflict with an incorporated document on a subject that the incorporated document addresses specifically, the incorporated document controls on that subject.

1.3 You accept these Terms by creating an account, by accepting an invitation to join a Care Circle, by purchasing a subscription, or by otherwise accessing or using the Service. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" means that organization.

1.4 We may modify these Terms from time to time. If a modification is material, we will give you reasonable advance notice by email to the address associated with your account or by a conspicuous in-Service notice, and we will state the effective date. Modifications apply prospectively only. Your continued use of the Service after the effective date constitutes acceptance. If you do not accept a modification, your remedy is to stop using the Service and cancel your subscription in accordance with Section 15. Changes to the arbitration agreement in Section 25 are governed by Section 25.9.

2. Definitions

In these Terms, the following capitalized terms have the meanings given below.

  • "Account Owner" means the individual who created a Care Circle and who holds administrative control over it.
  • "AI Features" means the artificial intelligence assisted functions of the Service described in Section 9, including summarization of Care Notes, extraction of suggested tasks, appointment preparation prompts, organization of information contained in uploaded documents, and drafting of family updates.
  • "Care Circle" means a Loved One Profile together with the group of Members invited to access it.
  • "Care Notes" means free text notes, observations, logs, and journal entries recorded in the Service.
  • "Loved One" means the individual who is the subject of a Loved One Profile.
  • "Loved One Profile" means the record you create in the Service describing a Loved One and their care.
  • "Member" means any person with access to a Care Circle, including the Account Owner, invited family members, and invited care team members.
  • "Output" means content generated by an AI Feature.
  • "Subscription Plan" means the Free Plan, the Family Plan, the Family Plus Plan, or any other plan we offer, as described on our pricing page.
  • "User Content" means all information, text, images, files, documents, and other material that you or any Member submits to, uploads to, or generates within the Service, excluding Output.

3. Eligibility; Accounts and Account Security

3.1 Eligibility. The Service is offered only to individuals who are at least eighteen (18) years of age and who reside in the United States. By using the Service you represent and warrant that you meet these requirements, that you have not previously been suspended or removed from the Service, and that your use of the Service does not violate any law applicable to you.

3.2 Not directed to children. The Service is not directed to, and is not intended for use by, individuals under eighteen (18) years of age. We do not knowingly permit a minor to register for an account or to be invited as a Member. Section 24 of our Privacy Policy describes how we handle information that we learn was provided by a child.

3.3 Registration. You agree to provide accurate, current, and complete registration information and to keep it updated. We may refuse, suspend, or reclaim any account or username at our reasonable discretion.

3.4 Security. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether or not authorized by you, except to the extent caused by our failure to meet our obligations under applicable law. You agree to use a strong and unique password, to enable any multi factor authentication we make available, and to notify us at support@carecompanionpro.com promptly upon becoming aware of any unauthorized access to or use of your account.

3.5 One person per account. Accounts are personal to the individual who registers them. You may not share credentials, and you may not permit another person to access the Service using your account. Additional people participate through the invitation mechanism in Section 7, not by credential sharing.

4. What the Service Is and What It Is Not

4.1 Purpose. Care Companion PRO is a subscription based coordination and organization tool for families caring for an aging Loved One. It provides a shared place to organize tasks, appointments, medication refill reminders, Care Notes, documents, family updates, emergency information, and caregiver wellness check-ins, and it offers AI Features that assist with organizing and communicating that information.

4.2 A record keeping tool, not a source of truth. The Service reflects only the information that Members choose to enter. It does not verify, validate, correct, or independently source any information. It does not connect to a pharmacy, an electronic health record, a health plan, a monitoring device, or an emergency dispatch system, and it does not receive information from any of them. Information in the Service may be incomplete, outdated, or wrong.

4.3 Not a monitoring service. The Service does not observe, monitor, supervise, or check on a Loved One. It does not detect falls, medical deterioration, missed doses, or distress. No one at Spatara AI reviews Care Circle content or acts on it. Nothing entered into the Service will cause any person to be dispatched or contacted.

4.4 Not a medical device. The Service is intended solely for general organization, coordination, communication, and recordkeeping in connection with caregiving, and is not intended to diagnose, cure, mitigate, prevent, or treat any disease or condition, and is not intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease. We do not represent that the Service has been cleared, approved, registered, or otherwise evaluated by the United States Food and Drug Administration.

4.5 Availability. The Service is provided on an as available basis. Features described on our website may be modified, added, or discontinued. Mobile applications for iOS and Android are in development and are not part of the Service unless and until we make them generally available.

5. No Medical, Legal, Financial, or Emergency Services

5.1 The Service does not provide medical advice, medical diagnosis, treatment recommendations, medication dosage advice, clinical decision making, triage, nursing services, therapy, psychotherapy, counseling, mental or behavioral health care, case management, legal advice, financial advice, insurance advice, or emergency services of any kind. No content, feature, prompt, reminder, summary, or Output constitutes any of those things, regardless of how it is phrased and regardless of how it may appear.

5.2 No professional relationship. Use of the Service does not create a physician patient, nurse patient, therapist client, attorney client, fiduciary, advisory, or any other professional relationship between you or any Loved One and Spatara AI or any of its personnel. Spatara AI is not a health care provider, a health care facility, a home care agency, a licensed caregiver, a pharmacy, a health plan, a law firm, an insurance producer, or a financial adviser, and holds itself out as none of them.

5.3 Independent judgment required. You must always consult a qualified licensed professional regarding any medical, legal, financial, or insurance question, and before making or changing any decision about a Loved One's care, medication, treatment, or benefits. Never disregard, delay, or discontinue professional advice because of anything you read, receive, or generate in the Service.

5.4 Emergencies. The Service is not an emergency service and cannot be used to summon help. In an emergency, or if you believe a person may be in danger, call 911 or your local emergency number, or go to the nearest emergency department. If you or another person is in crisis or thinking about self harm or suicide, call or text 988 in the United States to reach the Suicide and Crisis Lifeline.

5.5 Educational and community content. Any checklists, articles, resource library material, or community discussion available through the Service is general educational information and peer support only. It is not tailored to any individual, is not a substitute for professional care, and does not purport to offer therapy or psychotherapy services.

6. Loved One Profiles; Authority to Provide Another Person's Information

6.1 You will submit information about other people. The Service is designed around a Loved One Profile, and the information in it will typically concern a person who is not you. That information is often sensitive, and may include health related information, medication information, and identifying details.

6.2 Your representations. Each time you create a Loved One Profile, or submit, upload, or share information about any person other than yourself, you represent and warrant that:

  • you have the lawful authority to do so, whether by that person's informed consent, by a valid power of attorney or health care proxy, by court appointed guardianship or conservatorship, or by another lawful basis that authorizes you to share that person's information with a third party service provider such as Spatara AI;
  • you have informed that person, or their legal representative, of the nature and purpose of the Service and of the fact that their information will be stored by us, processed by our service providers, made visible to every Member you invite, and processed by AI Features in accordance with Section 9;
  • you will not submit information about any person who has objected, or whose legal representative has objected, to that submission; and
  • you will promptly correct or delete information within your control if the authority described above is withdrawn, expires, or is found not to exist.

6.3 Your responsibility. You are solely responsible for obtaining and maintaining the authority described in Section 6.2. We do not verify authority, and we are entitled to rely conclusively on your representations. Your obligation to indemnify us in Section 24 expressly extends to claims arising from a lack of such authority.

6.4 Rights of the Loved One. A Loved One or their legal representative may contact us at support@carecompanionpro.com to request access to, correction of, or deletion of information about them held in the Service. We will respond in accordance with applicable law and our Privacy Policy. Because a Loved One Profile is created and controlled by an Account Owner, we may need to contact that Account Owner to give effect to such a request, and we may be required to notify them that the request was made.

6.5 Information you should not enter. You should not enter into the Service any information that is not reasonably necessary for caregiving coordination. In particular, do not enter Social Security numbers, financial account numbers, payment card numbers, government identification numbers, login credentials for any other service, or any information whose disclosure would be unlawful for you to make.

7. Care Circle Invitations; Roles and Permissions

7.1 Invitations. An Account Owner may invite family members and care team members to join a Care Circle. By sending an invitation you represent that you have the recipient's permission to provide us with their contact details for this purpose, that the invitation is expected and wanted, and that the recipient is at least eighteen (18) years of age. You may not use the invitation function to send unsolicited communications.

7.2 Consequence of invitation. Inviting a Member gives that Member access to the information in the Care Circle at the permission level assigned to them. Once information has been disclosed to a Member, we cannot retrieve it from them. A Member may read, copy, screenshot, export, or repeat that information. You should invite only people whom the Loved One would want to have access, and only at the level of access appropriate to their role.

7.3 Roles. Where the Service offers differentiated roles or permission levels, the Account Owner is responsible for assigning them correctly, for reviewing them periodically, and for removing Members whose involvement in the Loved One's care has ended. We are not responsible for a Member's access to information that the Account Owner permitted.

7.4 Disputes among Members. Caregiving families disagree, sometimes seriously. Spatara AI is not an arbiter of family disputes and will not adjudicate competing claims to control of a Care Circle, competing claims of authority over a Loved One, or disputes about the accuracy of User Content. Except where a court order, a valid legal instrument, or applicable law requires otherwise, we will treat the Account Owner as having control of the Care Circle. We may, at our sole discretion and without liability, suspend a Care Circle if we receive credible and conflicting claims of authority over it, until the claims are resolved between the parties or by a court.

7.5 Professional caregivers. If you are a paid or professional caregiver, a home care agency employee, or a licensed clinician, you are responsible for ensuring that your use of the Service complies with your own legal, licensing, employment, and contractual obligations, including any obligations under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). The Service is not offered to you in the capacity of a HIPAA business associate, we do not execute business associate agreements in connection with the consumer Subscription Plans, and you must not use the Service to create, receive, maintain, or transmit protected health information on behalf of a HIPAA covered entity. If you require an arrangement of that kind, contact us at support@carecompanionpro.com.

8. Your Content; Licence; Responsibility for Accuracy

8.1 Ownership. As between you and Spatara AI, you retain all right, title, and interest in and to your User Content. We claim no ownership of it.

8.2 Licence to us. You grant Spatara AI a worldwide, non exclusive, royalty free, sublicensable (solely to our service providers and only for the purposes stated here) licence to host, store, reproduce, transmit, display, adapt, and process your User Content, and to create Output from it, solely for the purposes of operating, securing, supporting, and providing the Service to you and to the Members of your Care Circle, and as otherwise described in our Privacy Policy. This licence exists only to allow us to run the Service. It does not permit us to use your User Content for advertising, for sale, or for any unrelated purpose.

8.3 Term of the licence. The licence in Section 8.2 terminates when your User Content is deleted from the Service, subject to a commercially reasonable period for removal from active systems and to any residual copies retained in backups until they are overwritten in the ordinary course, and subject to Section 21.5.

8.4 Accuracy is your responsibility. You are solely responsible for the accuracy, completeness, currency, quality, and legality of your User Content. We do not review it for accuracy. Errors in User Content, including errors in a medication name, a dose reference, an allergy, an appointment time, or an emergency contact, will propagate to every Member, to every reminder, and to every Output. Verify the information in the Service against authoritative sources, including the prescription label, the pharmacy, and the treating clinician.

8.5 Backups. The Service is not a backup service, a document vault of record, or an archival system, and you should not rely on it as the sole repository of any document. Retain your own copies of anything you cannot afford to lose.

9. AI-Assisted Features

9.1 What the AI Features do. The AI Features are organizational and communication aids. They are designed to summarize Care Notes, extract suggested tasks from text you provide, help you prepare questions and topics for an appointment, organize information contained in documents you upload, and draft family updates. They are designed only for organization and coordination.

9.2 What the AI Features do not do. The AI Features do not diagnose, do not interpret clinical significance, do not assess symptoms, do not recommend or evaluate treatment, do not advise on medication or dosage, do not triage, do not detect emergencies, do not provide legal, financial, or insurance advice, and do not provide therapy, psychotherapy, counseling, or mental or behavioral health care of any kind. Any Output that appears to do any of those things is an error and must be disregarded. The AI Features are not a companion, a friend, or an emotional support tool, are not designed or intended to meet a user's social or emotional needs, and are not designed to sustain a personal relationship with any user.

9.3 You are interacting with software. Output is generated by artificial intelligence and not by a human being. No clinician, lawyer, adviser, or other professional reviews Output before you see it.

9.4 Output is unreliable and must be verified. Generative AI systems produce output that is plausible in form but that may be inaccurate, incomplete, internally inconsistent, out of date, or entirely fabricated, including fabricated facts, dates, names, quantities, and instructions that appear in your source material nowhere at all. Output may also omit material that matters. You must read, review, and independently verify every Output before relying on it, sharing it, or acting on it. You remain the decision maker at all times. We do not warrant, and expressly disclaim any warranty as to, the accuracy, completeness, reliability, or fitness for any purpose of any Output.

9.5 How Output is treated. Subject to the terms of the third party model providers we use, and as between you and us, we do not claim ownership of Output generated for you, and you may use it for your caregiving purposes. Output is not unique to you; similar or identical output may be generated for others. Output is treated as User Content for the purposes of Sections 8.4, 17, 22, 23, and 24.

9.6 Third party model providers. The AI Features are powered in whole or in part by third party artificial intelligence model providers. Your inputs to an AI Feature, which may include Care Notes and document content relating to a Loved One, are transmitted to and processed by those providers on our behalf. Our Privacy Policy identifies the categories of these providers and describes the contractual protections we impose, including restrictions on their use of your information. Do not enter into an AI Feature anything you would not be willing to have processed by a third party service provider under those terms.

9.7 Usage allowances. AI Feature usage is metered and is subject to the allowance included in your Subscription Plan, as described on our pricing page. Allowances reset on the cadence stated for your plan, do not accumulate, and have no cash value. We may apply reasonable rate limits, technical safeguards, and anti abuse measures, and may suspend AI Feature access where we reasonably suspect abuse, automation, resale, or use in breach of Section 17.

9.8 Prohibited uses of the AI Features. You must not use an AI Feature to seek or generate medical, legal, financial, or insurance advice, to attempt to obtain a diagnosis or a treatment recommendation, to obtain therapy, counseling, or mental or behavioral health care, to make or support any clinical decision, or in any emergency or time critical situation. You must not attempt to circumvent safety measures, extract system prompts, reverse engineer any model, or use the AI Features to develop a competing product or to train any machine learning model.

9.9 Further terms. Our AI and Health Disclaimer contains additional terms governing the AI Features and is incorporated into these Terms by reference.

10. Medication, Appointment, and Task Reminders

10.1 Reminders are convenience notifications only. The Service can display and send reminders relating to medication refills, appointments, tasks, and check-ins based on the information and schedules that Members enter. A reminder is a calendar style prompt. It is not a clinical alert, it is not supervision, and it does not confirm that any medication was taken, that any refill was ordered, or that any appointment was attended.

10.2 Reminders will sometimes fail. Delivery of reminders depends on factors outside our control, including your device, its settings and permissions, its battery and power state, your operating system, your network and carrier, your email or messaging provider, spam filtering, and the accuracy of the underlying information you entered. Reminders may be delayed, duplicated, misdirected, or not delivered at all. You must not rely on the Service as the sole or primary mechanism for anything that matters to a Loved One's health or safety, and you must maintain an independent method of ensuring that medications are managed correctly and appointments are kept.

10.3 Medication information. Medication information stored in the Service is a record of what a Member typed. It is not a prescription, not a pharmacy record, not a medication administration record, and not verified against any drug database, prescription, or label. It may contain typographical errors, may be out of date, and may conflict with current medical direction. Always follow the prescription label and your pharmacist's and prescriber's instructions, which control over anything shown in the Service.

10.4 Communications consent. By providing an email address or a mobile number and by enabling reminders or notifications, you consent to receive Service related communications at that address or number, which may be sent using automated systems. Message and data rates may apply. You may opt out of non essential communications using the unsubscribe or preference mechanisms provided, or by replying STOP to a text message where that option is offered. Certain transactional and administrative communications, including billing, security, and legal notices, are necessary to the Service and cannot be declined while you maintain an account. You must not enable reminders to a telephone number or email address that is not yours or that you are not authorized to enroll.

11. Emergency Information Card

11.1 What it is. The Service allows Members to compile emergency information, such as conditions, allergies, and contacts, into a card that a Member may choose to display to another person, including a first responder or clinician.

11.2 What it is not. The emergency information card is a display of text that Members typed. It is not verified, it is not a medical record, it is not a medical alert product, it is not a legal instrument, and it does not summon assistance. It has no legal effect and it does not evidence any advance directive, do not resuscitate order, health care proxy, or power of attorney. A first responder or clinician is under no obligation to read it, to accept it, or to act on it, and will exercise their own professional judgment.

11.3 Legal documents. If a Loved One has an advance directive, a POLST or MOLST form, a do not resuscitate order, a health care proxy, or a power of attorney, those documents must be executed, maintained, and made available in the manner required by the law of the applicable jurisdiction. Storing a copy or a summary in the Service does not create, validate, register, transmit, or give effect to any such document.

11.4 Availability at the moment of need. Access to the emergency information card requires a functioning device, a network connection, an active session, and the Service being available. None of these can be assured, least of all in an emergency. Maintain a physical copy of critical information.

12. Caregiver Wellness Check-Ins

12.1 Purpose. The Service offers optional wellness check-ins that allow a Member to log simple self reported entries, such as mood, sleep, and meals, in order to keep a personal record over time.

12.2 Nature of the feature. A wellness check-in is a self logging feature for general wellness purposes. It is not a screening tool, not an assessment, not a clinical instrument, and not a diagnostic aid. It does not evaluate, score, interpret, or detect any emotional or mental state or condition, and it does not provide, and is not a substitute for, therapy, psychotherapy, counseling, or mental or behavioral health care. No one at Spatara AI reviews check-in entries, and no entry will trigger any outreach, referral, welfare check, or intervention.

12.3 If you are struggling. Caregiving is demanding and caregiver distress is real and common. If you are experiencing distress, please contact a licensed professional. If you are in crisis or thinking about harming yourself, call or text 988 in the United States to reach the Suicide and Crisis Lifeline, or call 911. The Service cannot help you in a crisis.

12.4 Sensitivity of check-in data. Wellness check-in entries are treated as sensitive information and as consumer health data under our Privacy Policy. Consider carefully whether you wish to record them, particularly if other Members can see them.

13. Community Features

13.1 Nature of the community. The Service may include a moderated community, discussion groups, and a resource library. These are peer support and general educational spaces only. They are not a source of medical, legal, financial, or professional advice, and no content in them purports to offer therapy or psychotherapy services.

13.2 Other users are strangers. Community content is written by other users. It is not vetted, endorsed, or verified by us, may be wrong or harmful, and may be posted by a person who is not who they claim to be. Do not act on community content. Do not disclose identifying details about a Loved One in a community space. Content posted in a community area may be visible to other users and, depending on the area, may be publicly accessible and indexed by search engines. Once posted, it may be copied and redistributed beyond our control.

13.3 Community Guidelines. All community participation is governed by our Community Guidelines, which are incorporated into these Terms by reference. Moderation is undertaken on a reasonable efforts basis. We do not undertake, and expressly disclaim, any duty to monitor, screen, review, or remove community content, and any moderation we do perform is voluntary and does not create such a duty. We may remove content and restrict participation at our discretion in accordance with the Community Guidelines.

13.4 Copyright complaints. We respond to notices of claimed copyright infringement submitted under the Digital Millennium Copyright Act. Notices should be sent to our designated agent at Spatara AI, Attn: DMCA Agent, 8915 NE 9th Ave, Miami, FL 33138; email support@carecompanionpro.com. We may terminate the accounts of repeat infringers in appropriate circumstances.

14. Subscription Plans and Fees

14.1 Plans. We offer a Free Plan and paid Subscription Plans. The features, limits, prices, and billing periods of each plan are set out on our pricing page at the time of purchase, and those details are incorporated into these Terms for your purchase. In summary, and subject to the pricing page:

  • the Free Plan provides basic access, with a limited number of Loved One Profiles, a limited number of invited Members, and a small number of AI Feature uses;
  • the Family Plan provides expanded coordination tools for one Loved One, additional invited Members, and a monthly AI Feature allowance; and
  • the Family Plus Plan provides multiple Loved One Profiles, unlimited invited Members, document storage, and a higher monthly AI Feature allowance.

14.2 Fees and taxes. All fees are quoted and payable in United States dollars and are exclusive of taxes. You are responsible for any sales, use, or similar taxes, which we may collect and remit where required. Except as expressly stated in Section 15 or as required by law, all fees are non refundable and there are no refunds or credits for partially used periods, unused allowances, or unused features.

14.3 Payment. Payment is processed by our third party payment processor. We do not store your full payment card number. By providing a payment method you represent that you are authorized to use it, and you authorize us and our processor to charge it for all amounts due, including on renewal. You agree to keep your payment information current. If a charge fails, we may retry it, and we may suspend or downgrade paid features until payment is received.

14.4 Price changes. We may change our prices. Any price change will apply to you no earlier than your next renewal, and we will give you notice in accordance with Section 15.3 before it takes effect. If you do not accept a price change, you may cancel before the renewal date and the change will not be charged to you.

14.5 Plan changes. If you upgrade, the change takes effect immediately and we will charge the difference, prorated where our systems support proration. If you downgrade, the change takes effect at the end of your current billing period. If you downgrade or cancel, features and content that exceed the limits of your new plan may become inaccessible, including additional Loved One Profiles, additional Members, and stored documents. Export anything you need before you downgrade.

15. Automatic Renewal, Cancellation, and Refunds

15.1 AUTOMATIC RENEWAL. PAID SUBSCRIPTION PLANS RENEW AUTOMATICALLY. UNLESS YOU CANCEL BEFORE THE END OF THE THEN CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A FURTHER PERIOD OF THE SAME LENGTH, AND THE PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN CURRENT PRICE FOR THAT PERIOD, PLUS APPLICABLE TAXES, WITHOUT FURTHER ACTION BY YOU. RENEWALS CONTINUE UNTIL YOU CANCEL.

15.2 Terms disclosed at purchase. Before you complete a purchase, we present the automatic renewal terms, the recurring charge amount, the length of the billing period and of each renewal period, the cancellation method, and any introductory or promotional price together with the price that will apply after the promotional period ends. We obtain your affirmative consent to those automatic renewal terms separately from your agreement to these Terms as a whole, and we send you an acknowledgement of the automatic renewal terms and the cancellation method after purchase.

15.3 Renewal reminders. Where required by applicable law, and in any event for annual subscriptions, we will send you a reminder before your subscription renews. The reminder will identify the subscription, state the renewal date and the amount that will be charged, and explain how to cancel. We will also give you advance notice before any material change to your subscription terms or price takes effect.

15.4 How to cancel. You may cancel at any time, for any reason, without speaking to anyone and without giving a reason, by using the cancellation control in your account settings. Cancellation takes effect at the end of the billing period in which you cancel. You will retain paid access until then, and you will not be charged again. We do not require you to call us, chat with us, or complete any retention process in order to cancel. You may also cancel by emailing support@carecompanionpro.com from the address associated with your account, and we will process the cancellation and confirm it to you.

15.5 Refunds. Except as required by law or as stated in this Section 15.5, fees are non refundable. As a matter of policy, and without creating any obligation, we will refund an annual subscription in full if you request it within 7 days of the initial purchase or of an automatic renewal, provided you have not made material use of the Service in that period. Requests should be sent to support@carecompanionpro.com. Nothing in these Terms limits any non waivable statutory right you may have.

15.6 Effect of cancellation. On cancellation, your account reverts to the Free Plan or, if you request deletion, is deleted in accordance with Section 21 and our Privacy Policy. Content that exceeds Free Plan limits may become inaccessible. Cancelling a subscription does not by itself delete your data. Deletion must be requested separately.

15.7 California residents. If you are a California resident, you may cancel and may request a refund in accordance with California law, and the California Automatic Renewal Law provides you with additional protections regarding disclosure, consent, and cancellation. Nothing in this Section 15 limits those rights.

16. Free Plan, Promotions, and Usage Allowances

16.1 Free Plan. The Free Plan is provided at no charge, with limited functionality and limited AI Feature uses, and is provided as is with no warranty and no commitment of any kind, including no commitment as to availability, retention, or continuity. We may modify, limit, or discontinue the Free Plan at any time. Our aggregate liability in respect of the Free Plan is limited in accordance with Section 23.3.

16.2 Free to paid conversion. If we offer a free trial or an introductory price that converts to a recurring paid subscription, we will disclose to you, before you enroll, the fact that the subscription will convert to a paid subscription unless you cancel, the price that will then apply, and how to cancel.

16.3 Allowances. Feature allowances, including AI Feature allowances and storage limits, apply per plan and per billing period as stated on our pricing page. Allowances are personal, do not roll over, are not transferable, and have no monetary value. We may enforce them by technical means.

16.4 Fair use. Paid plan features described as "unlimited", including unlimited invited Members on the Family Plus Plan, are subject to fair and reasonable use consistent with the nature of a family Care Circle. We may contact you and, if the matter is not resolved, apply reasonable limits where usage is materially inconsistent with ordinary family caregiving use, is automated, or is undertaken for resale or for the benefit of a business or institution.

17. Acceptable Use

17.1 You must not, and must not permit any Member or other person to:

  • use the Service in any way that violates any applicable law or regulation, or that infringes or misappropriates the rights of any person;
  • submit information about another person without the authority required by Section 6;
  • use the Service to provide, or hold the Service out as providing, medical, clinical, legal, financial, insurance, or mental or behavioral health services to any person;
  • use the Service, or any Output, to make, support, or justify any clinical, diagnostic, treatment, medication, or emergency decision;
  • impersonate any person, misrepresent your identity, relationship to a Loved One, or authority, or misrepresent your affiliation with any person or organization;
  • upload any material that is unlawful, defamatory, harassing, abusive, threatening, obscene, sexually explicit, hateful, or that depicts or facilitates the abuse, neglect, exploitation, or financial exploitation of any person;
  • use the Service to surveil, stalk, control, coerce, harass, or abuse any person, including a Loved One or another Member;
  • upload any material containing malware or any other harmful code, or otherwise interfere with, disrupt, or compromise the integrity, security, or performance of the Service;
  • attempt to gain unauthorized access to the Service, to any account, to any Care Circle, or to any system or network connected to the Service, or attempt to defeat or circumvent any authentication, rate limit, allowance, safety measure, or other technical restriction;
  • probe, scan, or test the vulnerability of the Service except under a written authorization from us;
  • scrape, crawl, harvest, or use any automated means to access, extract, or index the Service or any content in it, except for a public search engine acting in accordance with our robots directives;
  • copy, modify, translate, adapt, decompile, disassemble, or reverse engineer any part of the Service, or attempt to derive its source code, models, weights, prompts, or underlying ideas, except to the extent that this restriction is unenforceable under applicable law;
  • use the Service or any Output to develop, train, improve, benchmark, or evaluate any artificial intelligence or machine learning model or any competing product or service;
  • resell, sublicense, rent, lease, time share, or otherwise commercially exploit the Service, or use it as part of a service bureau or on behalf of any third party, without our prior written consent;
  • remove, obscure, or alter any proprietary notice, or any disclaimer that the Service displays; or
  • use the Service in any manner that could reasonably be expected to bring us into disrepute or to expose us or any user to liability.

17.2 You are responsible for the acts and omissions of every Member you invite, as if they were your own.

18. Enforcement, Suspension, and Termination

18.1 Your right to terminate. You may stop using the Service and delete your account at any time through your account settings or by contacting support@carecompanionpro.com. Termination does not entitle you to a refund except as provided in Section 15.5 or as required by law.

18.2 Our right to suspend or terminate. We may suspend or terminate your access to the Service, or to any feature of it, in whole or in part, with notice where reasonably practicable, if:

  • you materially breach these Terms and, where the breach is capable of cure, fail to cure it within ten (10) days of our notice;
  • your use presents a risk of harm to any person, to us, or to the Service, in which case we may act immediately and without notice;
  • a payment due from you is not made;
  • we are required to do so by law or by an order of a court or regulator; or
  • we discontinue the Service or the relevant feature, in which case Section 18.4 applies.

18.3 Proportionality. Where the circumstances permit, we will apply the least restrictive measure that is reasonably adequate, which may include removing specific content, limiting a feature, or restricting a single Member rather than a whole Care Circle. Because the information in a Care Circle may be important to the care of a vulnerable person, we will use commercially reasonable efforts, consistent with law and with the safety of others, to give you an opportunity to export your data before a termination initiated by us takes effect.

18.4 Discontinuation of the Service. If we decide to discontinue the Service, or to discontinue a paid Subscription Plan, we will give you at least thirty (30) days' notice, will provide a means to export your data during that period, and will refund the unused portion of any prepaid fees on a pro rata basis.

18.5 Effect of termination. On termination, your right to use the Service ends immediately. Sections 2, 5, 6.3, 8.4, 9.4, 17, 18.5, 19, 20, 21.5, 22, 23, 24, and 25, and any other provision that by its nature should survive, survive termination.

19. Intellectual Property; Feedback

19.1 Our property. The Service, and all software, code, models, prompts, interfaces, designs, text, graphics, compilations, and other materials that we provide in it, together with all intellectual property rights in them, are and remain the exclusive property of Spatara AI and its licensors. Nothing in these Terms transfers any of those rights to you.

19.2 Licence to you. Subject to your compliance with these Terms and, for paid features, payment of the applicable fees, we grant you a limited, revocable, non exclusive, non transferable, non sublicensable licence to access and use the Service for your own personal, non commercial caregiving purposes, during the term of your account. All rights not expressly granted are reserved.

19.3 Trademarks. "Spatara AI", "Care Companion PRO", and our logos and product names are trademarks of Spatara AI. You may not use them without our prior written consent. Third party marks are the property of their respective owners and their appearance does not imply endorsement.

19.4 Feedback. If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty free, fully paid, sublicensable, and transferable licence to use and exploit it for any purpose without restriction, attribution, or compensation. Please do not send us confidential information as feedback.

19.5 Aggregated and de-identified data. We may create aggregated or de-identified data from use of the Service and may use it to operate, secure, analyse, and improve the Service and for other lawful business purposes, provided that such data does not identify you, any Loved One, or any Member, and provided that we do not attempt to reidentify it and contractually prohibit our recipients from doing so. Our use of your and your Loved One's information for the training of artificial intelligence models is addressed in our Privacy Policy.

20. Third-Party Services

20.1 The Service depends on third parties, including hosting and infrastructure providers, our payment processor, communications providers, and artificial intelligence model providers. It may also link to or interoperate with third party websites, applications, or services.

20.2 We are not responsible for third party services that we do not control, for their content, or for their privacy or security practices. Your use of a third party service is governed by that party's terms, not by these Terms. Any dispute you have with a third party service is between you and that party.

20.3 Nothing in this Section 20 limits our own obligations to you under these Terms or under applicable law, or our responsibility for our service providers to the extent provided by law.

21. Privacy

21.1 Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully. It explains, among other things, what information we collect, how AI Features process it, whom we disclose it to, how long we retain it, and the rights available to you under state law.

21.2 HIPAA does not apply to us. Spatara AI is not a covered entity under HIPAA, and, in providing the consumer Subscription Plans, is not a business associate of any covered entity. Information you enter into the Service is not protected health information under HIPAA and is not subject to HIPAA's protections. It is protected instead by our contractual commitments in these Terms and our Privacy Policy, by our security measures, and by the federal and state consumer protection and consumer health data laws that apply to us, including Section 5 of the Federal Trade Commission Act and the FTC Health Breach Notification Rule. We do not describe the Service as "HIPAA compliant".

21.3 Consumer health data. Much of what you enter, including conditions, allergies, medications, Care Notes, uploaded documents, and wellness check-ins, is consumer health data under the laws of certain states. Our Privacy Policy explains the consents we obtain and the rights you have in relation to it.

21.4 Security. We maintain administrative, technical, and physical safeguards designed to protect information in the Service. No method of transmission or storage is completely secure, and we cannot and do not guarantee absolute security. You play an essential part in security, including by protecting your credentials and by inviting Members carefully.

21.5 Retention after termination. Following account deletion we delete or de-identify personal information in accordance with our Privacy Policy, except where we are required or permitted to retain it, including to comply with law, to enforce our agreements, to resolve disputes, to prevent fraud and abuse, and in backups until they are overwritten in the ordinary course.

22. Disclaimers

22.1 THE SERVICE, ALL CONTENT IN IT, AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPATARA AI AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

22.2 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (b) ANY DEFECT WILL BE CORRECTED; (c) ANY REMINDER OR NOTIFICATION WILL BE DELIVERED, DELIVERED ON TIME, OR DELIVERED ONLY ONCE; (d) ANY USER CONTENT OR OUTPUT IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (e) ANY DATA WILL BE PRESERVED OR RECOVERABLE; OR (f) THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT.

22.3 YOU ACKNOWLEDGE THAT THE SERVICE IS AN ORGANIZATIONAL TOOL AND THAT DECISIONS ABOUT A LOVED ONE'S HEALTH, CARE, SAFETY, LEGAL AFFAIRS, AND FINANCES ARE YOURS AND THOSE OF THE QUALIFIED PROFESSIONALS YOU ENGAGE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND FOR ANY RELIANCE ON ANY CONTENT OR OUTPUT.

22.4 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions in this Section 22 apply to the fullest extent permitted, and any warranty that cannot be excluded is limited in duration to ninety (90) days from your first use of the relevant feature.

23. Limitation of Liability

23.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPATARA AI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.2 WITHOUT LIMITING SECTION 23.1, WE WILL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO: (a) ANY DECISION MADE OR NOT MADE, OR ACTION TAKEN OR NOT TAKEN, BY YOU, ANY MEMBER, ANY LOVED ONE, OR ANY OTHER PERSON IN RELIANCE ON THE SERVICE, ANY USER CONTENT, OR ANY OUTPUT; (b) ANY INACCURACY, ERROR, OR OMISSION IN USER CONTENT OR OUTPUT; (c) ANY FAILURE, DELAY, DUPLICATION, OR MISDIRECTION OF ANY REMINDER OR NOTIFICATION; (d) ANY MISSED MEDICATION, MISSED REFILL, MISSED APPOINTMENT, OR MISSED TASK; (e) THE CONDUCT OF ANY MEMBER OR OTHER USER, INCLUDING ANY DISCLOSURE, MISUSE, OR DELETION OF INFORMATION BY A MEMBER YOU INVITED; (f) ANY COMMUNITY CONTENT; (g) ANY THIRD PARTY SERVICE; OR (h) ANY UNAVAILABILITY OF THE SERVICE.

23.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SPATARA AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, AND (b) ONE HUNDRED UNITED STATES DOLLARS (US$100). THIS LIMIT IS CUMULATIVE AND NOT PER INCIDENT.

23.4 Exceptions. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or for our gross negligence or wilful misconduct, in each case to the extent that applicable law does not permit exclusion or limitation. Some jurisdictions do not allow certain exclusions or limitations, so parts of this Section 23 may not apply to you. If any part of this Section 23 is held unenforceable, the remainder continues to apply.

23.5 Basis of the bargain. You acknowledge that the disclaimers in Section 22 and the limitations in this Section 23 reflect a reasonable and fair allocation of risk between us, that they are an essential basis of the bargain between us, that our fees are set in reliance on them, and that we would not provide the Service on the terms offered without them. They apply even if a limited remedy fails of its essential purpose.

24. Indemnification

24.1 To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Spatara AI and its officers, directors, employees, agents, licensors, and service providers from and against any and all third party claims, demands, actions, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • your access to or use of the Service;
  • your User Content, or any Output you generate, use, share, or act upon;
  • your breach of these Terms, including Section 6 (authority to submit another person's information) and Section 17 (acceptable use);
  • your violation of any law or of the rights of any person, including any Loved One or any Member;
  • any claim by a Loved One, a Member, or a family member of either, relating to the collection, use, disclosure, accuracy, or deletion of information you submitted, or to their access to or exclusion from a Care Circle; or
  • any claim that you used the Service to provide services to another person, or in the course of a business, profession, or institution.

24.2 We will notify you of any claim for which we seek indemnification, and will reasonably cooperate at your expense. We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you will not settle any matter that imposes any obligation or admission on us without our prior written consent.

24.3 This Section 24 is not intended to require indemnification to the extent prohibited by applicable law, and does not apply to any claim arising from our own gross negligence or wilful misconduct.

25. Dispute Resolution; Governing Law; General Provisions

25.1 PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND US TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. SECTION 25.8 EXPLAINS HOW TO OPT OUT.

25.2 Informal resolution first. Before commencing any arbitration or proceeding, the initiating party must send the other a written notice of dispute describing the claim and the relief sought. Notices to us go to support@carecompanionpro.com and to 8915 NE 9th Ave Miami, FL 33138. Notices to you go to the email address on your account. The parties will attempt in good faith to resolve the dispute for sixty (60) days from receipt. This process is a condition precedent to commencing arbitration, and any applicable limitation period is tolled during it.

25.3 Agreement to arbitrate. Except as provided in Section 25.5, you and Spatara AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, termination, validity, or enforceability, will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 et seq. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court has exclusive authority to decide any dispute about the enforceability of Section 25.6.

25.4 Arbitration procedure. The arbitration will be conducted by a single arbitrator. The seat will be Miami-Dade County, Florida, and hearings, if any, may be conducted by telephone or videoconference, or, at your election if you are an individual consumer, in the county of your residence. We will pay filing, administration, and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules, and will pay all such fees for any claim of ten thousand United States dollars (US$10,000) or less unless the arbitrator determines the claim to be frivolous. The arbitrator may award any relief available in court, but only in favour of the individual party seeking relief and only to the extent necessary to provide relief on that party's individual claim. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

25.5 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain the actual or threatened infringement or misappropriation of intellectual property or the unauthorized access to or use of the Service. Nothing in this Section 25 prevents you from reporting a matter to, or from participating in a proceeding brought by, a governmental authority.

25.6 CLASS ACTION WAIVER. YOU AND SPATARA AI 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS SECTION 25.6 IS FOUND UNENFORCEABLE AS TO ANY CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF MUST BE SEVERED AND BROUGHT IN A COURT OF COMPETENT JURISDICTION, AND THE REMAINING CLAIMS MUST BE ARBITRATED. IF THIS SECTION 25.6 IS FOUND UNENFORCEABLE IN ITS ENTIRETY, THE WHOLE OF SECTION 25.3 IS NULL AND VOID.

25.7 JURY TRIAL WAIVER. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND SPATARA AI EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

25.8 RIGHT TO OPT OUT. You may opt out of the agreement to arbitrate in Section 25.3 and the class action waiver in Section 25.6 by sending written notice to support@carecompanionpro.com, with the subject line "Arbitration Opt Out", within thirty (30) days of the date you first accept these Terms. The notice must state your name, the email address on your account, and a clear statement that you wish to opt out. Opting out has no other effect on your relationship with us, and we will not retaliate against you for doing so. If you opt out, Section 25.10 governs.

25.9 Changes to this Section. If we materially amend this Section 25 after you accept these Terms, you may reject the amendment by sending us written notice within thirty (30) days of the effective date, in which case the version of this Section 25 in force immediately before the amendment will continue to govern disputes between us.

25.10 Governing law and forum. These Terms and any dispute between us are governed by the laws of the State of Florida, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 25.3. Where a dispute is not subject to arbitration, the state and federal courts located in Miami-Dade County and Florida will have exclusive jurisdiction, and you and we consent to personal jurisdiction there. If you are a consumer, nothing in this Section deprives you of the protection of any mandatory provision of the law of the state in which you reside, or of any right to bring proceedings in the courts of that state where applicable law so provides.

25.11 Limitation period. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues, or it is permanently barred. This Section 25.11 does not apply where applicable law prohibits a contractual limitation period, and does not apply to a claim brought by a consumer that applicable law requires to be permitted for a longer period.

25.12 Entire agreement; severability; waiver; assignment; notices. These Terms, together with the documents incorporated by reference, are the entire agreement between you and us regarding the Service and supersede all prior understandings on that subject. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed, and the remainder will continue in full force. Our failure to enforce any provision is not a waiver of it, and any waiver must be in writing. You may not assign these Terms without our prior written consent, and any attempt to do so is void. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, on notice to you. There are no third party beneficiaries to these Terms, except that our officers, directors, employees, agents, licensors, and service providers are intended beneficiaries of Sections 22, 23, and 24. We may give notice by email, by posting in the Service, or by posting on our website. You consent to receive notices and disclosures electronically, and agree that electronic delivery satisfies any legal requirement that they be in writing. You may withdraw that consent by closing your account. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship. Section headings are for convenience only.

25.13 Contact us. Questions about these Terms may be sent to support@carecompanionpro.com, or to Spatara AI at 8915 NE 9th Ave Miami, FL 33138. Support requests may be sent to support@carecompanionpro.com.

Contact us

Questions about this page? Reach our team at support@carecompanionpro.com or write to Spatara AI, 8915 NE 9th Ave, Miami, FL 33138.