Terms and Conditions

By accessing and using "The CareTracker," you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Please take the time to carefully review this document, as it outlines the terms that govern your use of the app. Your use of "The CareTracker" signifies your consent to these terms and your commitment to abide by them.

Definitions

a. "App" refers to the mobile application known as "The CareTracker," developed by The CareTracker, available for download on various app stores.

b. "User" refers to any individual who downloads, installs, or uses the "The CareTracker" app, including caregivers and The Cared for.

c. "Caregiver" refers to a user who provides care and uses the app to manage time and health data for The Cared for. The Caregiver can be referred as Nanny, babysitter, Elder Caregiver etc.

d. "The Cared for" refers to a user who receives medical care and has their health data managed by a caregiver within the app.

e. "Health Data" encompasses all information, including but not limited to medications, allergies, medical conditions, and other health-related data, entered into the app by users.

f. "Data Sharing Model" represents the controlled and siloed nature of data handling within the app, where health data is not shared with external corporations, businesses, or government entities.

g. "Terms" or "Terms and Conditions" refers to this document, outlining the rights and responsibilities of users and "The CareTracker."

h. "Privacy Policy" refers to the document detailing how user data is collected, stored, and used within the app.

i. "Intellectual Property" encompasses all trademarks, copyrights, and proprietary content associated with "The CareTracker."

j. "Account" refers to the individual user profile created by a user when using the app.

k. "Data Misuse" indicates any unauthorized access, sharing, or misuse of user-provided health data, whether intentional or unintentional.

l. "Applicable Laws" denotes any local, national, or international laws and regulations relevant to the use of the app, particularly those related to the handling of medical data.

m. "Dispute Resolution" outlines the procedures and methods by which any disputes arising from app usage will be settled, including but not limited to arbitration, mediation, or legal proceedings.

1. Acceptance of Terms

By using "The CareTracker," you acknowledge that you have read, understood, and agreed to these Terms and Conditions, as well as any additional policies or guidelines referenced herein (collectively referred to as "Terms"). If you do not agree to these Terms or any part thereof, you should not use the app.

Your access to and use of "The CareTracker" constitute your acceptance of these Terms and your commitment to abide by them. These Terms form a legally binding agreement between you (referred to as "User" or "You") and Caretracker the entity providing "The CareTracker" (referred to as "we," "us," "our," or "the app").

Please review these Terms carefully. If you are accessing and using "The CareTracker" on behalf of an organization, you represent and warrant that you have the authority to accept these Terms on the organization's behalf.

Your use of the app signifies your consent to these Terms and your commitment to complying with all terms and conditions outlined herein. These Terms are subject to change, and it is your responsibility to review them regularly to stay informed of any updates or modifications. If you do not agree with any future changes to these Terms, you should discontinue your use of the app.

2. Data Handling and Privacy Summary.

This clause emphasizes that user-provided medical information in "The CareTracker" is treated with the utmost privacy and security. It assures users that their health data will not be shared with external entities, ensuring the confidentiality of their information.

a. Internal Use Only: Any data collected, stored, or visualized through time tracking features within "The Care Tracker" app is strictly limited to internal use within the app. This means that the data will not be shared externally, with any third parties, corporations, businesses, or government entities.

b. User Responsibility for Data Accuracy: "The CareTracker" is a platform that empowers users, including caregivers and The Cared for, to input, organize, and manage health-related information (referred to as "Data"). Users understand and acknowledge that they are solely responsible for the accuracy, completeness, and legality of the Data they enter into the app.

c. Non-External Data Sharing: We are committed to safeguarding the privacy and security of your health-related Data. "The CareTracker" does not, under any circumstances, share, sell, or disclose user-provided medical information to external corporations, businesses, government entities, or third parties. Your Data remains siloed within the app, accessible only to authorized users based on role-specific access permissions.

d. Security Measures: We implement a range of security measures designed to protect your Data. While we take every reasonable step to ensure the safety and confidentiality of your information, it is important to recognize that no digital platform can guarantee absolute security.

Users are encouraged to follow best practices for securing their accounts, including safeguarding login credentials and promptly reporting any suspected security breaches.

e. No Medical Advice: "The CareTracker" is a data management tool, and it does not offer

medical advice or diagnoses. Users should not rely solely on the app's information for medical decision-making. Consult with qualified healthcare professionals for medical advice, diagnoses, and treatment.

f. Data Retention: Users are advised that "The CareTracker" may retain your Data for a certain period as necessary for app functionality and compliance with applicable laws and regulations.

Data may be deleted upon user request or account termination, as detailed in the app's Privacy Policy.

3. Access Permissions Summary.

This clause outlines how "The CareTracker" app controls and defines user access to its features and data. It ensures that caregivers and The Cared for have tailored access rights, aligning with their roles, and reinforces the app's commitment to user data privacy and security.

This clause helps maintain a secure and efficient user experience within the app.

a. Caregiver Access: Caregivers who use “The CareTracker" are granted access to specific features that enable them to efficiently manage and track the health-related data of their patients (referred to as the "Cared For"). This includes, but is not limited to, the ability to log, track, update, manage, and report on time spent providing care to the Cared For.

b. Feature Access: Caregivers have access to features such as clock in/out functionality, time logs, schedules, and summaries of time worked. These features are designed to assist caregivers in providing effective care and maintaining accurate records.

c. Patient Privacy: Caregivers are expected to use these features responsibly and with respect for the privacy and confidentiality of the health-related data of the Cared For. The data collected is intended for caregiving purposes within the app.

d. User Control: It is the responsibility of caregivers to ensure that the access permissions granted align with their caregiving role and responsibilities. Caregivers are encouraged to maintain the security of their accounts and protect login credentials.

e. No Unauthorized Access: Unauthorized access to or misuse of the features and data within the app is strictly prohibited. If caregivers become aware of any unauthorized access, they are responsible for promptly reporting such incidents.

f. Compliance: Access permissions for caregivers within “The CareTracker" are designed to align with the caregiving functions of the app. Users are expected to use the features and data in compliance with this privacy policy and the terms and conditions of the app.

4. Liability Disclaimer

a. Data Misuse: "The CareTracker" is dedicated to ensuring the privacy and security of your health-related Data. However, we disclaim any liability for the misuse, unauthorized access, or unintended disclosure of your user-provided information. Users are responsible for maintaining the confidentiality of their login credentials and monitoring access to their accounts.

b. Data Accuracy: While we encourage the accurate entry of health data, we cannot guarantee the accuracy or completeness of user-provided Data. It is the user's responsibility to ensure that the information input into the app is correct and complies with all applicable laws and regulations.

c. No Medical Advice: "The CareTracker" is not a substitute for professional medical advice, diagnoses, or treatment. The app is designed for data management purposes only and does not offer medical recommendations or diagnoses. Users should consult with qualified healthcare professionals for medical guidance.

d. Limitation of Liability: In no event shall "The CareTracker," including its affiliates, directors, officers, employees, agents, or contractors, be liable for any direct, indirect, consequential, incidental, special, or punitive damages, or any other damages whatsoever, arising out of or in connection with the use of the app or the inability to use it, even if we have been advised of the possibility of such damages.

5. User Responsibilities Summary.

This clause outlines the specific obligations and expectations that users must adhere to when utilizing "The CareTracker" app.

a. Accurate Data Entry: Users are responsible for accurately and completely logging, tracking, and updating any time spent providing care or services using "The Care Tracker" app's time

tracking features. It is essential to maintain the integrity of the data entered within the app.

b. Security Measures: Users are responsible for taking all necessary precautions to ensure the security and confidentiality of their login credentials and personal information associated with their "The CareTracker" accounts. This includes regularly updating passwords, using strong and unique passwords, and refraining from sharing login information with unauthorized individuals.

c. Compliance with Terms and Regulations: Users are expected to comply with these Terms and Conditions, as well as all applicable laws and regulations related to the use of the app and the handling of health-related information. Any violation of these terms may result in the termination or suspension of the user's account.

c. Respect for Privacy: Caregivers are responsible for respecting the privacy and confidentiality of the health data of The Cared for they manage within the app. Users must not access or share any The Cared for information beyond what is necessary for their role within the app.

d. Notification of Security Breaches: Users are encouraged to promptly report any suspected security breaches, unauthorized access, or potential misuse of the app to the designated support team. Prompt reporting of such incidents helps in ensuring the timely resolution of security issues and the protection of user Data.

e. Accurate Information: Users must ensure that the health-related information they input into the app is accurate, complete, and up-to-date. Providing misleading or false information may compromise the functionality of the app and the quality of care provided to The Cared for.

6. Termination Summary.

This "Termination" clause outlines the procedures and conditions for terminating a user's account on "The CareTracker." It provides clear and fair guidelines for termination, ensuring that both users and the app operator understand the termination process.

a. Termination by User: Users may terminate their account and discontinue their use of "The CareTracker" at any time by following the designated account closure process provided within the app. Upon termination, users will no longer have access to their account, and their Data will be subject to the retention and deletion policies outlined in the app's Privacy Policy.

b. Termination by the App: The CareTracker reserves the right to terminate or suspend a user's account, at its sole discretion, for any reason, including but not limited to a breach of these Terms and Conditions or misuse of the app. In such cases, the user will be notified of the termination or suspension, and the user's access to the app will be revoked.

c. Effect of Termination: Upon account termination, all access to "The CareTracker" will cease, and any Data associated with the terminated account may be deleted in accordance with the app's retention and deletion policies. Termination does not affect any rights and obligations that, by their nature, should survive termination, including but not limited to clauses related to intellectual property, limitations of liability, and dispute resolution.

7. Intellectual Property Summary.

This "Intellectual Property" clause outlines ownership and usage rights concerning the app and its associated intellectual property. It serves several key purposes:

a. Ownership: "The CareTracker" and all associated content, features, functionalities, and technology are owned and operated by The CareTracker app and its licensors, and are protected by intellectual property laws, including but not limited to copyright, trademark, and patent laws.

b. License: Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use "The CareTracker" solely for personal and non-commercial purposes, subject to compliance with these Terms and Conditions.

c. Restrictions: Users may not modify, reproduce, distribute, or create derivative works from the app or its content without the express written consent of The CareTracker. This license does not grant users any rights to use trademarks, logos, or other proprietary branding of the app without separate written authorization.

d. User-Generated Content: By submitting, posting, or sharing user-generated content within the app, users grant The CareTracker app a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, display, modify, adapt, and distribute that content within the app, as necessary for its intended purpose.

e. Feedback: Users may provide feedback, suggestions, or ideas to improve the app. By doing so, users grant The CareTracker app the right to use and implement this feedback without compensation and without any obligation of confidentiality.

f. Enforcement: The CareTracker app reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including pursuing legal action against any unauthorized use, reproduction, or distribution of the app's intellectual property.

8. Data Security Summary.

This "Data Security" clause emphasizes the importance of data protection and security within the app.

a. Security Measures: "The CareTracker" is committed to implementing and maintaining robust security measures to protect user Data. We employ industry-standard encryption, access controls, and security protocols to safeguard the confidentiality, integrity, and availability of user information.

b. User Responsibility: Users are encouraged to take proactive steps to protect their accounts, including the use of strong, unique passwords and ensuring the security of their login credentials. Users must also promptly report any suspected security breaches or unauthorized access.

c. Data Breaches: In the event of a data breach or unauthorized access that compromises the security of user Data, The CareTracker will take prompt and appropriate action to address the breach, investigate its causes, and notify affected users in accordance with applicable laws and regulations.

d. Third-Party Services: Users should be aware that "The CareTracker" may integrate with or link to third-party services or applications. While we exercise diligence in selecting and partnering with third parties, we are not responsible for the security or privacy practices of these external services. Users should review the terms and privacy policies of third-party services they access through the app.

9. Updates and Changes Summary.

This "Updates and Changes" clause is essential for keeping users informed about changes to the app's terms and conditions.

a. Notification of Changes: "The CareTracker" may, at its sole discretion, update, modify, or revise these Terms and Conditions as well as the app's features, functions, or services. We will make reasonable efforts to notify users of material changes via email or through prominent notifications within the app. Your continued use of the app after such changes signifies your acceptance of the updated Terms and Conditions.

b. User Responsibility: It is the user's responsibility to regularly review these Terms to stay informed of any updates or modifications. "The CareTracker" encourages users to periodically check for updates to ensure compliance with the latest terms and conditions.

c. Rejecting Changes: If a user disagrees with any changes to these Terms, they have the option to discontinue using the app. Continued use of "The CareTracker" after changes are implemented constitutes acceptance of the updated terms.

d. Effective Date: The effective date of these Terms and Conditions is indicated at the beginning of the document. The effective date for any updated terms will be clearly stated in the notice of changes.

10. User Termination Summary.

This "User Termination" clause outlines the circumstances under which the app operator may terminate or suspend user accounts.

a. Inactivity: "The CareTracker" may, at its discretion, terminate or suspend user accounts due to prolonged periods of inactivity, which may be defined by the app operator. Users will receive a notification before such termination or suspension occurs, providing an opportunity to reactivate their accounts.

b. Breach of Terms: User accounts may be terminated or suspended in cases of a breach of these Terms and Conditions or misuse of the app. The CareTracker will provide notice of such termination, outlining the reasons for the action.

c. Effect of Termination: Upon account termination, whether due to inactivity, breach of terms, or any other reason, all access to "The CareTracker" will cease, and any Data associated with the terminated account may be deleted in accordance with the app's retention and deletion policies. Termination does not affect any rights and obligations that, by their nature, should survive termination, including but not limited to clauses related to intellectual property, limitations of liability, and dispute resolution.

11. Dispute Resolution Summary.

This "Dispute Resolution" clause outlines the procedures for resolving disputes between users and the app operator.

a. Good Faith Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the app, or the use of the app, we encourage users to first attempt to resolve the matter through good faith negotiation and communication.

b. Mediation: If a dispute cannot be resolved through negotiation within a reasonable timeframe, both parties agree to submit to mediation as a non-binding form of dispute resolution. The mediation process will be conducted by a mutually agreed-upon mediator, or if no agreement can be reached, by a mediator appointed by the American Arbitration Association (AAA) or a similar recognized mediation service.

c. Arbitration: If mediation does not lead to a resolution, any dispute not otherwise resolved through negotiation shall be settled by binding arbitration. Arbitration will be conducted in accordance with the rules and procedures of the AAA or a similar recognized arbitration service. The arbitrator's decision shall be final and binding on both parties and may be enforced in a court of competent jurisdiction.

d. Court Action: If mediation and arbitration fail to provide a resolution or if injunctive relief is required, both parties agree to submit to the jurisdiction of the state and federal courts located within the [Jurisdiction] and agree that all disputes shall be resolved exclusively by those courts.

e. Attorney's Fees: In any dispute, the prevailing party may be entitled to recover its reasonable attorney's fees and costs.

12. Disclaimer of Warranties Summary.

This "Disclaimer of Warranties" clause outlines the limitations of warranties provided by the app operator.

a. As-Is Basis: "The CareTracker" is provided on an "as-is" and "as-available" basis. The CareTracker makes no warranties or representations, express or implied, regarding the app, its content, or its availability. To the fullest extent permitted by law, The CareTracker disclaims all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. No Medical Advice: The CareTracker makes no warranties or representations regarding the accuracy, reliability, or completeness of any health-related information or content provided within the app. "The CareTracker" does not offer medical advice, diagnoses, or treatment recommendations, and users should consult qualified healthcare professionals for such guidance.

c. No Endorsement: The inclusion of links or references to third-party services or products within the app does not constitute an endorsement or warranty of those services or products. Users are encouraged to review third-party terms and conditions and make independent judgments regarding their use.

d. User Responsibility: Users are responsible for their use of the app, including the accuracy and legality of the health-related information they input. The app is a tool for data management and does not warrant the effectiveness or outcomes of any medical treatment or decisions.

13. Indemnification Summary.

This "Indemnification" clause outlines the responsibilities and procedures for indemnifying the app operator.

a. User Indemnification: You agree to indemnify and hold harmless The CareTracker, its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorney's fees, arising out of or in connection with your use of "The CareTracker," your breach of these Terms and Conditions, your violation of any applicable laws or regulations, or your infringement of any third-party rights.

b. Notice and Defense: The CareTracker will promptly notify you of any claims or actions that may give rise to your obligation to indemnify. You shall have the opportunity to assume the defense of such claims with counsel of your choice, subject to the consent of The CareTracker which shall not be unreasonably withheld.

c. Defense and Settlement: If you assume the defense of a claim, The CareTracker reserves the right to participate in the defense at its expense. You may not settle any claim without the prior written consent of The CareTracker, which shall not be unreasonably withheld.

14. Limitation of Damages Summary.

This "Limitation of Damages" clause outlines the extent of liability and the limitations on damages associated with the use of the app.

a. Consequential Damages: In no event shall The CareTracker its affiliates, officers, directors, employees, agents, or partners be liable for any consequential, incidental, indirect, special, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with the use or inability to use "The CareTracker."

b. Direct Damages: The CareTracker total liability for any claim arising out of or in connection with the app, whether in contract, warranty, tort, or any other legal theory, shall be limited to the amount paid by you, if any, for access to the app during the twelve months preceding the claim.

c. No Liability for Medical Outcomes: The CareTracker shall not be liable for any medical outcomes, decisions, or treatments resulting from the use of the app. Users are encouraged to consult qualified healthcare professionals for medical advice and care.

15. Modifications to the Terms Summary.

This "Modifications to the Terms" clause outlines the procedures and user responsibilities related to changes in the terms and conditions of the app.

a. Right to Modify: The CareTracker reserves the right to modify, amend, or update these Terms and Conditions at any time, at its sole discretion. Changes may be made for various reasons, including legal, regulatory, or operational considerations.

b. Notification of Changes: When changes are made to these Terms, we will make reasonable efforts to notify users through email or prominent notifications within the app. The effective date of the updated terms will be clearly indicated.

c. Review of Updated Terms: Users are encouraged to review the updated terms to stay informed of any modifications. Your continued use of "The CareTracker" after the effective date of the updated terms signifies your acceptance of the revised Terms and Conditions.

d. Disagreement with Changes: If you do not agree with any changes to these Terms and Conditions, your option is to discontinue using the app. By continuing to use the app after changes are implemented, you acknowledge and accept the updated terms.

16. Contact Information Summary.

This clause provides users with essential contact information for communicating with The CareTracker. By using The CareTracker app, users acknowledge and agree to the contact information provided in this clause for various types of communication, including support, feedback, and legal notices. Support and Communication: For inquiries, support, or communication regarding The CareTracker app or these Terms of Service, users can contact us via email at info@TheCareTracker.com

Feedback and Suggestions: We welcome user feedback and suggestions for app improvement. Users can provide feedback through the app or by contacting our support team via email.

Legal Notices: Legal notices, including those related to disputes, should be sent using the contact form page on The CareTracker app's website. Legal notices sent through other means may not be considered valid.

Response Time: While we strive to respond to user inquiries and support requests promptly, response times may vary depending on the nature and volume of requests. Users are encouraged to provide detailed information when contacting us for more efficient assistance.