Terms of Use

Welcome to CareDash Pro (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and CareDash Pro ("Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

1. Acceptance of this Agreement

Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements

To use the Website or any other Services, you must be:

• At least 18 years old
• A resident of the United States
• Not a competitor of or using the Services for purposes that are competitive with the Company

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

2. Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

3. Access to the Services

Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy.

Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information.

• Ensure that you exit from your account at the end of each session
• Use extra caution when accessing your account from a public or shared computer
• Do not transfer your account to anyone else without our prior written permission
• Notify the Company immediately of any actual or suspected unauthorized use of your account

The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

4. Policy for Using the Services

Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes related to care home management.

Prohibited Activities

You further agree not to engage in any of the following prohibited activities:

• No Violation of Laws: Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
• No Unsolicited Communications: Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications.
• No Impersonation: Impersonate others or otherwise misrepresent your affiliation with a person or entity.
• No Harming of Minors: Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
• No Interference: Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
• No Disabling of Services: Use any device, software, or routine that interferes with the proper working of the Services.
• No Unauthorized Copying: Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes.
• No Viruses: Upload, transmit, or distribute any viruses, Trojan horses, worms, logic bombs, or other malicious materials.
• No Unauthorized Access: Violate the security of the Services or attempt to gain unauthorized access.
• No Reverse Engineering: Reverse engineer, decompile, or otherwise attempt to obtain the source code of the Services.
• No Collecting User Data: Collect, harvest, or assemble any data regarding any other user without their consent.

5. Terms and Conditions of Sale

Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process:

• By clicking on the checkout button, users open the third-party merchant checkout section
• Users must specify their contact details and payment method of choice
• After providing all required information, users must confirm and submit the order
• Submission creates an obligation to pay the agreed-upon price

Prices

You are informed during the purchasing process and before order submission about any fees, taxes, and costs that will be charged.

Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

6. Contract Duration

Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Automatic Renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified on the Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination of Subscriptions

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or by using the corresponding controls inside the Website. If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.

7. Intellectual Property Rights

Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

• No Copying or Distribution without express permission
• No Modifications or derivative works
• No Exploitation, selling, licensing, or sublicensing the Content
• No Altering of copyright, trademark, or proprietary notices
• No use of the Content to build a similar or competitive product

8. User Content

User Generated Content

The Services may contain features that allow users to post, upload, submit, publish, display, or transmit content or materials ("User Content"). You are solely responsible for your User Content. All User Content must comply with the Content Standards set forth below.

Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content.

License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content in connection with the Services and the Company's business.

Content Standards

User Content must not:

• Violate any applicable laws, regulations, or contractual obligations
• Promote illegal activity or harm to others
• Infringe any intellectual property rights
• Contain defamatory, abusive, or otherwise objectionable material
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Contain fraudulent information or impersonation
• Falsely represent endorsement by the Company

9. Copyright Infringement (DMCA Policy)

The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company's policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights.

If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act:

• A physical or electronic signature of the copyright owner or authorized person
• A description of the copyrighted work that you allege has been infringed
• A description of where the infringing material is located
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement, made under penalty of perjury, that the information is accurate

10. Feedback to the Company

If you provide the Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback in any manner it deems appropriate. The Company will treat any Feedback that you provide as non-confidential and non-proprietary.

11. Assumption of Risk

The information presented on or through the Services is made available for general information and care home management purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk.

Important: CareDash Pro is a management and compliance tracking tool. It is not a substitute for professional legal, medical, or regulatory advice. You are responsible for ensuring compliance with all applicable regulations governing your care facilities.

12. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

13. Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease.

The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.

Effect of Termination

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. You understand that any termination of your access may involve deletion of your User Content from our databases.

14. No Warranty

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

15. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to your breach of this Agreement or your use or misuse of the Services.

17. Disputes

Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any conflict of law principles.

Dispute Resolution

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Arizona. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum.

At the Company's sole discretion, it may require any dispute to be submitted to and decided by binding arbitration under the rules of the American Arbitration Association. All arbitrations shall proceed on an individual basis.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

18. Miscellaneous

Waiver

No failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

Entire Agreement

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.

19. Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

• Email: legal@caredashpro.com
• Support: support@caredashpro.com