Handled with Care Terms of Service

Welcome to Handled with Care. These Terms of Service (“Terms”) govern your access to and use of the Handled with Care mobile application, web platform, and related services (collectively, the “Service”) operated by Handled with Care (“Handled with Care,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Acceptance of Terms

You must be at least 18 years old to create an account or use the Service. By using Handled with Care, you confirm that you have read, understood, and agree to these Terms.

2. Description of Service

Handled with Care is a consumer caregiving coordination platform designed to help families, friends, and care teams organize, communicate, and share information related to the care of a loved one.

Features may include:

• Shared calendars and appointments
• Tasks and caregiving routines
• Medication lists, schedules, and refill tracking
• Care notes and updates
• Care Recipient profiles
• Provider, pharmacy, insurance, and contact information
• Document storage and organizational tools
• Care Crew communication and private messaging
• Reminders and notifications
• Caregiving education, guides, and other support resources

Features may change, be added, or be discontinued over time. Handled with Care is intended to support caregiving organization and communication. It is not a substitute for professional medical care or emergency services.

3. Account Registration and Security

You are responsible for:

• Providing accurate and current account information
• Maintaining the confidentiality of your login credentials
• Keeping your account and devices secure
• Activities performed through your account
• Promptly notifying us if you believe your account has been accessed without authorization

You may not use another person’s account without permission. We may require identity or account verification when reasonably necessary to protect users, Care Recipients, or the Service.

4. Care Recipient Information and Authority

Handled with Care allows users to enter, store, and share information about an adult receiving care (the “Care Recipient”).

By creating or managing a Care Recipient profile or entering information about a Care Recipient, you represent that you are either (a) the Care Recipient, (b) a legally authorized representative of the Care Recipient with authority to act on the Care Recipient’s behalf, or (c) acting with the Care Recipient’s express, informed permission to submit and share the information you provide through the Service.

Care Recipient information may include personal information, health-related information, medications, photographs, documents, appointments, care notes, financial or insurance-related information, and other caregiving information.

You may not enter, upload, store, process, or share information about a Care Recipient unless you have the authority or permission described above. You should only share Care Recipient information with Care Crew members or other individuals who have a legitimate reason to access it.

If we receive a credible report or otherwise reasonably believe that Care Recipient information was submitted without appropriate authority or permission, we may restrict access, suspend or terminate the responsible account, and restrict or remove the affected profile or information while the matter is reviewed, subject to applicable law and our Privacy Policy.

5. Acceptable Use

You agree not to:

• Use the Service for unlawful, fraudulent, deceptive, or abusive purposes
• Access another user’s account or information without authorization
• Upload, enter, or share content you do not have the right or permission to use
• Upload harmful, threatening, abusive, discriminatory, infringing, or unlawful content
• Harass, threaten, exploit, or impersonate another person
• Use the Service to send spam or unsolicited communications
• Introduce viruses, malware, or other harmful code
• Attempt to bypass security, privacy, or access controls
• Interfere with or disrupt the Service or its infrastructure
• Reverse-engineer, decompile, or disassemble the Service except where permitted by law

6. User Content

You retain ownership of content you upload or create through Handled with Care, including photos, documents, notes, comments, messages, and other information (“User Content”).

By adding User Content to the Service, you grant us a limited, non-exclusive license to host, store, process, display, transmit, and otherwise use that content only as reasonably necessary to provide, secure, maintain, and support the Service, comply with law, and carry out the practices described in our Privacy Policy.

Content you choose to share may be visible to authorized Care Crew members or other users you designate. You are responsible for ensuring that you have the right and permission to upload and share the content you provide.

We may restrict or remove User Content that violates these Terms, infringes another person’s rights, creates a safety or security risk, or must be removed to comply with law.

7. Caregiving, Health, and Medical Information

Handled with Care is designed to help users organize and communicate caregiving information. The Service does not provide medical advice, diagnosis, treatment, or emergency medical services.

Information entered into the Service by caregivers, family members, healthcare professionals, or other users may be incomplete, outdated, or incorrect. Educational content and caregiving resources are provided for general informational purposes and should not be used as a substitute for individualized professional advice.

Always consult an appropriate healthcare professional regarding medical symptoms or concerns, medication changes, treatment decisions, diagnoses, or urgent health issues. Do not delay seeking professional medical care because of information contained in Handled with Care.

If you believe someone is experiencing a medical emergency, call 911 or the appropriate emergency service in your location.

8. Medication and Reminder Features

Medication lists, schedules, reminders, refill information, and related features are organizational tools only. Handled with Care does not guarantee that:

• A reminder or notification will always be delivered
• A reminder or notification will arrive at a particular time
• Medication information entered by a user is accurate or complete
• A medication schedule reflects current medical instructions

Users remain responsible for confirming medications, dosages, schedules, and instructions with the prescribing clinician, pharmacist, or other appropriate healthcare professional.

9. Notifications and Alerts

Handled with Care may send reminders, task notifications, appointment notices, account notices, and other alerts. Delivery may be affected by internet connectivity, device settings, battery-saving features, notification permissions, operating-system behavior, or third-party services.

Do not rely on Handled with Care as the sole method for communicating emergencies, urgent health information, or other time-critical matters.

10. Care Crews and Shared Care Information

Users may invite family members, friends, caregivers, or others to participate in a shared caregiving group, referred to as a “Care Crew.”

Information shared within a Care Crew may be visible to authorized Care Crew members based on the permissions and features available within the Service. Users are responsible for deciding whom they invite and what information they share.

Access may change when a Care Crew member is removed, leaves the Care Crew, or has permissions changed. Care Crew administrators or other authorized users may be able to manage membership and access as described within the Service.

11. Private Messages and Care Crew Removal

Private messages may be exchanged between users who are members of the same Care Crew.

If a member is removed from a Care Crew:

• The removed member loses access through the Service to prior private messages exchanged with members of that Care Crew.
• The removed member cannot send new private messages to Care Crew members, and Care Crew members cannot send new private messages to the removed member through that Care Crew.
• Remaining Care Crew members may continue to view their prior conversation history with the removed member as a read-only record.
• Where supported, a remaining member’s retained message history may also be included in that member’s data export.

Removal from a Care Crew does not automatically delete the remaining member’s copy of a private-message conversation.

Account deletion is different from Care Crew removal. When an account is deleted, private-message conversations involving that account are removed from both participants’ accessible message history, subject to limited retention described in Section 22 and the Privacy Policy.

We may retain limited copies where reasonably necessary for legal obligations, security, fraud prevention, backup integrity, dispute resolution, or other legitimate retention requirements. Retained copies are not available to a removed or deleted user through the Service unless required by law.

12. Subscriptions, Billing, and App Stores

Handled with Care may offer free and paid plans, subscriptions, trials, promotions, or one-time purchases. Pricing, features, billing periods, and any trial terms will be disclosed at or before purchase.

Paid subscriptions may renew automatically unless cancelled before the next billing period.

Caregiving can change quickly. A loved one may pass, move to a higher level of care, or the app may simply no longer be needed. You should not have to keep paying for something you no longer use.

If circumstances change and you no longer need Handled with Care, you can cancel at any time. For subscriptions purchased directly from Handled with Care, we will prorate your subscription through the date of cancellation and refund the unused portion.

Subscriptions purchased through the Apple App Store or Google Play are subject to the billing, renewal, cancellation, and refund policies of the applicable platform. You can manage eligible subscriptions through the platform or account through which the subscription was purchased.

Prices and available plans may change. Where required, we will provide notice before applicable pricing changes take effect.

13. Privacy and Consumer Health Information

Your use of Handled with Care is also governed by our Privacy Policy, which explains how we collect, use, store, protect, disclose, retain, and delete personal information and consumer health-related information.

Handled with Care is offered directly to consumers and is not intended to operate as a HIPAA-covered service or as a Business Associate on behalf of a HIPAA Covered Entity unless we expressly agree otherwise in a separate written agreement. The fact that health-related information may be stored in the Service does not, by itself, make Handled with Care subject to HIPAA. Other federal or state privacy, consumer-health-data, security, and breach-notification laws may apply.

Do not use the Service on behalf of a HIPAA Covered Entity or Business Associate to create, receive, maintain, or transmit Protected Health Information unless Handled with Care has expressly agreed in writing to that use.

A Care Recipient, or a legally authorized representative acting on the Care Recipient’s behalf, may request access to, correction or verification of, or deletion of personal or health-related information about the Care Recipient that is maintained through the Service, even if the Care Recipient does not have a Handled with Care account.

We may require reasonable steps to verify the identity and authority of the person making the request. After verification, we may provide access to, correct, restrict, or delete the relevant information as required or permitted by applicable law and as described in our Privacy Policy.

Privacy rights requests may be sent to privacy@genxcaregiver.care or through our privacy request page.

14. Security

We use reasonable administrative, technical, and organizational safeguards designed to protect information maintained through the Service. Our security practices may include access controls, encryption, logging, backups, software updates, vulnerability management, and other measures appropriate to the nature of the Service and information we maintain.

No method of electronic storage, transmission, or security is completely secure. We cannot guarantee that unauthorized access, disclosure, alteration, loss, or other security incidents will never occur. Users are responsible for protecting their credentials, securing their devices, using available account-security features, and promptly installing relevant software or operating-system updates.

If a security incident affects information for which notice is required by applicable law, we will provide notices and take other steps as required by that law.

15. Third-Party Services and Service Providers

Certain features may rely on third-party services or service providers, such as hosting providers, notification services, payment processors, app stores, analytics providers, calendar services, communication services, or other technology providers.

We are not responsible for the availability or operation of third-party services outside our control. Your use of certain third-party services may also be governed by their own terms and privacy policies. Information about service providers or subprocessors may be described in our Privacy Policy or other privacy disclosures.

16. Beta and Experimental Features

We may offer beta, preview, early-access, or experimental features. These features may be incomplete, contain errors, change without notice, or be discontinued. Unless otherwise required by law, beta and experimental features are provided on an “as is” and “as available” basis.

17. Feedback

If you voluntarily provide ideas, suggestions, comments, or other feedback about Handled with Care, you grant us permission to use that feedback without restriction or compensation to you, provided that we do not publicly identify you as the source without your permission.

18. Intellectual Property

Handled with Care, including its software, design, branding, graphics, features, text, and other content provided by us, is protected by intellectual property laws. Except for content you own, you may not copy, reproduce, modify, distribute, sell, license, or create derivative works from the Service without our permission, except where permitted by law.

19. App Store Terms and Device Requirements

If you download or purchase the Service through an app store, you must also comply with the applicable app-store terms. Handled with Care, not the app-store provider, is responsible for the Service except to the extent the app-store terms provide otherwise.

You are responsible for having compatible hardware, software, internet access, and device settings needed to use the Service. We do not guarantee compatibility with every device, operating-system version, carrier, browser, or third-party service.

20. Electronic Communications

By using the Service, you consent to receive account, legal, privacy, billing, security, and service-related communications electronically, including by email, in-app message, push notification, or other electronic method available through the Service. Where permitted by law, electronic communications satisfy requirements that notices be provided in writing.

21. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available.”

We do not guarantee that the Service will always be available, operate without interruption, be completely error-free, be secure at all times, meet every user’s individual caregiving needs, prevent the loss of all data, detect every missed task, medication, appointment, or caregiving concern, or ensure the accuracy or completeness of information entered by users.

Nothing in the Service should be interpreted as a guarantee of a particular caregiving, medical, health, financial, legal, or other outcome. Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

22. Account and Data Deletion

Users may request deletion of their account as provided within the Service. Account deletion is different from being removed from a Care Crew.

When an account is deleted, personal information associated with the account will be deleted, de-identified, or otherwise handled as described in our Privacy Policy, subject to legal and operational retention requirements.

Private-message conversations involving the deleted account are removed from both participants’ accessible message history. This does not necessarily require immediate deletion of limited backup, security, fraud-prevention, dispute-resolution, or legally required records.

Other information that forms part of shared caregiving records may remain available to authorized users when appropriate. For example, a care note, calendar entry, task, or other shared Care Crew record may need to remain so the caregiving record continues to make sense.

Deletion and retention may also be subject to legal obligations, security requirements, fraud prevention, backup and system-integrity requirements, dispute resolution, legitimate retention requirements, and information that forms part of records shared with other authorized users, where applicable. More information is provided in our Privacy Policy.

23. Suspension and Termination

We may limit, suspend, or terminate access to the Service when reasonably necessary, including for violations of these Terms, fraudulent activity, security threats, abuse of other users, illegal activity, unauthorized submission of another person’s information, or actions that could harm the Service, Care Recipients, or users.

You may stop using the Service or request account deletion at any time. Upon termination, your right to use the Service ends, but provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, user obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and retained records.

24. Limitation of Liability

To the maximum extent allowed by law, Handled with Care will not be responsible for indirect, incidental, special, consequential, exemplary, or punitive damages, or for losses such as profits, revenue, data, use, goodwill, or other intangible losses related to your use of the Service.

Our total liability for any claim related to these Terms or the Service will not exceed the greater of:

• $100, or
• the amount you paid to Handled with Care during the 12 months before the event that led to the claim.

These limits do not apply where the law does not allow liability to be limited or excluded, including liability for fraud, willful misconduct, gross negligence, or other claims that cannot legally be limited.

25. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Handled with Care and its officers, directors, employees, agents, and affiliates from claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising out of or related to (a) your submission, storage, processing, or sharing of Care Recipient information without the authority or permission required by these Terms; (b) your User Content; (c) your unlawful or abusive use of the Service; or (d) your material violation of these Terms or another person’s rights.

This section does not require you to indemnify Handled with Care for claims arising from our own unlawful conduct, gross negligence, or willful misconduct to the extent such a limitation is prohibited by applicable law.

26. Changes to the Service or These Terms

We may modify the Service or update these Terms from time to time. If changes are material, we may provide notice through the Service, by email, or through another reasonable method before or when the changes take effect.

Your continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms except where applicable law requires affirmative consent. Where required by law, we will request your agreement before the updated Terms apply to you.

27. Governing Law and Dispute Resolution

These Terms are governed by California law.

If a dispute is not required to go through arbitration, any lawsuit must be filed in a state or federal court located in San Diego County, California. By using Handled with Care, you agree that those courts may hear the dispute.

You and Handled with Care agree that most disputes related to these Terms or the app will be resolved through binding arbitration instead of in court, unless these Terms specifically say otherwise. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules.

Claims must be brought individually. Neither side may bring or participate in a class action, collective action, or representative case.

The arbitrator may not combine claims from different people unless both sides agree.

The arbitrator may award relief only to the individual person bringing the claim and only to the extent needed to resolve that person’s claim.

28. California Exception for Public Injunctive Relief

If you are a California consumer, nothing in these Terms takes away your right to seek public injunctive relief where California law allows it.

If a court determines that a claim for public injunctive relief cannot legally be required to go through arbitration, that specific claim will be handled in a state or federal court in San Diego County, California. Any remaining individual claims will continue through arbitration.

29. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This limitation period does not apply where prohibited by law, including claims arising under consumer-protection or privacy statutes that prescribe their own limitations periods.

30. General Terms

Severability

If any provision of these Terms is found unenforceable, it will be limited or modified to the minimum extent necessary, and the remaining provisions will remain in effect.

Entire Agreement

These Terms, the Privacy Policy, and any additional terms or disclosures that expressly apply to a feature or purchase constitute the agreement between you and Handled with Care regarding the Service, unless a separate written agreement signed by Handled with Care expressly states otherwise.

No Waiver

Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other lawful business transfer, subject to applicable law.

31. Contact Us

If you have questions about these Terms, privacy rights, or the Service, contact:

Handled with Care

Support: support@genxcaregiver.care

Privacy: privacy@genxcaregiver.care