The Fine Print

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE CARESPONDENCE WEBSITE OR MOBILE APP.

These Terms of Use and End-User License Agreement (collectively, "Terms") form a legal agreement between MyCareUpdate LLC, dba Carespondence ("MyCareUpdate," "we," "us," or "our") and you, the individual ("you" and "your") concerning your access to and use of (a) the website located at carespondence.com (the "Website") and (b) the Carespondence mobile application (the "App"), together with any related content, functionality, and services offered on or through them (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 16 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND MYCAREUPDATE THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER DETAILED IN SECTION 16.

1. Services

MyCareUpdate operates Carespondence, a daily care tracking platform that enables caregivers to document, organize, and share care activities for individuals in their care. Carespondence provides tools and features to facilitate care documentation, including but not limited to care recipient profile creation, care session logging, report generation, document management, and care timeline visualization.

Carespondence is a care documentation tool designed to assist caregivers in maintaining records of care activities. Carespondence is not a medical device, does not provide medical advice or clinical recommendations, and is not a substitute for professional medical judgment. Information entered into or generated by the Services is for personal recordkeeping and informational purposes only and should not be relied upon for medical diagnosis, treatment, or clinical decision-making. You should always consult qualified health care professionals regarding any medical questions or health care decisions.

MyCareUpdate is not a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the Services are not designed or intended to be used as a repository for protected health information ("PHI") as defined under HIPAA. If you are a covered entity or business associate under HIPAA, you should not use the Services to store or transmit PHI. MyCareUpdate does not enter into business associate agreements with users, and any submission of PHI through the Services is at your sole risk.

If you are a professional caregiver (including, without limitation, a licensed home health aide, certified nursing assistant, registered nurse, or other licensed healthcare professional), your use of the Services does not modify, replace, or satisfy any obligations imposed on you by your employer, licensing or certification body, applicable professional standards and regulations, or state or federal law governing professional caregiving practice, including any obligations relating to the privacy, confidentiality, or security of patient or client information, which may include obligations under the California Confidentiality of Medical Information Act (CMIA), the Health Insurance Portability and Accountability Act (HIPAA), or other applicable federal or state law. You are solely responsible for ensuring that your use of the Services complies with all such obligations, and your use of the Services in a professional capacity is entirely at your own risk. MyCareUpdate makes no representation that the Services are suitable for use in any professional caregiving context or that use of the Services satisfies any professional, regulatory, or employer-mandated recordkeeping or legal requirement. If you are uncertain whether your use of the Services complies with your professional obligations, consult your employer, legal counsel, or applicable regulatory body before using the Services in a professional capacity.

1.1. Care Recipient Profiles and Care Documentation

1.1.1. Care Recipient Profiles

The Services allow you to create profiles for

individuals in your care (each, a "Care

Recipient"). You may include information

such as the Care Recipient's name,

photograph, and other relevant

details. By creating a Care Recipient profile

and entering any information about a Care

Recipient into the Services, you affirmatively

represent, warrant, and consent that: (a) you

have the legal authority, appropriate

authorization, or express consent of the

Care Recipient (or their legal guardian, if

applicable) to collect the Care Recipient's

personal and health-related information

and to enter it into the Services; (b) your

collection and use of the Care Recipient's

information through the Services complies

with all applicable laws and regulations;

and (c) you are authorized to use the

Services on behalf of or in connection with

the Care Recipient.

Care Recipients may include individuals of

any age, including minors. By entering

information about a minor Care Recipient,

you represent and warrant that you are the

parent, legal guardian, or authorized

caregiver of such minor and have the legal

authority to provide their information

through the Services. MyCareUpdate does

not knowingly collect personal information

directly from children under the age of 13. If

you believe that information about a child

under the age of 13 has been submitted

without appropriate authorization, please

contact us at hello@carespondence.com so

that we may take appropriate action.

1.1.2. Care Session Logging and

Reports

During a care session, you may log

various care activities, including but

not limited to feeding, bathing,

dressing, toileting, mobility

assistance, meals, vitals, cognitive

and mental status observations, pain

assessments, medication

administration, transportation, social

activities, and other tasks. You may

also add notes, photographs, and

upload documents and medical

paperwork related to the Care

Recipient's care. At the of a care

session, the Services automatically

generate a care report summarizing

the logged activities. Every update

automatically appears in a visual

timeline, providing a clear record of

care throughout the day. You may

share care reports with others via text

message or email using the sharing

features within the Services. By

sharing a care report, you represent

and warrant that the recipient is

authorized to receive the Care

Recipient's personal and health-

related information contained in such

report, and that sharing such

information with the recipient

complies with all applicable laws and

any consent obligations you have to

the Care Recipient.

1.1.3. Customizable Menu

You may customize the care task menu

within the Services, including the ability

to hide and unhide task categories to

display only those tasks relevant to your

caregiving needs.

1.1.4. Medication Logging

The Services include a Medication Logging

feature that allows you to log medications

administered to a Care Recipient. As you

begin typing a medication name, the

Services will display suggested medications

from a list of common medications, along

with commonly associated dosages and

treatment categories, to assist with data

entry. You remain responsible for selecting

the correct medication and entering the

accurate dosage and route of

administration for each entry. Suggested

medication information provided by the

Services is for convenience only and does

not constitute medical advice. You are

solely responsible for verifying the accuracy

of all medication information entered into

the Services.

1.1.5. Accuracy of Information

You are solely responsible for the accuracy,

completeness, and appropriateness of all

information you enter into the Services,

including Care Recipient profiles, care

session logs, medication records, and any

uploaded documents. MyCareUpdate does

not verify, validate, or guarantee the

accuracy of any information entered by

users. Any reports generated by the

Services are based solely on the

information you provide.

1.1.6. Shared Caregiver Access

The Services may allow you to invite

another individual to access and contribute

to a Care Recipient's profile as an additional

caregiver ("Shared Caregiver") by sending

an invite code or similar invitation through

the Services. By sending such an invitation,

you represent and warrant that: (a) you have

the legal authority or appropriate consent to

grant another individual access to the Care

Recipient's profile and personal information;

(b) the individual you are inviting is

authorized to receive and access the Care

Recipient's personal and health-related

information; and (c) sharing access with the

invited individual complies with all

applicable laws and any consent

obligations you have to the Care Recipient.

You are responsible for all actions taken by

any Shared Caregiver you invite, including

any information they enter into the Services

in connection with the Care Recipient's

profile. MyCareUpdate is not responsible for

unauthorized access to a Care Recipient's

profile resulting from your sharing of an

invite code with an unauthorized individual.

You may revoke a Shared Caregiver's

access at any time through your account

settings.

1.1.7. Reminders and Notifications

The Services include a reminder feature

that allows you to set reminders for care

tasks, including medication administration

(“Reminders”). Reminders are delivered as

push notifications to your mobile device.

You acknowledge and agree that: (a) the

delivery of Reminders depends on factors

outside MyCareUpdate’s control, including

your device settings, operating system

notification permissions, network

connectivity, device battery status, and the

availability of third-party notification

services; (b) MyCareUpdate does not

guarantee the timely or successful delivery

of any Reminder or push notification; (c) you

must not rely solely on the Reminder

feature for any safety-critical task, including

the timely administration of medication; and

(d) you are solely responsible for ensuring

that medications and other care tasks are

performed on schedule, regardless of

whether a Reminder notification is received.

The Reminder feature is provided as a

convenience tool only and is not a

substitute for independent verification of

care task schedules.

2. Personal Information and Privacy Notice

You furnish information to MyCareUpdate in connection with creating your account and using the Services, including your name, email address, and other personal details, as well as information about Care Recipients. All personal information is collected, used, and disclosed in accordance with our Privacy Notice, which may be viewed at Carespondence.com/privacy. Please review the Privacy Notice for details regarding the collection, processing, retention, and disclosure of your personal information, including any health-related information you may provide through the Services.

Care documentation, including notes, photographs, uploaded documents, and medical paperwork you submit through the Services, may contain sensitive personal or health-related information about Care Recipients. MyCareUpdate maintains and protects the confidentiality of such information in accordance with applicable law and our Privacy Notice, and does not disclose it to any third party without appropriate authorization, except as required or permitted by law or as described in our Privacy Notice. You are responsible for ensuring that you have all necessary rights, consents, and authorizations to submit such information through the Services.

3. Eligibility and Age Requirements

The Services are intended for individuals age 18 and older. Do not use the Services if you are under 18. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Accounts and Registration

To use the Services, you must create an account by providing accurate, current, and complete information, including a username and password. You agree to promptly update your account information as needed to keep it accurate and complete. You are responsible for safeguarding your login credentials and for all activities that occur under your account. You agree to promptly inform MyCareUpdate of any unauthorized use of your username, password, or any other security breach related to the Website or App by contacting MyCareUpdate via email at hello@carespondence.com.

MyCareUpdate may suspend or disable accounts it reasonably suspects that contain inaccurate information, are fraudulent, or are compromised, and may investigate suspected violations and cooperate with law enforcement. Under no circumstances may you utilize someone else's account.

5. Subscription Terms and Payment

5.1.   Free Trial

MyCareUpdate may offer a free trial period of

seven (7) days for new users. BEFORE YOUR

FREE TRIAL ENDS, YOUR ACCOUNT WILL

AUTOMATICALLY CONVERT TO A PAID

MONTHLY SUBSCRIPTION AND YOUR

PAYMENT METHOD WILL BE CHARGED THE

THEN-CURRENT SUBSCRIPTION FEE

UNLESS YOU CANCEL BEFORE THE TRIAL

PERIOD EXPIRES. You will be notified of the

applicable subscription fee, billing date, and

cancellation instructions before the trial

converts to a paid subscription, in compliance

with the California Automatic Renewal Law

(Cal. Bus. & Prof. Code §§ 17600 -17606). By

starting a free trial, you affirmatively

acknowledge and consent to these automatic

renewal terms.

5.2. Monthly Subscription; Auto-

Renewal Terms

Following the free trial (or upon initial

enrollment if no trial is offered), the Services

are available on a monthly subscription basis

at the then-current subscription fee. YOUR

SUBSCRIPTION WILL AUTOMATICALLY

RENEW EACH MONTH AT THE END OF YOUR

CURRENT BILLING PERIOD UNLESS YOU

CANCEL BEFORE THE RENEWAL DATE. The

monthly subscription fee and renewal date will

be disclosed to you before your subscription

begins and will appear in your account

settings. You authorize MyCareUpdate to

charge recurring monthly fees to your

selected payment method until you cancel.

MyCareUpdate will provide advance notice of

any change in subscription fees before such

change takes effect, and you will have the

opportunity to cancel before the new fee

applies. These automatic renewal terms are

provided in compliance with the California

Automatic Renewal Law (Cal. Bus. & Prof. Code

§§ 17600 -17606) and the FTC's Negative

Option Rule (16 C.F.R. Part 425).

5.3.  Changes to Fees

MyCareUpdate reserves the right to change

subscription fees. Any fee change will be

communicated to you via email at the email

address associated with your account and

through a notice posted on the Website at

least thirty (30) days before the change takes

effect. Any fee change will become effective at

the start of your next renewal period following

the notice period. If you do not wish to accept

the new fee, you must cancel your

subscription before the fee change takes

effect. Your continued use of the Services after

a fee change takes effect constitutes your

acceptance of the new fee.

5.4.  Cancellation

You may cancel your subscription at any time

through your account settings or by contacting

us at hello@carespondence.com. In

compliance with the FTC's Negative Option

Rule (16 C.F.R. Part 425), cancellation is

available through the same online mechanism

used to sign up for the Services. Cancellation

will take effect at the end of your current

billing period, and you will retain access to the

Services through that date. No refunds will be

provided for partial billing periods. Upon

cancellation, you will receive a confirmation of

your cancellation via email. If you are a

California resident and believe you were

charged in violation of the California Automatic

Renewal Law, you may be entitled to a full

refund of all charges.

5.5.  Payment Processing

MyCareUpdate may use third-party payment

processors to process payments. By

submitting your payment information, you

authorize us and our payment processor to

charge the designated payment method for

the total amount of your subscription,

including any applicable taxes and fees. Your

use of the payment processing services is

subject to the terms and conditions and

privacy policies of the applicable third-party

payment processor. We are not responsible for

any errors, delays, or security breaches related

to the processing of your payment. We do not

store your full payment information on our

servers, and your payment details are

encrypted.

5.6.  Additional Features

MyCareUpdate reserves the right to introduce

additional features, premium tiers, add-on

services, or in-app purchases in the future

(collectively, "Premium Features"). Premium

Features may be subject to additional fees and

supplemental terms, which will be disclosed

to you before purchase. Your purchase of any

Premium Features constitutes your agreement

to the applicable fees and supplemental

terms. Nothing in these Terms obligates

MyCareUpdate to offer any particular features

or functionality, and MyCareUpdate may

modify, discontinue, or replace any features of

the Services at any time.

6.  Proprietary Rights and Licenses

The Website, App, and Services and their entire contents, features, and functionality, including but not limited to software, text, displays, graphics, images, and other materials generated by or within the Website, App, and Services (collectively, "Content"), are owned and copyrighted by MyCareUpdate or lawfully obtained from MyCareUpdate's providers and licensors. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, service marks, and logos in the Website, App, and Services and the Content are owned by MyCareUpdate or its licensors or providers. Neither these Terms, nor your access to or use of the Website, App, and Services, transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, and MyCareUpdate and its licensors and providers reserve all rights not expressly

granted to you in these Terms.

The trademarks, service marks, and logos ("Marks") used in the Website, App, and Services are owned by MyCareUpdate or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Mark without the prior written consent of MyCareUpdate or the owner of the Mark. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website and/or App.

Subject to your compliance with the Terms and all restrictions therein, MyCareUpdate grants you

only a limited, non-transferable, non-exclusive, and revocable license to access and use the

Website, App, and Services solely for your personal, non-commercial use.

6.1.   Mobile App License and App

Terms (EULA)

Subject to your compliance with these Terms,

MyCareUpdate grants you a limited, non-

exclusive, non-transferable, non-

sublicensable, revocable license to download,

install, and use the App, in executable form

only, on a mobile device that you own or

control solely for your personal, non-

commercial use in connection with the

Services. All rights not expressly granted are

reserved.

MyCareUpdate reserves the right, at any time

and in its sole discretion, to add, modify,

update, or remove features, functions, or

functionality of the App. We may from time to

time develop patches, bug fixes, updates,

upgrades, or other modifications to improve

the App. You agree to promptly install all

updates when prompted and acknowledge

that the App or portions thereof may not

operate properly should you fail to do so.

These Terms apply to all updates, upgrades,

and new versions of the App unless

accompanied by different terms.

The App may include open source

components and third-party software. Your

use of such components is subject to the

applicable licenses, which may be provided

with the App or posted on our Website. Our

third-party licensors are third-party

beneficiaries of this Section and disclaim all

liability to the extent permitted by law.

You must comply with all applicable laws,

including U.S. export control and sanctions

laws. You represent that you are not located in

an embargoed country or on any U.S.

Government list of prohibited or restricted

parties.

6.1.1. Additional Terms from Platform

Providers. You acknowledge and

agree that:

a)  these Terms are concluded solely

between you and MyCareUpdate, not

with Apple Inc. or Google LLC

(collectively, the "Platform Providers");

b) MyCareUpdate, not the Platform

Providers, is solely responsible for the

App and its content and for addressing

any claims relating to the App or your

possession or use of it (including

product liability, failure to conform to

legal or regulatory requirements, and

consumer protection or privacy claims);

c) the Platform Providers have no

obligation to furnish maintenance or

support for the App;

d) to the extent any warranty exists that

cannot be disclaimed, MyCareUpdate -

not the Platform Providers - will be

responsible for such warranty;

e) to the extent required by law,

MyCareUpdate - not the Platform

Providers - will be responsible for

investigating, defending, settling, and

discharging any third-party intellectual

property infringement claims;

f) you represent and warrant that you

are not located in a country subject to a

U.S. Government embargo and are not

on any U.S. Government list of prohibited

or restricted parties; and

g) the Platform Providers and their

subsidiaries are third-party beneficiaries

of this Section and may enforce it

against you.

6.1.2. Device Permissions and

Features. The App may require access to

device features that you can enable or

disable in your device settings. The App

utilizes your mobile device's built-in

dictation software to facilitate text input for

care documentation; use of dictation is

subject to the terms and privacy policies of

your device's operating system provider

(e.g., Apple or Google). By installing the App,

you consent to receive in-App and push

notifications related to the Services; you can

manage notification preferences in your

device settings. Standard carrier data and

messaging rates may apply.

6.1.3. Termination of App License.

The App license terminates automatically if

you violate these Terms or if we discontinue

the App. Upon termination, you must cease

use of the App and delete all copies from

your devices.

7. Prohibited Uses

You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

a) Send or otherwise transmit to or

through the Website or App any

unlawful, infringing, harmful, harassing,

defamatory, threatening, hateful, or

otherwise objectionable material of any

kind, any material that can cause harm

or delay to the Website, App, or

computers of any kind, and any

unsolicited advertising, solicitation, or

promotional materials;

b) Misrepresent your identity or

affiliation in any way;

c) Restrict or inhibit any person from

using the Website or App, disclose

personal information obtained from the

Website or App, or collect information

about users of the Website or App;

d) Reverse engineer, disassemble, or

decompile any section or technology on

the Website or App, or attempt to do any

of the foregoing;

e) Gain unauthorized access to the App,

to other users' accounts, names,

personally identifiable information, or

other information, or to other computers

or websites connected or linked to the

Website or App;

f) Launch or use any automated system,

including without limitation "robots,"

"spiders," or "offline readers," that

accesses the Website or App in a

manner that sends more request

messages to our servers in a given

period of time than a human can

reasonably produce in the same period

by using a conventional web browser;

g) Send or otherwise transmit to or

through the Website or App chain

letters, unsolicited messages, so-called

"spamming" or "phishing" messages, or

messages marketing or advertising

goods and services;

h) Post, transmit, or otherwise make

available any virus, worm, spyware, or

any other computer code, file, or

program that may or is intended to

damage or hijack the operation of

any hardware, software, or

telecommunications equipment;

i)  Violate any applicable laws or

regulations in any way;

j) Alter or modify any part of the

Services;

k) Allow any other person to use the

Services with your registration or login

information;

l) Breach or otherwise circumvent

MyCareUpdate's security or

authentication measures;

m) Enter false, misleading, or fraudulent

information regarding any Care

Recipient or care activity;

n) Use the Services in any manner that

violates the privacy rights of any Care

Recipient or third party; and

o) Assist or permit any persons in

engaging in any of the activities

described above.

8. Your Submissions

You acknowledge that you, not MyCareUpdate, are responsible for all submissions you provide to the Website, App, and Services. Any information you transmit to MyCareUpdate through the Website, App, and Services, whether through direct input, submission, email, or other means, including data, queries, remarks, feedback, reviews, forum interactions, or proposals (collectively referred to as "Submissions"), will be regarded as non-confidential and non-proprietary to the extent permitted by applicable law.

Subject to any applicable account settings you select, you grant MyCareUpdate a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publicly perform, and publicly display your Submissions (in whole or in part) solely for the purpose of operating and providing the Website, App, and Services to you and our other users. You warrant that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. In addition, you agree that MyCareUpdate may use and analyze aggregated, de-identified data derived from Submissions and user interactions with the Services (which will not identify you or any Care Recipient personally) for the purpose of improving, developing, and enhancing the Services and MyCareUpdate's products and offerings.

For clarity, care documentation that you enter into the Services in connection with Care Recipient profiles and care sessions (including notes, photographs, and uploaded documents) is your content and is not treated as Submissions under this Section. Such content is governed by Section 2 (Personal Information and Privacy Notice) and our Privacy Notice.

9. Notice and Procedure for Making Claims of Copyright Infringement (DMCA)

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that content or material on our Website, App, or Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material removed or access to it blocked, you must provide notice to our Copyright Agent at:

MyCareUpdate LLC

Attention: Copyright Agent

MyCareUpdate LLC

8605 Santa Monica Blvd

PMB 905364

West Hollywood, California 90069-4109 US

TFN: 1-844-253-3722

Email: hello@carespondence.com

Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. It is MyCareUpdate's policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

10.  External Links

The Website and App may contain links to third-party websites and social media platforms, including but not limited to LinkedIn, YouTube, and Instagram (collectively, "Third-Party Sites"). The Website and App may also display embedded content from such platforms, such as videos or social media feeds, which may be hosted and operated by those third parties. Linked and embedded Third-Party Sites are provided for convenience only and are not under the control of MyCareUpdate, and MyCareUpdate is not responsible for the content, timeliness, accuracy, or availability of any Third-Party Site or embedded content. A link or embedded feature does not imply that MyCareUpdate endorses, sponsors, or is affiliated with the linked or embedded platform or its content. Your use of Third-Party Sites is at your own risk and subject to the terms of use, community guidelines, and privacy policies of those platforms; these Terms do not apply to Third-Party Sites. Please be aware that when you interact with social media links or embedded content - including by clicking through to a social media platform or viewing embedded media - those third-party platforms may independently collect information about you, including through cookies, tracking pixels, or similar technologies, in accordance with their own privacy policies. MyCareUpdate has no control over and is not responsible for any data collection, use, or disclosure practices of Third-Party Sites. We encourage you to review the privacy policies and terms of use of any Third-Party Sites you visit.

11.  Your Representations and Warranties

By registering on the Website and App, you represent and warrant the following:

a) You are at least eighteen (18) years of age;

b) You have the legal ability and authority to

enter into these Terms with MyCareUpdate;

c) The information you have provided to

MyCareUpdate in your registration is accurate

and complete;

d)  You will comply with any and all laws

applicable to your use of the Website, App,

and Services;

e) You will not interfere with a third party's use

and enjoyment of the Website, App, or

Services;

f) You will not interfere with or disrupt

MyCareUpdate's or its vendors' security

measures;

g) If any information you provide to

MyCareUpdate becomes inaccurate,

incomplete, or otherwise false or misleading,

you will immediately notify MyCareUpdate;

h) You have the legal authority or appropriate

consent to enter information regarding any

Care Recipient into the Services;

i) You will not enter any information into the

Services that you are not legally authorized to

provide; and

j) All care documentation, notes, photographs,

and documents you upload through the

Services are accurate and complete to the

best of your knowledge.

12.  Modifications to These Terms; Termination

The Website and App undergo continuous development, and MyCareUpdate retains the right to amend or eliminate any portion of these Terms at any time and in our sole discretion. Should these Terms change materially, MyCareUpdate will update the effective date noted above, post a notice regarding the updated Terms on the Website, and provide email notice to registered users at the email address associated with their account. Any modifications to these Terms take effect fourteen (14) days after being posted on the Website. Unless specified otherwise, any new content, services, or features incorporated into the Website or App are bound by these Terms upon their posting on the Website. Your continued use of the Website or App following the effective date of any such changes to these Terms signifies your acceptance of the modified Agreement.

MyCareUpdate may, in its sole discretion, terminate or suspend your access to the Services, or any portion thereof, at any time for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy MyCareUpdate may have available at law. Further, MyCareUpdate shall not be liable to you or any third party for any such termination or discontinuation. You may terminate these Terms by ceasing to access and use the Website, App, and Services, canceling your subscription, and, if applicable, deleting your user account. Upon any termination of these Terms, you must immediately cease use of the Website, App, and Services. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms.

13.  No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by MyCareUpdate. Any views expressed by third parties on the Website or App are solely the views of the third party, and MyCareUpdate assumes no responsibility for the accuracy or veracity of any statement made by a third party.

14.  No Warranties; Disclaimers

CONTENT AND INFORMATION PROVIDED ON THE WEBSITE, APP, AND SERVICES ARE OFFERED FOR CONVENIENCE PURPOSES ONLY. USERS WHO RELY ON SUCH CONTENT OR INFORMATION DO SO AT THEIR OWN DISCRETION AND ASSUME ALL ASSOCIATED RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APP, AND SERVICES ARE MADE AVAILABLE ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY USE OF OR ACCESS TO THE WEBSITE, APP, OR SERVICES IS ENTIRELY VOLUNTARY AND AT THE SOLE RISK OF THE USER.

MYCAREUPDATE, ALONG WITH ANY THIRD PARTIES OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE, APP, AND SERVICES, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY INFORMATION, CONTENT, SERVICES, OR OTHER MATERIALS PROVIDED ON OR THROUGH THE WEBSITE, APP, AND SERVICES.

MYCAREUPDATE MAKES NO WARRANTY OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, OR USEFULNESS OF THE WEBSITE, APP, AND SERVICES. FURTHERMORE, MYCAREUPDATE DOES NOT WARRANT THAT THE WEBSITE, APP, AND SERVICES WILL OPERATE WITHOUT DELAYS, INTERRUPTIONS, INTERFERENCE, IMPERFECTIONS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR ANY OTHER ADVERSE INCIDENTS.

MYCAREUPDATE DOES NOT WARRANT THAT AUTO-FILLED MEDICATION INFORMATION, CARE REPORTS, OR ANY OTHER OUTPUT OF THE SERVICES IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

MYCAREUPDATE DOES NOT WARRANT THE TIMELY OR SUCCESSFUL DELIVERY OF ANY REMINDER OR PUSH NOTIFICATION. REMINDERS AND NOTIFICATIONS MAY BE DELAYED, SUPPRESSED, OR UNDELIVERED DUE TO FACTORS OUTSIDE MYCAREUPDATE’S CONTROL, INCLUDING DEVICE SETTINGS, OPERATING SYSTEM RESTRICTIONS, NETWORK CONNECTIVITY, OR THIRD-PARTY NOTIFICATION SERVICES. YOU MUST NOT RELY SOLELY ON THE REMINDER FEATURE FOR ANY SAFETY-CRITICAL PURPOSE, INCLUDING THE TIMELY ADMINISTRATION OF MEDICATION.

MYCAREUPDATE MAY TEMPORARILY SUSPEND OR LIMIT ACCESS TO THE WEBSITE, APP, OR SERVICES FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, UPDATES, OR REPAIRS. WHERE PRACTICABLE, MYCAREUPDATE WILL ENDEAVOR TO PROVIDE ADVANCE NOTICE OF PLANNED MAINTENANCE THROUGH THE WEBSITE OR APP. MYCAREUPDATE SHALL NOT BE LIABLE FOR ANY INCONVENIENCE, LOSS OF ACCESS, OR DAMAGES ARISING FROM ANY SUCH MAINTENANCE OR TEMPORARY SUSPENSION OF THE SERVICES.

15.  Indemnification and Limitation of Liability

You agree to defend, indemnify, and hold harmless MyCareUpdate, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, and licensors from and against any and all claims, proceedings, actions or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), arising from or relating to, directly or indirectly, your (a) violation of these Terms; (b) access to or use of the Website, App, and Services; (c) your violation of applicable laws, regulations, or third-party rights; (d) the information you enter into the Services, including information regarding Care Recipients; and (e) your willful misconduct, fraud, or negligence. MyCareUpdate reserves the right to assume control over the defense of any claim for which we are entitled to indemnification, and you agree to cooperate with MyCareUpdate as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of MyCareUpdate.

IN NO EVENT SHALL MYCAREUPDATE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, OR SERVICES. THIS INCLUDES ANY INFORMATION OR CONTENT MADE ACCESSIBLE THROUGH THE WEBSITE, APP, OR ANY SERVICES RENDERED BY MYCAREUPDATE AND THIRD PARTIES, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THE EXTENT SUCH LAWS APPLY, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT FOR AMOUNTS RECOVERABLE UNDER NON-WAIVABLE STATUTES, THE TOTAL LIABILITY OF MYCAREUPDATE ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MYCAREUPDATE FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) $1,000.

ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE, APP, OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH CLAIM.

MyCareUpdate shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond MyCareUpdate's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The provisions of these Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.

16.  Mutual Dispute Resolution Using Binding Arbitration (Arbitration Agreement)

Should a dispute arise between you and MyCareUpdate, MyCareUpdate is committed to working with you to reach a reasonable resolution. You and MyCareUpdate agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and MyCareUpdate will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.

You and MyCareUpdate mutually agree that any claim, dispute, or controversy arising between you and MyCareUpdate, arising out of or relating to these Terms, the Services, any privacy notice, or any communications by MyCareUpdate or its affiliates (collectively, "Disputes"), which is not resolved through an informal dispute resolution conference, shall be resolved through confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than through litigation in court. This Arbitration Agreement, including its interpretation and enforcement, is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Except as to this Arbitration Agreement, California law applies as stated in Section 18. The seat of arbitration shall be Los Angeles County, California, but hearings may be conducted by video conference, telephone, or in person, at the arbitrator's discretion and considering your location. The arbitration will be governed by the AAA's Consumer Arbitration Rules then in effect. If the parties are unable to agree on an arbitrator, the AAA will appoint an arbitrator who meets the requirements of this section using a rank-and-strike process. By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein.

For the purposes of this Arbitration Agreement, "Dispute" also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms. The arbitrator shall give effect to statutes of limitation and the governing law set forth in these Terms in determining any claim, and any controversy concerning whether these Terms, an issue, or a dispute hereunder is arbitrable shall be determined by the arbitrator. The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator's decision. The decision of the arbitrator (or "the arbitration award") shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify these Terms or any applicable law in any respect, and may not grant any remedy or relief greater than that sought by the parties.

The confidentiality obligations of Section 17 (Confidentiality) apply to arbitration claims, defenses, and Dispute Materials. Any court filings to enforce, confirm, vacate, or modify an award will be accompanied by a request to seal or otherwise protect such filings to the maximum extent permitted by law. The opinion and arbitration hearing(s), proceeding(s), and filing(s) shall remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award.

The arbitrator shall be authorized to and shall permit the prevailing party to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party's reasonable costs and expenses of such claim, including reasonable attorneys' fees and the amounts paid or obligated to be paid toward arbitrator fees and the administrative costs of the arbitration to the extent permitted by applicable law and the AAA Consumer Arbitration Rules. Notwithstanding the foregoing, either party may seek provisional injunctive relief in court in aid of arbitration or to preserve the status quo. The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys' fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process.

YOU AGREE NOT TO BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THAT INDIVIDUAL'S CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.

Opt-Out: You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of these Terms mandating arbitration of disputes with MyCareUpdate. To opt out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration to: hello@carespondence.com ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may have with MyCareUpdate.

Notice of Dispute: Before initiating arbitration of a Dispute, you must provide MyCareUpdate with a written "Notice of Dispute" containing your name, residential address, email address associated with your account, a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, MyCareUpdate will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to MyCareUpdate should be sent to:

MyCareUpdate LLC

8605 Santa Monica Blvd

PMB 905364

West Hollywood, California 90069-4109 US

ATTN: Dispute Notice.

Severability: Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect. Nothing in this section shall be construed as limiting your rights under applicable consumer protection laws.

17.  Confidentiality

This Section 17 applies solely to Dispute Materials (as defined below) and does not govern the confidentiality of user data, care documentation, or personal information submitted through the Services, which is governed by our Privacy Notice and applicable law. The parties agree that all dispute-related communications and materials will be kept confidential. This includes, without limitation: any Notice of Dispute and responses; settlement or compromise communications; mediation communications; and, to the fullest extent permitted by law, arbitration filings, briefs, exhibits, discovery, hearings, transcripts, orders, and awards (collectively, "Dispute Materials").

Dispute Materials may be disclosed only: (i) to the parties, their counsel, insurers, experts, and advisors (including accountants and auditors) who have a need to know and are bound by confidentiality obligations at least as protective as this section; (ii) as required by law, regulation, subpoena, or court order; (iii) as reasonably necessary to enforce, confirm, vacate, or modify an arbitral award or judgment, provided that the parties will request sealing or other protections to the maximum extent permitted by law; or (iv) with the prior written consent of the other party.

Nothing in this section restricts a party's right to: (a) communicate with, file a charge or complaint with, or participate in an investigation or proceeding conducted by a government agency; (b) disclose underlying facts to the party's tax, accounting, or legal advisors; (c) make disclosures necessary to obtain injunctive or provisional relief in aid of arbitration; or (d) use or disclose a final judgment or arbitral award to the extent necessary for enforcement. This section does not limit any applicable privilege, protection, or rule (including settlement-communication privileges and rules of evidence such as Federal Rule of Evidence 408), and no waiver of privilege is intended. Personal information contained in Dispute Materials remains subject to our Privacy Notice and applicable law. This section survives termination of these Terms. For clarity, this Section 17 does not limit our obligations under the Privacy Notice or applicable law.

18.  Choice of Law and Jurisdiction

Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act, these Terms and any non-arbitrable disputes are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to the Arbitration Agreement, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

19.  Force Majeure

We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, weather, labor disputes, power outages, governmental actions, emergency directives, or third-party system failures. If a force majeure event prevents us from providing the Services, we may issue a refund or credit for fees paid for undelivered Services, determined in our discretion.

20.  Waiver

No delay or omission by MyCareUpdate in exercising any right or power under these Terms, or in objecting to any failure of a covenant by you, shall impair such right or power. It shall not be construed as a waiver of any future breach. Any waivers must be in writing and signed by an authorized representative of MyCareUpdate.

21.  Entire Agreement

These Terms represent the entire agreement between you and MyCareUpdate concerning access to and use of the Website, App, and Services. They supersede all previous agreements, negotiations, representations, and communications, whether oral or written.

22.  Electronic Documents

This electronic document, along with all other electronic documents referenced or incorporated herein, will be deemed a "writing" for all legal purposes and be legally enforceable as a signed agreement. Printed versions of these Terms and any notices delivered electronically shall be admissible in legal proceedings in the same manner as other business records originally generated in paper format.

23.  Electronic Communications

By creating an account and using the Services, you affirmatively consent to receive all communications, agreements, notices, disclosures, and other information from MyCareUpdate electronically, including by email and through postings on the Website or App (collectively, "Electronic Communications"). This consent covers all legally required communications, including those relating to your subscription, automatic renewal terms, fee changes, cancellation confirmations, and any material changes to these Terms or our Privacy Notice. Electronic Communications satisfy any legal requirement that such communications be made in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state law. You agree that MyCareUpdate may rely on the email address associated with your account as the valid address for delivery of Electronic Communications, and it is your responsibility to keep your email address current and accurate. You may withdraw your consent to receive Electronic Communications at any time by contacting us at hello@carespondence.com; however, withdrawal of consent may result in the termination of your account and access to the Services, as electronic delivery is integral to MyCareUpdate's ability to provide the Services. MyCareUpdate will not charge you any fees for the delivery of Electronic Communications. To receive Electronic Communications, you will need a device with internet access, a current web browser, and a valid email address.

24.  Assignment

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with MyCareUpdate's prior written consent. MyCareUpdate may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

25.  No Third-Party Beneficiaries

Except as expressly provided in this Agreement, including the indemnification responsibilities in favor of MyCareUpdate, the Platform Providers identified in Section 6.1, and the Arbitration Agreement, neither party intends to confer or establish rights equivalent to those of third-party beneficiaries upon any individual, subcontractor, or third party. Except as expressly outlined in this Agreement, no third party shall possess the right to enforce any provision or derive any benefit from this Agreement.

26.  Language

These Terms are written in English, and both parties waive any rights to use or rely upon any other language or translations.

27.  Accessibility

MyCareUpdate is committed to providing accessible services. If you need an accommodation to use the Services or access materials in an alternative format, please contact hello@carespondence.com.

28.  Contact / Notices

If you have any questions or need to send a notice to MyCareUpdate, please use the contact information below:

MyCareUpdate LLC

8605 Santa Monica Blvd

PMB 905364

West Hollywood, California 90069-4109 US

hello@carespondence.com

MyCareUpdate may also provide notices to you via the Website and/or App, and you agree that such postings constitute official notice, even if you do not view them directly.

29.  Notice to California Residents

Under California Civil Code § 1789.3, California residents are entitled to the following consumer rights notice: The Services are provided by MyCareUpdate LLC dba Carespondence, located at:

8605 Santa Monica Blvd

PMB 905364

West Hollywood, California 90069-4109 US.

The current price of the Services is disclosed during the subscription sign-up process and in your account settings. If you have a complaint regarding the Services or wish to request further information, please contact MyCareUpdate at hello@carespondence.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.