Terms of Service

1. Terms. CareKate LLC, an Illinois Limited Liability Company (“CareKate”), provides a personal health record and communication service ("Service") for the purpose of letting user (“Client”) manage their health information electronically and communicate such information to family members and/or caregivers (“Authorized Members”). Client accepts these Terms and Conditions (“Terms”) by registering, using, creating an account, or paying for the Service. If you do not agree with these Terms, do not use this website or any other CareKate applications or platforms. No additional or different terms, conditions, or warranties, oral or written, other than those identified in our Privacy Policy, will be binding on CareKate. Client and CareKate may be referred to individually as “Party” or collectively as “Parties”.

2. Service. CareKate provides Client with an account created and populated by Client (“Account”) on the CareKate website, applications, or other CareKate platforms (“CareKate Platform”) to which Client can send, upload, or up-date their health information and grant Authorized Members access. The Service includes various tools to help Clients manage their health and medical care information. CareKate does not work with healthcare providers or any health plans to maintain data relating to healthcare and medical information and CareKate Platform is not a substitute for a medical record created and maintained by health care providers.

3. Revisions. CareKate reserves the right to change these Terms at any time and will communicate accordingly. If Client does not consent to these revisions, CareKate reserves the right to terminate the Services in accordance with these Terms or to disable some features and tools offered by CareKate. Client is deemed to accept and agree to be bound by any changes to the Terms when Client uses the Service after those changes are posted or otherwise communicated.

4. Performance. CAREKATE DOES NOT OFFER MEDICAL OR ANY OTHER HEALTH CARE ADVICE. ANY CONTENT INCLUDED IN THE SERVICE OR CAREKATE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY. NO ONE SHOULD SELF-MEDICATE OR PURSUE OR STOP TREATMENT BASED SOLELY ON INFORMATION ACCESSED THROUGH CAREKATE’S SERVICE. CLIENT MUST CONSULT THEIR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS OR CONCERNS ABOUT A MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT. NOONE SHOULD IGNORE PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH CAREKATE’S SERVICE. FOR ANY MEDICAL EMERGENCY, CALL 911.

5. Term and Termination

5.1. Term. The Service will start upon Client creating an account on CareKate Platform and will continue for one (1) month, automatically renewable for additional one (1) month periods (“Month Period”) unless terminated in accordance with Section 5.2 below (“Term”).

5.2. Termination. Either Party may terminate the Service with or without cause at any time during the Term by giving written notice to the other Party (including by email or through the CareKate Platform). The termination will be effective at the end of the Month Period during which notice was given.

5.3. Immediate Termination. CareKate, in its own discretion, may terminate the Service with immediate effect if:

i. Payment of fees for the Service is not current; or

ii. CareKate is made aware or suspect any breach of these Terms, such as misuse of the Service or of any related information or tools.

5.4. Effect of Termination. Upon the effective date of termination, CareKate will cease the Service, remove Client’s access to the CareKate Platform, will de-identify Client’s information, and will erase all information related to Client's identity. Client will not attempt to login into the Account.  Sections 8-12 of the Terms will survive the termination or expiration of the Service.

6. Payment and Payment Terms

6.1. Compensation. The compensation for the Service is ninety-nine dollars ($99.00) per Account for each Month Period, to be paid up-front, unless otherwise specified in a promotional offer or discounted pricing presented at the time of signup. CareKate reserves the right to change the standard pricing and billing terms for new customers without notice. For existing customers already engaged in a Month Period billing cycle, any pricing changes would take effect at the next monthly renewal after 30 days notice has been provided.

6.2. Payments. Payments will be made by credit card. Client agrees to provide CareKate with a valid credit card number when creating an account and to maintain and/or update such valid credit card throughout the Term. Client understands and expressly agrees that such credit card will be automatically charged with the monthly fee stated in Section 6.1.

7. Client’s Obligations. Client agrees to:

i. Use the Service and/or CareKate Platform solely for Client’s own personal and non-commercial use;

ii. Communicate or give access to Client’s own information only to Authorized Members;

iii. Maintain the confidentiality and security of passwords;

iv. Not use the Service or any of CareKate Platform for any purpose that is unlawful or prohibited by these Terms;

v. Not use CareKate Platform in any manner that could damage, disable, overburden, or impair the Service and/or CareKate Platform, or interfere with any other party's use and enjoyment of the Service and/or CareKate Platform;

vi. Verify the accuracy and completeness of all information transferred, downloaded, or otherwise communicated using the Service and/or CareKate Platform and to be solely responsible for all information stored or communicated using the Service and/or CareKate Platform.

8. Confidentiality

8.1. Confidential Information. The Privacy Policy for the Service is hereby incorporated and made a part of these Terms. Confidential Information is any information not excluded as detailed in Section 8.4 below.

8.2. Use of Confidential Information. Confidential Information will be used only for the purposes of the Services or for CareKate’s internal use such as research for Service improvement and maintenance, and for no other purpose whatsoever. Each Party will use reasonable efforts to safeguard the other Party’s Confidential Information and prevent the disclosure of any of the other Party’s Confidential Information. CareKate may disclose Confidential Information only to those of its officers, employees, consultants, vendors, or contractors who need to know such information to perform the Service or maintenance/improvement services of the CareKate Platform. Prior to any such disclosure of Confidential Information, such employee, consultant, vendor, or contractor will be made aware of the confidential nature of the Confidential Information and will be bound by a non-disclosure agreement containing terms and conditions consistent with the terms and conditions of these Terms and Conditions. 

8.3. Return of Confidential Information. Upon the termination or expiration of the Service, each Party will destroy the other Party’s Confidential Information and any remaining copies.

8.4. Exclusion. CareKate may disclose Client’s Confidential Information to relevant third-parties in extraordinary circumstances, if CareKate reasonably believes the disclosure is needed in response to an imminent physical threat to you or others, to defend or assert legal rights, or in response to an immediate health risk authenticated by medical personnel. Once Client grants access to its account on the Platform and discloses its Confidential Information to an Authorized Member, these confidentiality obligations and the Privacy Policy will not apply to such Authorized Member’s uses and disclosures of Client’s information.   Further the receiving Party’s obligation does not apply to information that:

a)  is already in the receiving Party’s possession at the time of disclosure.

b)  is or later becomes part of the public domain through no fault of the receiving Party.

c)  is received from a third party without any violation of any confidentiality obligation owed to the disclosing Party.

d)  is required by law or regulation to be disclosed, only after the other Party has been duly notified and has had the opportunity, if possible, to obtain reasonable protection for aforesaid information in connection with such disclosure.

9. Warranties and Liabilities

9.1. Disclaimer. CareKate does not make any warranties or guarantees, express or implied, as to the Service, the CareKate Platform, or results from either (including but not limited to any implied warranty of merchantability or fitness for a particular purpose). THE SERVICE AND CAREKATE PLATFORM ARE PROVIDED ON AN "AS IS" BASIS. CareKate does not represent or warrant that the access to the CareKate Platform or to the Service will be uninterrupted or error-free, that all defects and errors will be corrected, or that CareKate Platform will meet any particular criteria of performance or quality. CareKate does not provide any warranties regarding the accuracy, reliability, completeness, or currentness of the contents of any of Client’s information, health information, or other of Client’s content contained on CareKate Platform. CareKate may suspend and/or deny access to the CareKate Platform for scheduled or unscheduled maintenance, upgrades, improvements, or corrections withdraw, and may suspend or discontinue any functionality or feature of the CareCake Platform for any reasons.

9.2. Third Party Interference. CareKate does not warrant that the Service or CareKate Platform is secure or free from bugs and viruses. CareKate will implement reasonable security measures but will not be responsible for any third-party interference in the Services or CareKate Platform. Third-party interference includes but is not limited to hacks or break-ins to websites, systems, and platforms developed and/or used by CareKate.

9.3. Limited Liability. Neither Party will be liable to the other for any consequential, incidental, special, or indirect damages, or for any acts of negligence that are not reckless in nature, regardless of whether such Party has been advised of the possibility of such damages. THE TOTAL LIABILITY OF CAREKATE, ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, IF ANY, FOR ACTUAL LOSSES OR DAMAGES WILL NOT EXCEED THE FEES PAID BY CLIENT FOR USE OF THE SERVICE AND/OR CAREKATE PLATFORM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LOSSES OR DAMAGES.

9.4. Client’s Warranty. Client warrants that:

i. Client is at least 18 years of age and a US resident; 

ii. The contents that Client includes or otherwise enters into the CareKate Platform do not infringe upon the intellectual property rights, publicity rights, privacy rights, or any other legal or moral rights of any third party; 

iii. Client will not use the Service for any commercial or unlawful purposes or in any way prohibited by these Terms; 

iv. The information and content provided or included into CareKate Platform by Client is correct to the best of Client’s knowledge (CareKate is not responsible for the accuracy or completeness of any information provided by Client and CareKate only maintains that information for Client’s convenience and access); 

v. No unlawful or libelous content (as reasonably determined by CareKate) will be included onto CareKate Platform; and

vi. Client will not interfere or attempt to interfere with, or damage or attempt to damage the Service or the proper working of the CareKate Platform.

9.5. Indemnification. Each Party (“Indemnifying Party”) agrees to indemnify and hold harmless the other Party and its officers, managers, members, agents, representatives, employees and affiliates from and against all claims, demands, fines, causes of action, judgments, liabilities, lawsuits, costs and expenses, including, without limitation, attorneys’ and paralegals’ fees, arising out of or related to (i) the activities performed by the Indemnifying Party and its personnel, (ii) a breach by the Indemnifying Party of any term, warranty, or provision in these Terms, and (iii) the Indemnifying Party’s failure to comply with the law.

10. Intellectual Property

10.1. “Intellectual Property” means patent rights, trademarks, logos, names, copyrights, designs, and similar, whether registered or not, as well as software, databases, templates, trade secrets, know-how, processes, and techniques.

10.2. Ownership. Each Party retains exclusive ownership rights to its own Intellectual Property existing on or before the start date of the Service and used during the Term to perform the Service. CareKate does not claim any ownership in any of the content, including any information, data, text, information, files, images, photographs, music, sound, video, or other material, that Client uploads, transmits or stores onto the CareKate Platform (“Client Information”). Client acknowledges that all right, title, and interest in the CareKate Platform and Service and any content contained herein is the exclusive property of CareKate or its licensors. Client may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part information, software, products, or services obtained from the CareKate Platform (except for Client Information).

11. Independent Contractor

11.1. Independent Contractor. Parties are independent contractors. Nothing in these Terms will be construed as implying any other relationship, such as partnership, joint venture, or employer/employee.

11.2. No Authority. Neither Party is an agent of the other for any purpose and neither Party has any authority to sign any documents or assume any obligation for the other, unless authorized in writing by such Party.

12. General

12.1. Force Majeure. Neither Party will be liable to the other for any breach of these Terms caused by events beyond such Party’s control, including, without limitation, failures or delays in transportation or communication; natural disaster; media or publication issues; complications caused by pandemics, emergency orders, or public safety guidelines; failures or substitutions of equipment (including failure in the Internet access); accidents; shortages of materials or equipment; or technical failures. The breaching Party is required to remedy such breach as soon as reasonably possible after the force majeure circumstances that prevented compliance is abated.

12.2. Notices. Notices will be given in writing via email to:

- Client’s email address as provided by Client when creating an account with CareKate; and

- CareKate’s email address: carekate.tom@gmail.com.

12.3. Severability. If a court or arbitrator concludes that any provision or wording of these Terms is unenforceable under applicable law, it will not invalidate the entire Terms. The unenforceable provision will be modified as little as possible but sufficiently to make it valid or enforceable. If such provision cannot be so limited, it will be severed from these Terms and the remainder will remain valid.

12.4. Waivers. Any express or implied waivers of any provision of these Terms will not be construed as future waivers of such provision. 

12.5. Assignment. CareKate may assign its rights and duties under these Terms to any person at any time without notice.

12.6. Applicable Law. These Terms and Conditions and any agreement between the Parties relating to the Service and/or the CareKate Platform will be governed by and construed in accordance with Illinois law, without regard to the principles of conflicts of law.

12.7. Dispute Resolution. If a dispute arises, the Parties will enter into good faith negotiations. If such negotiations fail to settle the dispute within thirty (30) days, the dispute will be settled solely by confidential binding arbitration in Cook County, IL. The arbitrator will be appointed in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The Parties will split the costs of arbitration, except that the arbitrator may (and will, where there is one prevailing party) award costs and attorneys’ fees in its decision.

Updated: February 8, 2024