Terms of Service

General Terms and Conditions

Welcome to our website (the "Site"). If you continue to browse and use the Site, you are agreeing to comply with and be bound by the terms and conditions (the "Terms") listed below, which together with our privacy policy govern the relationship between Kaigo.care and you in the context of this website.

These Terms constitute a legally binding contract in electronic form between you as the user or viewer of our Site ("you," "your," "yourself," and "Site User") and Kaigo.careas the owners of the Site ("Kaigo.care," "our," "us," or "we").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, WE KINDLY ASK THAT YOU REFRAIN FROM ACCESSING OR OTHERWISE USING THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THIS SITE.

The content of the pages on this Site is for your general information and use only. Kaigo.care reserves the right to update or revise these Terms and the content of our Site at any time with or without notice to you. Please check this page periodically for changes. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms.

Eligibility and Restrictions

The Site is intended for use by adults who are (a) at least 18 years of age and (b) mentally competent to enter into a legally binding agreement, or (c) authorized representatives (such as legal guardians, healthcare proxies, or power of attorney holders) acting on behalf of a care recipient. If you are accessing the Site on behalf of another person, you represent that you have the legal authority to do so.

The Site is intended for use by residents of the United States ("U.S.") or non-residents that agree to use the Site in accordance with U.S. laws, these Terms, and our Privacy Policy. The Site is designed and targeted to U.S. audiences, and is governed by the laws of the U.S. By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Site and its features does not violate any applicable law, rule or regulation.

We make no representation that the Site or its policies comply with the laws of any other country. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also consent to the transfer and use of your information outside of your country.

User and Accountholder Responsibilities

Some areas of the Site may be accessible only to registered users and accountholders. In order to access those areas of the Site, you may need to register, which includes providing access credentials, such as an email address and password. By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for not allowing another person to use your access credentials or account, and you agree to accept responsibility for all activities that occur under your account or password.

Kaigo.care is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of these Terms) to allow another person or entity to access and use the Site using your access credentials. You must immediately notify Kaigo.care if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by contacting info@kaigo.care.

Kaigo.care reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, for any reason, or no reason, at any time in our sole discretion, with or without notice to you.

User-Generated Content

The Site may now or in the future include content such as Family Communication Tools, Caregiver or Agency Reviews or comments, and other information that you post to the Site ("User Content"). Unless otherwise specified, you may only post User Content to the Site if you are a resident of the United States.

You represent and warrant that: (i) you own the User Content posted by you on the Site or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Sites does not result in a breach of any contract between you and a third party, or otherwise violate any law or regulation.

Commercial advertisements and other forms of solicitation may be removed by us without notice and may result in termination of privileges.

We do not claim any ownership rights in the User Content that you post to the Site. After posting your User Content, you continue to retain all ownership rights in such User Content. By supplying User Content to any area of the Site, however, you automatically grant us an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content.

Use of the Site

You are responsible for using the Site in accordance with applicable local laws. Your use of the Site is limited to the intended functions of the Site, and you may not use the Site in a manner that:

• Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party
• Is unlawful, fraudulent, or deceptive
• Uses automated systems including "robots," "spiders," or "offline readers" to gain unauthorized access
• Attempts to introduce viruses or any other computer code that interrupts or destroys functionality
• Encourages conduct that would constitute a criminal offense or gives rise to civil liability
• Violates these Terms or any applicable third-party terms
• Attempts to damage, disable, overburden, or impair Kaigo.care servers or networks
• Uses the platform to facilitate or conceal elder abuse, financial exploitation, neglect, or any other harm to a vulnerable adult
• Accesses or attempts to access another user's Care Records without authorization
• Uses AI Features to generate false, misleading, or fabricated care notes or documentation

Intellectual Property

The Kaigo.care logo design, trademarks, icons and custom graphics are protected by Kaigo.care's intellectual property rights and registrations. By using this Site, you acknowledge that the content, images and products available on and through this Site (collectively, "Content") are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Kaigo.care grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kaigo.care. This license does not include any resale or commercial use of this Site or its contents. Any unauthorized use terminates the permission or license granted by Kaigo.care.

Care Records and Health Information

Kaigo.care provides authorized users with secure access to select care-related information, including care plans, activity logs, caregiver notes, medication schedules, and summary health information ("Care Records"). Care Records are made available through the Kaigo.care platform to patients, care recipients, authorized family members, and designated caregivers (collectively, "Authorized Users").

A care recipient's complete medical record is not reproduced on the Kaigo.care platform; rather, the platform reflects selected care coordination data relevant to daily living support and care management.

All messages sent through Kaigo.care are transmitted over a secure, encrypted connection. You may receive email or SMS notifications regarding new messages or care updates; however, such notifications will not contain confidential care information. You must sign in to Kaigo.care to access the full content of any message or care record.

Proxy Access:Family members and legal guardians may request proxy access to a care recipient's Kaigo.care account. The scope of proxy access will depend on the care recipient's consent and, where applicable, applicable law regarding access to records of vulnerable or incapacitated adults.

No Duty to Monitor: Kaigo.care does not independently review, verify, or validate the accuracy of care notes, AI-generated transcriptions, caregiver activity logs, or other Care Records entered by users. The accuracy and completeness of Care Records is the sole responsibility of the users who create them.

Artificial Intelligence, Voice, and Image Features

AI-Assisted Notetaking and Transcription

Kaigo.care uses artificial intelligence technologies, including large language models ("LLMs") and Amazon Web Services (AWS) Transcribe, to assist with care notetaking, transcription of voice recordings, and summarization of care interactions (collectively, "AI Features"). These AI Features are intended to support - not replace - the judgment of qualified caregivers, healthcare professionals, and authorized users.

AI-generated notes and transcriptions may contain errors, omissions, or inaccuracies. You are responsible for reviewing, verifying, and correcting any AI-generated content before it is used to inform care decisions. Kaigo.care makes no warranty that AI-generated content is complete, accurate, or appropriate for clinical or legal purposes.

Voice Capture and Transcription

Kaigo.care enables voice recording and transcription features to facilitate care documentation. By using voice capture features, you consent to the recording, processing, and transcription of audio by Kaigo.care and its third-party service providers, including AWS Transcribe. You represent and warrant that you have obtained the consent of all individuals whose voices are captured through these features prior to initiating any recording.

Photo and Image Capture

Kaigo.care enables photo and image capture to support care documentation, including wound documentation, medication verification, and care environment records. By using image capture features, you consent to the upload, storage, and processing of images by Kaigo.care and its service providers.

AI Limitations and No Medical Advice

AI Features on Kaigo.care are tools for care coordination and documentation support only. Nothing generated by AI Features on this Site constitutes medical advice, clinical diagnosis, treatment recommendations, or a substitute for the advice of a licensed healthcare professional.

AI Feature Opt-Out

You may disable AI-assisted notetaking and transcription features at any time through your account settings. Disabling these features will not affect previously generated AI content stored in the Care Record. If you believe a previously generated AI note or transcription is materially inaccurate, you may flag it for correction through the platform's care record amendment process or by contacting info@kaigo.care.

Subscriptions and Payment

Kaigo.care offers subscription-based access to premium caregiving coordination features, including care plan management, caregiver scheduling, family messaging, and health record integrations. You may cancel your subscription at any time. Refunds will not be issued for partial billing periods. Upon cancellation, access to premium features will continue until the end of the current paid billing cycle.

Accepted Forms of Payment: VISA, MasterCard, American Express, and Discover

When you subscribe to Kaigo.care's paid features ("Kaigo.care Premium"), you explicitly consent to be bound by the Paid Subscription Policies and Renewal Terms on a month-to-month basis. Your subscription will automatically renew until you cancel your membership. You may cancel your subscription at any time by emailing info@kaigo.care.

Disclaimer of Warranties

Limitation of Liability

Governing Law and Disputes

Our website is created and maintained by Kaigo.care in Delaware. The Terms, the Site, and activities on and through the Site, are governed by the laws of the United States of America and the laws of the State of California without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction.

You hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning, or arising out of this Site, these Terms, the Privacy Policy, and/or an item purchased through the Sites. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in the State of California, County of Sonoma.

For any matters which are not subject to arbitration, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Sonoma in the State of California.

Indemnification

You agree to defend, indemnify and hold us, our affiliates, and/or suppliers, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms.

Mandatory Reporting Obligations

Kaigo.care is not a licensed care provider and does not employ caregivers directly. However, users of the platform who are licensed professionals may have mandatory reporting obligations under applicable state law with respect to suspected elder abuse, neglect, or exploitation. Nothing in these Terms limits or supersedes any mandatory reporting obligation imposed by law. If you suspect abuse or neglect of a care recipient, you should contact your local Adult Protective Services agency or law enforcement immediately.

No Professional or Clinical Relationship

Your use of the Kaigo.care platform does not create a professional, fiduciary, clinical, or employment relationship between you and Kaigo.care. Kaigo.care is a technology platform that facilitates care coordination and documentation. Kaigo.care does not provide medical, nursing, legal, financial, or other professional advice. Nothing on this platform should be construed as a recommendation for any specific care intervention, medication, treatment, or clinical decision.

Accessibility

Kaigo.care is committed to making its platform accessible to users with disabilities in accordance with applicable law, including the Americans with Disabilities Act ("ADA"). If you have trouble accessing any feature of our platform, please contact us at info@kaigo.care and we will make reasonable efforts to assist you.

Contact Us

Please contact us at info@kaigo.care if you have any questions regarding the Site or these Terms.