Cariloop® Terms of Service

Introduction

These Terms of Service are entered into by and between you and Cariloop, Inc. (“Cariloop”, “we” or “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of our website www.cariloop.com and its subpages, our Caregiver Support Platform®, the Cariloop mobile app, including, but not limited to your access to and use of any content, functionality, and products or services available thereon, whether as a guest or a registered user through your employer (“Your Employer”) (collectively, the “Platform”).

Please read the Terms of Service carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Notice, which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Notice, you must not access or use the Platform.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant you are of legal age to form a binding contract with Cariloop and meet all the foregoing eligibility requirements.

1. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of the revised Terms of Service means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Platform to users (including registered users).

You are responsible for:

• Making all arrangements necessary for you to have access to the Platform, including, but limited to obtaining any hardware devices and any network access. We do not guarantee that the Platform, or any portion thereof, is compatible with or will function on any particular hardware or device.
• Messaging and data rates that may apply in connection with your use of the Platform;
• Ensuring all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform all information you provide on the Platform is accurate, current, and complete. You agree all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our PrivacyNotice , and you consent to all actions we take with respect to your information consistent with our Privacy Notice. A copy of the Privacy Notice can be found at cariloop.com/privacy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

3. Backup Care Program

If your use of our Platform is through Your Employer and Your Employer participates in our Backup Care Program, then in addition to the terms set forth elsewhere in these Terms of Service, the terms of this Section 3 shall also apply to you.

The “Backup Care Program” is a service that we offer through the Platform that connects you with potential third party service providers who may be available to provide you with backup care services when the need for care services is unexpected due to care disruptions, work schedule changes, planned care gaps, caregiver medical needs, or respite care. You can request backup care services in the Platform and we will use reasonable efforts to provide you with backup care third party provider options within a reasonable time frame. You understand and agree the third party provider options are not exhaustive and will be based on information that you provide to us or information acquired by the information you provide, such as past experiences of you or other users. There may be other third party providers that meet your criteria, but that are not presented in the search result options on the Platform. You further acknowledge and agree that, if you elect to enroll any friends, family, or other preferred providers in your personal network, we cannot and do not guarantee that they will be verified.

The backup care services are not provided by us, but by third party service providers, and we do not control, employ, refer to, recommend, or endorse any third party providers. We may take certain limited steps to verify and present you with qualified third party provider options that meet your needs and preferences based on your information, but we make no promises, representations, or warranties regarding any such third party providers, including, but not limited to the third party providers credentials, qualifications, licenses, experience, availability, quality of their services, that their information is accurate or up-to-date, or that the third party provider will meet your needs or be reliable. Furthermore, in some cases, the search results we provide in the Backup Care Program are powered by a third party search engine and we do not independently verify the results, reviews, or rates presented by the third party search engine provider regarding the backup care providers. You are solely responsible for selecting, verifying, engaging, and booking the backup care services with the third party provider and determining whether such third party provider is suitable for your backup care needs.  YOU COVENANT AND HEREBY AGREE NOT TO SUE CARILOOP IN ANY ACTION OR CLAIM RELATED TO, ARISING OUT OF,  PROVISION OF THE BACKUP CARE SERVICES PROVIDED BY A THIRD PARTY PROVIDER, THE ACTS OR OMISSIONS OF A THIRD PARTY PROVIDER OF THE BACKUP CARE SERVICES, OR ANY DISPUTES WITH A THIRD PARTY PROVIDER OF THE BACKUP CARE SERVICES AND THAT YOU WILL LOOK SOLELY TO SUCH BACKUP CARE THIRD PARTY PROVIDER FOR ANY ASSOCIATED OR ALLEGED LIABILITY.

If Your Employer has elected to subsidize the cost of your backup care services, then in accordance with Your Employers’ Backup Care Benefit Guide, the third party provider costs for the backup care maybe submitted for reimbursement or deducted from an available subsidy fund deposited in an account by Your Employer. If the terms of Your Employers’ Backup Care Benefit Guide provide for reimbursement, then you will book and pay for the costs of the third party provider out of pocket and may submit a reimbursement request (including applicable supporting documentation and information) from Your Employer through the Platform. Our third party payment processor will process the reimbursement request by mailing you a check or through direct deposit, at your election, in the Platform. If the terms of Your Employers’ Backup Care Benefit Guide provide for the availability of subsidy funds deposited in an account by Your Employer, then the costs of the third party provider backup care services will be paid directly to the third party provider by our third party payment processor from the available subsidy funds and the amount deducted from your available subsidy benefits. You may view the remaining balance of your subsidy benefits associated with your account on the Platform. Once your subsidy balance reaches $0 you will no longer be able to use your subsidy benefits to pay for backup care third party providers, but may continue to participate in the Backup Care Program and use the backup care services at your own cost and expense. 

You represent and warrant that any information you provide us in connection with your use of or participation in the Backup Care Program is not fraudulent, deceptive, false, or misleading, and is accurate, complete, up-to-date, and that you have the necessary rights, consents, and permissions to use and authorize us and our third party providers to use the information in a manner contemplated by these Terms of Service and the Privacy Notice. You further understand and agree that we may audit any information you provide us or that we otherwise collect in connection with your access and use of the Backup Care Program at any time to determine your compliance with these Terms of Service and/or Your Employers’ Backup Care Benefit Guide, and that we may disclose and report any audit findings arising from or related to suspected fraud or noncompliance matters to Your Employer and/or law enforcement or regulatory authorities.

You understand and agree that your access, use, and participation in the Backup Care Program may be revoked by us at any time, with or without notice to you, for any reason. You further understand and agree that your ability to submit and receive reimbursement requests, or ability to use subsidies to pay for backup care services of a third party provider may be limited, suspended, or denied based on the terms of Your Employers’ Backup Care Benefit Guide, failure to provide the requested supporting documentation and information, failure to timely submit a reimbursement request, failure to timely use the funds in the subsidy account, or any suspected fraud or misuse of the Backup Care Program or Platform. You acknowledge and agree you are solely responsible for understanding the terms Your Employers’ Backup Care Benefit Guide prior to using any third party provide backup care services, including, but not limited to understanding any limits, co-pays, and processes. You will be solely responsible for the costs of any co-pays, transaction fees for payment processing, and backup care services provided by a third party provider that are outside of the Your Employers’ Backup Care Benefit Guide limits/coverage and/or denied based on your failure to provide the requested supporting documentation and information or any suspected fraud or misuse. YOU COVENANT AND HEREBY AGREE NOT TO SUE CARILOOP IN ANY ACTION OR CLAIM RELATED TO, ARISING OUT OF YOUR SUSPENSION OF OR INABILITY TO USE THE BACKUP CARE PROGRAM, YOUR LIMITED OR DENIED CLAIMS FOR REIMBURSEMENT OR USE OF THE SUBSIDY ACCOUNT, FOR DISPUTE ARISING BETWEEN YOU AND YOUR EMPLOYER, OR FOR THE ACTS OR OMISSIONS OF YOUR EMPLOYER. 

4. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Cariloop, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from the Platform.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without our prior written consent.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Cariloop. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

5. Trademarks

The Cariloop name and all related names, logos, product and service names, designs and slogans are trademarks of Cariloop or its affiliates or licensors. You must not use such marks without the prior written permission of Cariloop. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:

• In any way which violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm others in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Cariloop, a Cariloop employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct which restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Cariloop or users of the Platform or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner which could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

You agree not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Platform or any portion of the Platform.

Cariloop grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a computer or mobile device you own or control; provided you use the Software in accordance with these Terms of Service, any terms and conditions applicable to your computer, mobile device, or the distribution platform through which you obtained the Software, and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, except as expressly provided between you and Cariloop in writing, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Sites, Apps, or any portion of the Apps. You agree not to access the Sites or Apps by any means other than through the interface that is provided by Cariloop or use in accessing the Platform.

7. Your Information

The Platform may contain interactive features (collectively, “Interactive Features”) which allow users to post, submit, publish, display or transmit to other users or to a carecCoach or to a community channel content, information, or materials (collectively, “Your Information”) on or through the Platform. You will own Your Information. You represent and warrant that Your Information is accurate, complete, up-to-date, and that you have the necessary licenses, rights, consents, and permissions to use and authorize Cariloop to use Your Information in the manner contemplated by these Terms of Service, including, but not limited to all intellectual property rights. By submitting Your Information to Cariloop, you grant us a perpetual, royalty-free, sub-licensable, and transferable right and license to host, store, cache, display, reproduce, modify, adapt, edit, publish, prepare derivative works of, analyze, transmit, distribute and use Your Information for any purpose, including, but not limited to operating, developing, providing, promoting, and improving the Platform.

The license you grant us under this Section also includes a right for us to make Your Information available to and pass these rights along to Cariloop’s licensors and third party service providers with whom we have a contractual relationship related to the provision of the Platform, including, but not limited to third party providers in connection with the Backup Care Program.

You represent and warrant:

• You own or control all rights in and to the Your Information and have the right to grant the license granted above to us
• All of Your Information do and will comply with these Terms of Service.

8. SMS Text Messaging

You may receive text messages from Cariloop. By opting into Cariloop updates via SMS, you will receive marketing and promotional messages related to your Cariloop benefit. You may opt out of these messages at any time by texting STOP to the appropriate number. Thereafter we will send a final SMS message to confirm that you have been unsubscribed. After that final message, you will no longer receive SMS messages from us unless you re-enroll in the SMS program.

If you require help or assistance with your SMS messages, you can text “Help” or reach out directly at support@cariloop.com or  972-232-7561 (English or Spanish).

Carriers are not responsible for delayed or undelivered messages. Message and data rates may apply for any messages sent or received. For more information, please review our Privacy Policy here. Data obtained through the SMS program will not be shared with any third parties for marketing reasons.

9. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any of Your Information for any or no reason in our sole discretion.
• Take any action with respect to any of Your Information we deem necessary or appropriate in our sole discretion, including if we believe such Your Inofrmation violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for Cariloop.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS CARILOOP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

These content standards apply to Your Information and use of Interactive Features. Your Information  must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing,  must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material which could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Notice
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Carly Duvall Le Riche, General Counsel

2100 N. Greenville Ave #Suite 620, Richardson, Texas 75082

legal@cariloop.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: We reserve the right to, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers or otherwise prevent them from posting any of Your Information in the future.

12. No Medical, Legal, or Professional Advice; Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS & OTHER VISUALS, IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY. IT DOES NOT CONSTITUTE OR REPLACE ANY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR RECOMMENDATION OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING THE CARE OR MEDICAL NEEDS OF YOURSELF OR YOUR LOVED ONES.

THE INFORMATION PROVIDED ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS & OTHER VISUALS, DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE. INSTEAD, ALL SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONTACT YOUR ATTORNEY OR RESPECTIVE PROFESSIONAL TO OBTAIN ADVICE WITH RESPECT TO A PARTICULAR LEGAL MATTER. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY INFORMATION ON THE PLATFORM WITHOUT FIRST SEEKING LEGAL ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION. ONLY YOUR INDIVIDUAL ATTORNEY CAN PROVIDE ASSURANCES THE INFORMATION AND OTHER MATERIALS AVAILABLE ON THE PLATFORM IS APPLICABLE OR APPROPRIATE TO YOUR PARTICULAR SITUATION. USE OF, AND ACCESS TO, THE PLATFORM OR ANY OF THE RESOURCES CONTAINED ON THE PLATFORM DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND CARILOOP.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

THIS PLATFORM INCLUDES CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, THIRD-PARTY LICENSORS, AND CARE COACHES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY CARILOOP, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF CARILOOP. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

13. Not for Emergencies

OUR PLATFORM, INCLUDING THE BACKUP CARE PROGRAM, IS NOT FOR MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS ANDYOU SHOULD NOT RELY ON OUR PLATFORM, INCLUDING THE BACKUP CARE PROGRAM, FOR THE PROVISION OF ANY EMERGENCY CARE. YOU SHOULD NOT DISREGARD OR DELAY TO SEEK MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS OR DOES NOT APPEAR ON THE PLATFORM. IF YOU BELIEVE YOU OR YOUR LOVED ONE HAVE AN EMERGENCY OR OTHER LIFE-THREATENING SITUATIONS, CALL 9-1-1 IMMEDIATELY.

YOU SHOULD ALWAYS SEEK EMERGENCY HELP OR FOLLOW-UP CARE WHEN RECOMMENDED BY AN APPROPRIATE HEALTHCARE PROFESSIONAL OR WHEN OTHERWISE NEEDED. YOU SHOULD CONTINUE TO CONSULT WITH AN APPROPRIATE HEALTHCARE PROFESSIONAL AS THEY MAY RECOMMEND. ALWAYS SEEK THE ADVICE OF AN APPROPRIATE HEALTHCARE PROFESSIONAL CONCERNING QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION BEFORE STOPPING, STARTING, OR MODIFYING ANY TREATMENT OR MEDICATION FOR YOU OR A LOVED ONE.

14. Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

15. Privacy Notice

We know your personal information is important to you.  Cariloop’s license and rights to use Your Information is subject your rights under applicable law, such as laws applicable to personal data protection.  For more information about how we collect, use, and share Your Information that is personal information or protected health information, please review our Privacy Notice [INSERT AS LINK PRIVACY POLICY] (the “Privacy Notice”), which is incorporated into these Terms of Service by reference.

16. Payments

You may be able to order one or more additional services or upgrades on our Platform. You agree your order is an offer to license such services or upgrades, under these terms or other terms that may be made available for such services or upgrades. All orders must be accepted by us or we will not be obligated to license the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with the details of the services or upgrades you have ordered.

All prices, discounts, and promotions posted on this Platform are subject to change without notice. The price charged for a service or upgrade will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges, and all such taxes and charges will be itemized before payment is made and will further itemized in your confirmation email.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order and before we make the additional services or upgrades available to you.

Cariloop does not act as a money transmitter or payment processor. We use a third party payment processor, Stripe, Inc., to process all payments. By agreeing to these Terms of Service, you agree to be bound by the terms of service of such third party payment processor. We reserve the right to switch payment processing vendors at any time in our sole discretion. You expressly authorize us to collect and share with our third party payment providers your personal information that is necessary for our third party payment processor to process any payments in connection with your participation and use of our services, including your name, address, names of your family members, and financial information in accordance with our Privacy Notice. You acknowledge and agree that we are not liable for any acts, omissions, or failures by any third party payment processor, including, but not limited to the failure to comply with applicable law. YOU COVENANT AND HEREBY AGREE NOT TO SUE CARILOOP IN ANY ACTION OR CLAIM RELATED TO, ARISING OUT OF,  THE PAYMENT PROCESSING ACTIVITIES CONDUCTED BY THE THIRD PARTY PAYMENT PROCESSOR, THE ACTS OR OMISSIONS OF THE THIRD PARTY PAYMENT PROCESSOR, OR ANY DISPUTES BETWEEN YOU AND THE THIRD PARTY PAYMENT PROCESSOR AND THAT YOU WILL LOOK SOLELY TO SUCH THIRD PARTY PAYMENT PROCESSOR  FOR ANY ASSOCIATED OR ALLEGED LIABILITY.

17. International Use

Cariloop’s Services may be accessed by users located outside the United States; however, availability of specific features or functionality may vary by country. Certain Services are not available in jurisdictions where Cariloop is legally or contractually restricted from operating, including countries subject to U.S. sanctions or other trade limitations. Cariloop may update the list of unsupported regions at any time without notice.

All fees, reimbursements, and payouts are processed in United States dollars. Exchange rates fluctuate daily, and any amount displayed during a transaction is provided solely as an estimate. The final amount received in a local currency may differ based on the exchange rate and any applicable fees at the time the transaction is processed.

Service hours are based on U.S. Central Time, and language availability may vary. Coaching is currently offered in English, French, and Spanish; additional languages may be supported through real-time translation. Customers purchasing Services for international use must contract through a U.S. entity and are responsible for ensuring compliance with all local laws, regulations, and employer obligations applicable to their use of the Services.

18. Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

19. Geographic Restrictions

The owner of the Platform is based in the State of Texas in the United States. We provide this Platform for use only by persons located in the United States and Canada, except that any use of the Backup Care Program is only available for use by persons located in the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Disclaimer of Warranties

You understand we cannot and do not guarantee or warrant files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARILOOP NOR ANY PERSON ASSOCIATED WITH CARILOOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CARILOOP NOR ANYONE ASSOCIATED WITH CARILOOP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CARILOOP EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE PLATFORM WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OPERATING SYSTEMS, BROWSERS, OR OTHER DEVICES THAT YOU USE.

You acknowledge and agree access to the Platform may be unavailable from time to time through no fault of Cariloop, including, without limitation, downtime due to regular maintenance (performed by Cariloop or its service providers), and Cariloop shall not be liable for any damages or losses caused by such unavailability.

CARILOOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Third Party Providers

THE PLATFORM PROVIDES THE OPPORTUNITY TO BOOK CARE PROVIDED BY A THIRD PARTY SERVICE PROVIDER AND CARILOOP DOES NOT CONTROL, SUPERVISE, TRAIN, COUNSEL, EMPLOY, REFER TO, RECOMMEND, OR ENDORSE ANY THIRD PARTY SERVICE PROVIDERS AND MAKES NO PROMISES REGARDING THE THIRD PARTY SERVICE PROVIDER’S CREDENTIALS, INTEGRITY, TRUSTWORTHINESS, QUALIFICATIONS, LICENSES, EXPERIENCE, AVAILABILITY, TIMING, LEGALITY, QUALITY OF SERVICES, THAT THEIR INFORMATION IS ACCURATE OR UP-TO-DATE, OR THAT THE THIRD PARTY SERVICE PROVIDER WILL MEET YOUR NEEDS OR BE RELIABLE. YOU ARE SOLELY RESPONSIBLE FOR SELECTING, VERIFYING, ENGAGING, AND BOOKING THIRD PARTY SERVICES WITH THE PROVIDER DIRECTLY AND DETERMINING WHETHER SUCH THIRD PARTY SERVICE PROVIDER IS SUITABLE FOR YOUR CARE NEEDS.  YOU ACKNOWLEDGE AND AGREE THAT CARILOOP WILL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF THE BACKUP CARE SERVICES PROVIDED BY A THIRD PARTY SERVICE PROVIDER AND YOU AGREE TO HOLD SUPPLIER HARMLESS FOR ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF THE SERVICES PROVIDED BY A THIRD PARTY SERVICE PROVIDER. 

22. Disclaimer of Tax Liability

Cariloop does not provide tax, legal, or accounting advice. Any information provided by Cariloop, whether through its platform, customer support, or communications, is for general informational purposes only and should not be construed as professional advice.

You are solely responsible for determining the tax implications, if any, of receiving backup care reimbursements through Cariloop. This includes but is not limited to reporting such reimbursements as income, properly accounting for any tax liabilities, and complying with applicable local, state, and federal tax laws. Cariloop makes no representations or warranties regarding the tax treatment of backup care reimbursements or the eligibility of any expense for reimbursement under applicable tax rules or employer benefit plans.

We strongly encourage you to consult with a qualified tax advisor or financial professional to understand your individual obligations and how backup care reimbursements may affect your personal tax situation.

Cariloop disclaims any liability for any tax or legal consequences incurred by you in connection with your use of the platform or participation in a backup care reimbursement program.

23. Limitation on Liability

In no event will Cariloop, its affiliates or their respective licensors, service providers, employees, agents, officers or directors be liable for consequential, indirect, incidental, special, exemplary, special, punitive, or enhanced damages arising out of, or relating to, and/or in connection with these Terms of Service, Your Information, your use, or inability to use, the Platform, the Backup Care Program, or any other products or services obtained through the Platform, including, but not limited to, personal injury, property damage, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, and loss of goodwill.

In no event shall Cariloop’s aggregate liability arising out of or related to these Terms of Service, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Cariloop for your access to, and use of, the Platform in the twelve (12) period preceding the event giving rise to the claim. If you have not paid Cariloop any amounts during the past twelve (12) months, then our maximum liability to you shall be one ($1) dollar.

The limitation of liability provisions set forth in this Section 19 shall apply regardless of: (a) whether such damages were foreseeable; (b) whether or not Cariloop was advised of the possibility of such damages; (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based; and (d) your remedies fail their essential purpose. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

24. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cariloop, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and the costs of enforcing any right to indemnification) arising out of or relating to your violation of these Terms of Service, your use or misuse of the Platform, Your Information, your use of any products or services obtained through the Platform, including, but not limited to , your participation in or use of the Backup Care Program, your conduct towards others, your negligence or willful misconduct, or your violation of applicable law or the rights of any third party, including our third party service providers.  Notwithstanding your indemnification, we reserve the right to handle our own legal defense, and you agree to cooperate with us in such event. 

25. Arbitration; Waiver of Class Actions

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by final and binding arbitration administered by a mutually agreed-upon arbitration provider in accordance with its applicable rules. The arbitration shall take place in Dallas, Texas, unless otherwise agreed by the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You and Cariloop agree that any arbitration will be conducted on an individual basis and not in a class, consolidated, or representative proceeding. You further agree that you shall not participate in any class action (whether as a class representative or class member), consolidated action, or private attorney general action relating to any claim covered by this arbitration agreement.

By agreeing to arbitration, you and Cariloop waive any right to a jury trial or to litigate claims in court (except for matters that may be taken to small claims court or claims for injunctive or equitable relief as permitted under applicable law).

26. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Waiver and Severability

No waiver by Cariloop of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cariloop to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

28. Successor and Assigns

You may not assign, delegate, or transfer these Terms of Service, by operation of law or otherwise, without the prior written consent of Cariloop, and any attempted assignment or transfer in violation of the foregoing shall be null and void. Cariloop may freely assign or transfer these Terms of Service, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or business. These Terms of Service shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

29. Entire Agreement

The Terms of Service and our Privacy Notice constitute the sole and entire agreement between you and Cariloop, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.

30. Your Comments and Concerns; Feedback

This Platform is operated by Cariloop, Inc.; 2100 N. Greenville Ave; Suite 620; Richardson, TX 75082. Any questions should be directed to support@cariloop.com or legal@cariloop.com

All other feedback comments, requests for technical support and other communications relating to the Platform (including requests or suggestions for new features or functionality related to our Platform) (collectively, “Feedback”) should be directed to: support@cariloop.com. You assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback. 

Last Modified: December 1, 2025