Terms of Service

CareBal – your AI conversation partner

We are thrilled to have you with us. The Terms of Service outlined here regulate your usage of CareBal, including the software, content, and various services (collectively referred to as the “Services”) provided through our website at www.carebal.com and its subdomains (the “Website”), as well as our mobile apps CareBal for Android and CareBal for iOS (the “Apps”).

Here we have compiled some important facts for you. Please read these conditions carefully before you embark on your journey with your CareBal and start using our services.

The term “CareBal,” “us,” or “we” is used to refer to AI Benz Medical Technology GmbH, a software company that developed and constructed CareBal, established in Munich, and headquartered in Bavaria, Germany.

The term “device” denotes the electronic tool utilized to reach the Services, such as computers, smartphones, and tablets, among others.

The term “you” signifies the user of the Services.

By registering for any Service or using/accessing them in any manner, you hereby agree to adhere to these Terms and all relevant laws, regulations, and rules. Your use of the Services implies your acknowledgment and acceptance of these Terms. Should you not align with these Terms, kindly refrain from using the services.

Queries relating to your use of the Services, or these Terms can be directed to CareBal at support@carebal.com, the designated contact email address for all correspondence.

PLEASE BE AWARE THAT THE TERMS INCLUDE AN ARBITRATION PROVISION. APART FROM SPECIFIC TYPES OF DISPUTES AS STATED IN THE ARBITRATION PROVISION, BOTH YOU AND CAREBAL CONSENT TO MANDATORY BINDING ARBITRATION FOR RESOLVING ANY ISSUES RELATED TO THE TERMS OR YOUR UTILIZATION OF THE SERVICES. ADDITIONALLY, BY AGREEING TO THIS PROVISION, YOU AND CAREBAL WAIVE THE RIGHT TO ENGAGE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

1. Our service is created for you

CareBal provides a personalized chatbot service utilizing both text and voice interfaces.

1.1. Medical disclaimer

CareBal offers software and content aimed at improving your mood and emotional well-being. It is important to note that we are not providers of healthcare or medical devices, and our services should not be seen as medical care, mental health services, or other professional services. Consult your doctor or other healthcare providers for such needs. Although the founder and co-founder are medical and neuro-mental experts, CareBal does not claim, represent, or guarantee that our services provide therapeutic benefits. While research indicates that specific conversation techniques used in CareBal may support the recovery process for various conditions.

1.2. Emergencies

The Services are not intended for use in emergencies. In the event of a medical or mental health emergency, individuals are advised to dial 911 in the United States. It is important to note that depending on the country, a specific emergency number is publicly known. Therefore, in case of an emergency, the individual should dial the emergency number from their respective country. If there are concerns regarding suicide, self-harm, or potential harm to oneself or others, it is crucial to cease using the Services immediately, contact 911, or inform the relevant authorities or emergency services.

1.3. Changes to the Services

We retain the right to make changes to or terminate, either temporarily or permanently, the Services (or any portion thereof) with or without prior notice. You acknowledge that CareBal will not be held liable to you or any third party for any alterations, temporary interruptions, or discontinuation of the Services.

2. Membership & Subscriptions

2.1. How to Become a Member

To access and utilize the Services, you must sign up (“create an account”) with CareBal and become a CareBal Member. By opting to register for the Services, you commit to supplying and updating genuine, precise, current, and thorough details about yourself as requested in the registration forms. The handling of registration data and specific details about you is subject to our Privacy Policy.

2.2. Once a member

You are required to ensure the secrecy of your password and account details, and you bear full responsibility for all activities that take place under your account. You agree to (a) promptly inform CareBal of any unauthorized access to your account or any security breaches, and (b) make sure to log out of your account after each session when using the Services. CareBal will not be held accountable for any losses or damages resulting from your non-compliance with this provision.

2.3. Your membership

As a CareBal member, you will gain access to content, features, and functions of the Services that are exclusive to non-members.

By becoming a member, you consent to receiving occasional special offers, marketing messages, surveys, and communication emails related to the Services. You can opt-out of receiving commercial emails from CareBal by following the instructions provided in these emails. CareBal memberships and subscriptions are non-transferable and cannot be sold, exchanged, or transferred in any manner.

2.4. Subscriptions

2.4.1. Choose your subscription plan

Upon becoming a CareBal Member, you have the option to select one of the subscription plans available within CareBal:

14-Day Free Trial: CareBal allows all new members a 14-day free trial version with full premium access. During this trial, new users can familiarize themselves with CareBal and enjoy an exciting journey without limiions. After the trial period, members have the choice to continue using their CareBal as either a Free Use Premium version.
Free Use: A no-cost program that offers limited access to the Services. This option is designed for users who unable to afford any of our subscription-based programs. We reserve the right to refuse free use to individuals at our discretion.
CareBal Premium: A subscription-based program that provides complete access to the Services.

You may subscribe to a paid subscription program (the “Paid Subscriptions”) by purchasing a subscription through

2.4.2. Maintaining a Paid Subscription

Payment for any of our premium subscriptions must be made on a monthly or annual basis, and will be processed by the App marketplace partner where you initially obtained the subscription.

Your access to the premium subscription will only be active and available as long as the subscription is maintained and payments are up to date. If the subscription payment is not made within 7 days of the due date, your account will be automatically downgraded to “Free Use”.

Subscription renewal fees will be automatically charged to the Payment Method registered with the marketplace partner until canceled. To avoid being charged for the next billing period, you must cancel your subscription before the renewal date. Refunds will not be provided for any unused portion of a subscription period.

Any changes or cancellations to your premium subscription can only be made through the App marketplace where the subscription was initially acquired. To manage your subscription status, you may need to log in with the same user ID provided by the marketplace partner.

2.4.3. Refunds

Kindly be informed that when you acquire a subscription via the Apple iTunes Store or our iPhone application, it is considered a final sale, and we do not offer refunds. Your transaction will be governed by Apple’s payment policy, which may not include provisions for refunds.

In the case of purchasing a subscription through the Google Play store, the sale is final and we do not offer refunds. Your purchase will adhere to Google’s payment policy, which likewise may not accommodate refunds.

For subscriptions acquired through our website (using Stripe, PayPal, or another payment processor), the sale is considered final, and refunds will not be provided.

Please be aware that the EU residents’ 14-day post-purchase refund policy does not extend to the access granted to the digital product.

2.5. Device requirements

In order to utilize CareBal on your smartphone or any other device, your device must meet specific system requirements. These requirements are detailed on the website as well as on the Google and Apple app marketplaces.

3. Cancellation of Services

3.1. Cancellation by you

You have the option to terminate your membership at any time by deleting your account within the app. Please note that this action is permanent and will result in the complete removal of all data connected to your use of the services. The cancellation of a paid subscription takes effect at the conclusion of the current billing cycle.

If you wish to cancel a paid subscription and switch to the free plan without deleting your account, you can do so at any time. The cancellation will take effect at the end of the ongoing billing period.

For paid subscriptions purchased through the Apple iTunes Store or our iPhone application, you can cancel your subscription by turning off the automatic renewal of paid in-app subscriptions. This can be done by accessing “Manage App Subscriptions” in your iTunes Account settings and selecting the relevant subscription for modification.

In the case of paid subscriptions acquired through the Google Play store, you can cancel automatic renewals by adjusting your account settings under “Subscriptions,” within the Google Play app, or by following the current outlined process provided by Google Play.

3.2. Cancellation by us

If you engage in fraudulent activities or violate any terms outlined in our Terms of Service, we reserve the right to suspend or terminate your access to the services. Such suspension or termination may occur immediately and without prior notification.

4. General practices regarding use and storage

You understand that we may implement general guidelines and restrictions regarding the use of the Services. This includes setting limits on the duration for which data or content will be stored by the Services, as well as allocating specific storage space on our servers for your use. You agree that CareBal bears no responsibility or liability for the removal or inability to store any data or content maintained or uploaded via the Services. It is acknowledged that we retain the right to deactivate accounts that have been inactive for an extended period. Additionally, you acknowledge that we reserve the right to modify these general guidelines and restrictions at any time, at our discretion, with or without prior notice.

5. Mobile services

Certain Services can be accessed through mobile devices, allowing users to (i) upload content to the Services, (ii) browse the Services and Website, and (iii) access specific features via a mobile application (referred to as “Mobile Services”). If you utilize the Services on a mobile device, standard charges, data rates, and fees from your wireless service provider may apply.

It is important to note that some Mobile Services may be restricted or prohibited by your carrier, and compatibility may vary across carriers and devices. By using the Mobile Services, you consent to receiving communications from us and affiliated entities via SMS, MMS, text message, or other electronic methods on your mobile device. Additionally, certain information related to your use of the Mobile Services may be shared with us.

Should you change or deactivate your mobile number, it is your responsibility to promptly update your CareBal account details to prevent messages from being sent to the new owner of your previous number.

6. Conditions of use

6.1. User conduct

You are accountable for all content, including code, videos, images, data, text, music, and other materials that you upload or use through the Services. CareBal prohibits certain content and activities, reserving the right to take legal action against violators, such as removing content, suspending accounts, and reporting to authorities. It is prohibited to:

Upload content that infringes on intellectual property rights, lacks legal authorization, contains harmful software, compromises privacy, or is unlawful or offensive;
Disrupt the Services or connected networks, or violate regulations;
Impersonate others, solicit personal data from minors, or engage in unauthorized marketing;
Engage in criminal activities, unauthorized business, or illegal information gathering.
Users must comply with all applicable laws and regulations and not use the Services for illicit purposes.

6.2. Special notice for international use; Export controls

The software provided with the services and any associated data transmissions are subject to EU export regulations. Users must not download or export the software in violation of these laws. By using the software, you accept the associated risks and agree to comply with local laws and regulations governing online use and content, taking into account the global nature of the Internet.

6.3. Commercial use

The service is intended for your personal use exclusively. Unless expressly authorized otherwise within this agreement or the service terms, you agree not to exhibit, distribute, license, execute, publish, replicate, copy, create derivative works, alter, sell, resell, exploit, transfer, or upload any part of the service for commercial purposes.

6.4. Age restriction

If you are under the age of 18, you are not permitted to access or use the services, whether or not you have registered.

7. Apple App Store and Google Play Store legal information

These Terms govern your utilization of all Services, which encompass the iPhone application accessible through the Apple, Inc. (“Apple”) App Store (the “Applications”), and the Android application accessible via the Google, Inc. (“Google”) Play Store (the “Applications”). Additionally, specific supplementary terms pertain to the Applications:

You and CareBal acknowledge that the Terms are exclusively between you and CareBal, independent of Apple and Google. It is essential to note that Apple and Google bear no responsibility for the Application or the Content;

The Application is granted to you under a limited, non-exclusive, non-transferable, non-sublicensable license, exclusively for use in conjunction with the Services for your personal, private, non-commercial use, contingent upon all terms and conditions of this Agreement as they relate to the Services;

You are only authorized to utilize the Application with an Apple device that is under your ownership or control;
Recognize and agree that Apple is under no obligation to provide any maintenance or support services in connection with the Application;
Should the Application fail to conform to any applicable warranty, including those implied by law, you hold the right to notify Apple or Google; in response, Apple and Google’s sole warranty obligation will be to refund the purchase price, if applicable, of the Application;
Acknowledgment is made that CareBal, not Apple or Google, bears responsibility for addressing any claims you or a third party may lodge regarding the Application;
Should any third party claim arise asserting that the Application or your possession and use of it infringes upon their intellectual property rights, CareBal, not Apple or Google, assumes responsbility for investigating, defending, settling, and resolving such infringement claim;
It is warranted that you are not situated in a country subject to a U.S. Government embargo or classified by the U.S. Government as aiding terrorism, and that you are not listed on any U.S. Government roster of prohibited or restricted entities;
Both you and CareBal affirm that, in the usage of the Application, you will adhere to any pertinent third-party terms affecting or influenced by such usage; and
Both you and CareBal acknowledge that Apple and Apple’s subsidiaries, as well as Google and Google’s subsidiaries, are third-party beneficiaries of this Agreement. Upon acceptance, Apple and Google possess the right (and are deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiaries.
CareBal and you mutually acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service pertaining to the Apple-Enabled Software. Upon acceptance of these Terms of Service, Apple will have the right to enforce them against you concerning the Apple-Enabled Software as a third-party beneficiary thereof.

8. Intellectual property rights

8.1. Service content, software, and trademarks

You acknowledge and agree that the Services may feature content or functionalities (“Service Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and regulations. Except with explicit authorization from CareBal, you agree not to alter, duplicate, frame, scrape, rent, lease, loan, sell, distribute, or generate derivative works based on the Services or the Service Content, whether in whole or in part, excluding your own User Content (as defined below) legally uploaded by you to the Services. While using the Services, you will refrain from participating in or employing data mining, robots, scraping, or similar methods for gathering or extracting data. If your access to the Services is obstructed by CareBal (for instance, by IP address blocking), you affirm not to undertake any actions to evade such obstruction (e.g., IP address masking or proxy IP address usage). Any utilization of the Services or the Service Content beyond the specific permissions granted herein is strictly prohibited. The technology and software serving as the foundation for the Services or disseminated in association therewith are the assets of CareBal, our associates, and our partners (the “Software”). You undertake not to duplicate, modify, create derivative works of, reverse engineer, reverse assemble, or endeavor to uncover any source code, vend, assign, sublicense, or transfer any right in the Software. Rights not explicitly granted herein are retained by CareBal.

The CareBal name and logos are trademarks and service marks of CareBal (collectively the “CareBal Trademarks”). Any other company, product, and service names and logos shown and utilized via the Services might be trademarks or service marks of their respective owners, who may or may not endorse, be connected with, or affiliated with CareBal. Nothing in these Terms of Service or the Services should be interpreted as granting any license or right to utilize any CareBal Trademarks showcased on the Services, without our prior written consent on each instance. Any benefits arising from the use of CareBal Trademarks will exclusively benefit us.

8.2. Third party material

In no event will CareBal be held liable in any way for any content or materials provided by third parties (including users), including, but not limited to, any errors or omissions in such content, or for any loss or damage of any kind resulting from the use of such content. You understand that CareBal does not pre-screen content, but CareBal and its representatives reserve the right (at their sole discretion) to reject or remove any content available through the Services. In addition to the above, CareBal and its representatives have the authority to delete any content that violates these Terms of Service or is considered by CareBal to be objectionable in its sole discretion. You agree that you are responsible for evaluating all risks associated with using any content, including relying on the accuracy, completeness, or usefulness of such content.

8.3. User content transmitted through the Services

Regarding the content or other materials you upload or share with other users through the Services (referred to collectively as “User Content”), you affirm that you have full ownership of all rights, titles, and interests in such User Content, encompassing copyrights and rights of publicity. By uploading any User Content, you grant and will continue to grant CareBal and its affiliated entities a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and utilize your User Content in connection with the operation of the Services or for promotional, advertising, or marketing purposes in any existing or future form, medium, or technology.

You understand that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”) that you provide to CareBal are considered non-confidential, and CareBal reserves the right to freely use and share these Submissions for any purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you.

You recognize and agree that CareBal may retain content and might disclose it if mandated by law or if it believes in good faith that such retention or disclosure is reasonably necessary to: (a) comply with legal obligations, applicable regulations, or government requests; (b) enforce these Terms of Service; © address claims of content infringement against third-party rights; or (d) safeguard the rights, assets, or safety of CareBal, our users, and the general public. You acknowledge that the technical processing and transmission of the Services, including your content, may involve (a) transfers across diverse networks; and (b) adaptations to meet the technical specifications of connected networks or devices.

8.4. Copyright complaints

CareBal values the intellectual property rights of others and expects our users to do the same. Should you believe that your copyrighted work has been infringed upon or your intellectual property rights violated, please contact CareBal to report the infringement using the following procedure.

We will promptly investigate and address any alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and relevant intellectual property laws. To report a claim of copyright infringement, please send an email to CareBal’s Copyright Agent at support@carebal.com (Subject line: “DMCA Takedown Request”). Alternatively, you can reach us by mail at:

CareBal
Elsenheimerstrasse 59
80687 Munich
Germany

For your notification to be effective, it must be in written form and include the following details:

An electronic or physical signature of the authorized person acting on behalf of the copyright or intellectual property owner.
Details of the copyrighted work or intellectual property that is claimed to be infringed.
Specific information on the location within our Services where the allegedly infringing material is found.
Your address, telephone number, and email address.
A statement affirming your good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement verifying, under penalty of perjury, that the details in your Notice are accurate and that you are the owner of the copyright or intellectual property or are authorized to act on their behalf.

8.5. Counter-notice

If you believe that your User Content, which has been removed or had access disabled, is not infringing, or that you are authorized by the copyright owner, their agent, or the law to upload and utilize the content, you have the option to submit a written counter-notice to the Copyright Agent with the following details:

Your physical or electronic signature.
Identification of the removed content or the content for which access was disabled, along with its prior location.
A statement expressing your good faith belief that the removal or disabling was due to a mistake or misidentification.
Your name, address, telephone number, and email address, along with a statement consenting to the jurisdiction of the federal court in the Northern District of California and agreeing to accept service of process from the notifier.

Upon receiving a counter-notice, CareBal will forward a copy to the original complainant, notifying them that they have 10 business days to either restore the removed content or cease disabling it. Unless the copyright owner initiates a court action against the content provider, member, or user, the content may be reinstated or access granted within 10 to 14 business days or longer after receipt of the counter-notice, at the discretion of CareBal.

Policy on Repeat Infringement: CareBal adheres to the DMCA and relevant laws by implementing a policy to terminate, as deemed necessary and at the sole discretion of CareBal, users who are considered repeat infringers. CareBal may also, at its sole discretion, restrict access to the Services and/or terminate the memberships of users found infringing upon the intellectual property rights of others, regardless of any previous infringements.

9. Third party websites

The Services may feature links or access to other websites and resources provided by third parties or through the internet. CareBal has no authority over these external sites and resources, and we do not endorse or take responsibility for them. You acknowledge that CareBal will not be held accountable for any damages or losses, directly or indirectly, arising from or related to the use or reliance on content, events, goods, or services offered on or through such external sites or resources. Any transactions or interactions with third parties while using the Services are solely between you and the third party, and you agree that CareBal is not responsible for any losses or disputes you may encounter with such third parties.

10. Social networking services

You have the option to utilize, connect, or sign in to the Services using various online third-party services, such as social media and social networking platforms like Facebook, Instagram, or Twitter (“Social Networking Services”). By integrating these Social Networking Services directly into the Services, we aim to enhance and personalize your online interactions. To access this feature and its capabilities, you may be required to authenticate, register, or log in to the Social Networking Services on the providers’ websites. Through this integration, the Social Networking Services will grant us access to specific information you have shared with them, and we will handle, store, and disclose this information in line with our Privacy Policy. Nonetheless, please be aware that how Social Networking Services manage, store, and disclose your data is governed solely by their policies, and CareBal bears no liability for the privacy practices or activities of any third-party site or service enabled within the Service.

Furthermore, CareBal is not accountable for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements provided in connection with Social Networking Services. Therefore, CareBal cannot be held responsible for any damages or losses resulting from the use of or reliance on such Social Networking Services. CareBal offers these features for convenience, and the integration of such features does not indicate an endorsement or recommendation.

11. Warranty, indemnity and liability

11.1. Indemnity and release

You agree to release, indemnify, and hold CareBal and its affiliates, as well as their officers, employees, directors, and agents (referred to collectively as “Indemnitees”), harmless from any and all losses, damages, expenses (including reasonable legal fees), rights, claims, actions of any nature, and injuries (including death) arising from or in connection with your use of the Services, any User Content, your interactions with the Services, your breach of these Terms of Service, or your infringement of any third-party rights. However, you are not required to indemnify or hold any Indemnitee harmless from any liability, losses, damages, or expenses resulting from the actions or inactions of said Indemnitee. If you reside in California, you waive the protections of California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that, if known, would have materially affected the settlement with the debtor.” For residents of other jurisdictions, you waive any similar statutes or legal principles.

11.2. Disclaimer of warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CareBal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CareBal MAKES NO GUARANTEE THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

11.3. Limitation of liability

YOU UNDERSTAND AND AGREE THAT CareBal WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THIS EXEMPTION APPLIES TO SITUATIONS SUCH AS: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF FINDING SUBSTITUTES FOR GOODS AND SERVICES DUE TO GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR ACQUIRED OR MESSAGES RECEIVED OR TRANSACTIONS MADE THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR CHANGES IN YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR ACTIONS OF THIRD PARTIES ON THE SERVICE; OR (V) ANY OTHER ASPECTS RELATED TO THE SERVICE. CareBal’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF HIGHER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY OR BE ENFORCED IN YOUR CASE. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THE TERMS OF SERVICE, YOUR ONLY RECOURSE IS TO STOP USING THE SERVICES.

FOR USERS FROM NEW JERSEY, THE ABOVE SECTIONS ENTITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE AS BROAD AS PERMISSIBLE UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF THAT PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS.

12. Dispute resolution by binding arbitration

12.1. Agreement to arbitrate

The segment on Dispute Resolution through Binding Arbitration in these Terms of Service is known as the “Arbitration Agreement.” You consent that any disputes or claims between you and CareBal, whether arising from or relating to these Terms of Service (including any alleged breaches), the Services, any advertising, any part of our relationship or transactions, will be resolved exclusively through final and binding arbitration, rather than litigation, following the provisions of this Arbitration Agreement. You are allowed to make individual claims in a small claims court if they meet the requirements. Additionally, this Arbitration Agreement does not prevent you from reporting matters to federal, state, or local agencies, and if allowed by law, these agencies can seek redress on your behalf. By agreeing to these Terms of Service, you and CareBal are relinquishing the right to a trial by jury or participation in a class action. Your rights will be decided by an impartial arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and application of this Arbitration Agreement.

12.2. Prohibition of class and representative actions and non-individualized relief

YOU AND CareBal AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CareBal AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

12.3. Pre-arbitration dispute resolution

CareBal is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@carebal.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to CareBal should be sent to support@carebal.ai (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If CareBal and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or CareBal may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CareBal or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CareBal is entitled.

12.4. Arbitration procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless CareBal and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, CareBal agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

12.5. Costs of arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, CareBal will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, CareBal will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, CareBal will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

12.6. Confidentiality

The confidentiality of all aspects of the arbitration process, including any determinations, decisions, or awards made by the arbitrator, will be upheld to protect the interests of all involved parties.

12.7. Severability

In the event that a court or arbitrator determines that any term or provision within this Arbitration Agreement (apart from the subsection titled “Prohibition of class and representative actions and non-individualized relief” above) is not valid or cannot be enforced, the parties agree to substitute such term or provision with a valid and enforceable one that best reflects the original intent of the invalid or unenforceable term or provision. This modified Arbitration Agreement will remain in force. If a court or arbitrator finds that any provisions within the subsection titled “Prohibition of class and representative actions and non-individualized relief” are invalid or unenforceable, the entire Arbitration Agreement will be rendered invalid. However, the remaining Terms of Service will continue to be applicable.

12.8. Future changes to the arbitration agreement

Despite any conflicting clause in these Terms of Service, CareBal acknowledges that should it amend this Arbitration Agreement in the future (excluding changes to the Notice Address) while you are utilizing the Services, you have the option to decline such modification by sending CareBal written notice within thirty (30) calendar days of the alteration to the designated Notice Address. By refusing any future changes, you are consenting to resolve any disputes between us in compliance with the terms of this Arbitration Agreement as per the version in effect on the date you initially accepted these Terms of Service (or approved any subsequent revisions to these Terms of Service).

13. General Conditions

13.1. Termination

You acknowledge that CareBal, at its discretion, has the right to suspend or terminate your account (or any portion thereof) or usage of the Service, and to delete any content contained within the Service, for various reasons. These reasons include, but are not limited to, lack of use or if CareBal has reasonable grounds to believe that you have violated or not complied with the terms outlined in these Terms of Service. Any suspected fraudulent, abusive, or illegal activities that warrant discontinuation of your access to the Service may be reported to the relevant law enforcement authorities. CareBal may, at its discretion and without advance notice, cease providing the Service in its entirety or in part. You agree that termination of your access to the Service can be immediate under any clause within these Terms of Service, without prior notification. You also acknowledge and consent to CareBal potentially deactivating or erasing your account, along with all associated information and files stored within your account, and may prevent any future access to these files or the Service. Furthermore, you agree that CareBal shall not be held accountable to you or any third party for the termination of your Service access.

13.2. User disputes

You acknowledge that you bear full responsibility for your interactions with any other user while using the Service, and CareBal assumes no liability or responsibility in that regard. While CareBal reserves the right to intervene, it is not obliged to mediate in disputes that may arise between you and another user of the Service.

13.3. Entire agreement

The Terms of Service serve as the complete agreement between you and CareBal, regulating your utilization of the Service, and replacing any previous agreements between you and CareBal concerning the Services. Additionally, you may be bound by extra terms and conditions that are applicable when using affiliate or third-party services, third-party content, or third-party software.

13.4. Choice of law

The laws of the State of California, without consideration for conflicting provisions, will govern these Terms of Service between you and CareBal. In instances where disputes or claims are not subject to arbitration, as previously specified, you and CareBal agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California. Should CareBal fail to enforce any right or provision in these Terms of Service, it does not waive that right or provision. If a court deems any part of these Terms of Service invalid, the intent of the parties should still be upheld to the extent possible, with the remaining provisions remaining valid. It is agreed that any claim or cause of action relating to the use of the Services or these Terms of Service must be filed within one year of its occurrence. Both electronic and printed versions of this agreement hold equal weight in legal proceedings. You are not authorized to transfer these Terms of Service without prior written consent from CareBal, although CareBal has the liberty to transfer them without limitations. The titles within these Terms of Service are for convenience only and carry no legal weight. Notices to you may be sent by email or regular mail. Changes to these Terms of Service or other important notifications may be presented through the Service.

14. Your Privacy

At CareBal, we value the privacy of our users. To learn more, please refer to our Privacy Policy. Your use of the Service implies your consent to the collection and utilization of personal data as described in the policy.

ANY QUERIES? ISSUES? IDEAS?

Feel free to reach out to us at support@carebal.com if you wish to report any violations of these Terms of Service or have any questions related to these terms or our Services.