IMPORTANT: Please read these Terms carefully. By using CareDune™, you agree to them.
1. Who We Are
CareDune™ is provided by Fail Safe Technologies LLC (“Fail Safe,” “we,” “us,” “our”). The Services may include the CareDune™ mobile application, websites (including caredune.com), and related services, features, content, and support channels (collectively, the “Services”).
2. Binding Agreement
These Terms of Use / End User License Agreement (“Terms”) form a legally binding contract between you and Fail Safe. By downloading, installing, accessing, or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization (e.g., a provider, facility, non-profit, public sector partner, or other stakeholder), you represent you have authority to bind that organization, and “you” includes that organization.
3. Intended Use; Not Medical Advice; Not Emergency Services
- Support tool. CareDune™ is designed to support journaling, continuity, and resource navigation. It is not a clinical system unless and until a separate written agreement states otherwise.
- No medical advice. The Services do not provide medical diagnosis, treatment, or clinical advice and are not a substitute for care from qualified professionals.
- No emergency services. The Services are not monitored for emergencies and are not a substitute for 911 or other emergency services. If there is immediate danger, call 911. In the U.S., you may call or text 988 for crisis support.
4. Eligibility; Accounts; Security
- You must be able to form a binding contract to use the Services.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate information and keep it updated.
- If you believe your account has been compromised, contact us via Contact (Security).
5. Individuals, Caregivers, Providers, and Stakeholders
The Services may be used by individuals, caregivers, providers, facilities, first responders, community organizations, conservators/guardians (where applicable), and other stakeholders. If you access, enter, or share information about another person, you represent that you have the right and appropriate consent/authority to do so, including for any sharing or collaboration features (if/when available).
6. License Grant
Subject to these Terms, Fail Safe grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal use or your internal organizational purposes, strictly in accordance with these Terms and applicable app store rules.
7. Acceptable Use
You agree not to:
- Use the Services for unlawful, harmful, or fraudulent purposes.
- Upload malware, attempt to bypass security, interfere with operation, or overload the Services.
- Attempt to access non-public areas, accounts, systems, or data without authorization.
- Reverse engineer, decompile, or attempt to extract source code except where prohibited by law.
- Infringe intellectual property rights or violate privacy/data protection laws.
8. User Content; Permissions; Sensitive Information
You may submit or store content (including text, images, audio, location-based notes, and other data) (“User Content”). You retain ownership of your User Content. You grant Fail Safe a limited license to host, process, transmit, and display your User Content only as necessary to provide, maintain, secure, and improve the Services and to comply with law.
The Services may involve sensitive information depending on how you use them (e.g., mental health journaling, memory/dementia timeline data, audio/video, location). Certain data may be collected only if you enable permissions (e.g., camera, microphone, contacts, location) and you choose to use those features.
9. HIPAA / PHI; Business Associate Agreements (BAA)
- No HIPAA-covered role by default. Unless a separate written agreement states otherwise, Fail Safe is not acting as your “Business Associate,” and the Services are not provided as HIPAA-compliant services for Covered Entities.
- No BAA unless signed. We do not accept Business Associate obligations unless we have executed a written BAA with an eligible partner. If you are a Covered Entity or Business Associate and believe a BAA is required, contact us via Contact (Legal).
- Use discretion. Do not submit protected health information (“PHI”) if you require HIPAA-protected processing unless and until a BAA is executed and the relevant product configuration and controls are confirmed in writing.
10. Data Retention; Deletion; Exports
Retention and deletion practices are described in the Privacy Policy. Some information may be retained as required by law, for security, fraud prevention, dispute resolution, backups, or legitimate business purposes. If/when export tools are offered, exports may omit certain technical logs and security metadata.
11. Subscriptions; Billing; Trials (If/When Offered)
- Paid features may be offered via Apple App Store and/or Google Play (“App Stores”).
- App Store terms and policies may apply, and your purchase and billing relationship may be with the App Store.
- Auto-renewing subscriptions continue until canceled through the applicable App Store account settings.
- Fees are generally non-refundable except where required by law or as permitted by the App Store’s refund policies.
- We may change plans, features, or pricing prospectively with notice as required by law and App Store rules.
12. Third-Party Services
The Services may rely on third-party services (e.g., hosting, monitoring, analytics, payments via App Stores). Fail Safe is not responsible for third-party services outside our control. Your use of third-party services may be governed by their separate terms and privacy policies.
13. Intellectual Property
The Services, including software, designs, trademarks, and content provided by Fail Safe, are owned by Fail Safe or its licensors and are protected by intellectual property laws. “CareDune™” and “Fail Safe Technologies LLC” are trademarks/service marks of Fail Safe.
14. Feedback
If you provide suggestions or feedback, you grant Fail Safe a worldwide, perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation.
15. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by law, Fail Safe disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any content will be accurate or complete.
16. Limitation of Liability
To the maximum extent permitted by law, Fail Safe will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses arising out of or related to your access to or use of the Services.
To the maximum extent permitted by law, Fail Safe’s total liability for any claim arising out of or relating to the Services will not exceed the greater of: (a) the amount you paid to Fail Safe for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) $100 (USD).
Some jurisdictions do not allow certain limitations. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless Fail Safe and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or third-party rights.
18. Suspension; Termination
We may suspend or terminate access to the Services at any time if we reasonably believe you violated these Terms, if required for security or legal compliance, or to protect the Services or others. You may stop using the Services at any time.
19. Dispute Resolution (U.S.) — Informal First, Then Arbitration
Informal resolution first. Before initiating arbitration, you agree to send us a notice describing your claim via Contact (Legal). The notice should include your name, email, a brief description of the issue, and the relief sought. You and Fail Safe agree to make a good-faith effort to resolve the dispute informally within thirty (30) days after receipt of the notice.
Arbitration agreement. If we cannot resolve the dispute informally, you and Fail Safe agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court, except as described below.
- Administrator & rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms.
- Location & format. The arbitration may be conducted by videoconference, by telephone, or based on written submissions, unless an in-person hearing is requested by the arbitrator. If there is an in-person hearing, it will take place in the State of New York unless you and Fail Safe agree otherwise.
- Individual basis only (class action waiver). You and Fail Safe agree that Disputes will be brought only on an individual basis and not as a class, collective, consolidated, or representative action.
- Arbitrator authority. The arbitrator may award on an individual basis any relief that would be available in court, subject to the limitations in these Terms. The arbitrator may not preside over any form of representative or class proceeding.
- Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules. If you demonstrate that the costs of arbitration would be prohibitive compared to court, Fail Safe will consider reasonable requests to reduce or cover fees consistent with applicable law and the AAA rules.
Exceptions. Either party may seek relief in small claims court for disputes within that court’s jurisdiction, and either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized access, misuse, or security breaches.
Jury trial waiver. If a Dispute is brought in court notwithstanding this section, you and Fail Safe waive any right to a jury trial to the maximum extent permitted by law.
20. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs interpretation and enforcement of the arbitration provisions above.
21. DMCA / Copyright Policy
If you believe content infringes copyright, submit a notice via Contact (DMCA). Include: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material, (c) your contact info, (d) a statement of good-faith belief, (e) a statement under penalty of perjury that the notice is accurate and you are authorized, and (f) your physical or electronic signature.
22. Changes to the Services; Changes to These Terms
We may modify or discontinue parts of the Services. We may update these Terms from time to time. If changes are material, we will provide notice as required by law. Continued use after the effective date of an updated version constitutes acceptance.
23. Miscellaneous
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver. Failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or asset sale.
- Force majeure. We are not liable for delays or failures beyond our reasonable control (e.g., internet outages, third-party service failures).
24. Contact
For support, billing, partners/pilots, privacy, data requests, security, legal, or DMCA inquiries, use our Contact page and choose the appropriate subject.