CareBoarding Technology Platform Terms and Conditions

Last Updated: 8th May 2025

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of CareBoarding Technology Platform's services, including our website, mobile applications, and healthcare software platform (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

CareBoarding Technology Platform ("CareBoarding," "we," "us," or "our") provides a healthcare technology platform designed to support healthcare providers, specifically in home care and related services. These Terms constitute a legally binding agreement between you and CareBoarding.

2. Definitions

Throughout these Terms, we use specific terminology:

• "Customer" refers to the healthcare organization or entity that has entered into a separate Service Agreement with CareBoarding.
• "User" refers to any individual who uses our Services, including employees, contractors, and agents of our Customers, as well as patients and their family members when accessing patient portals.
• "Authorized User" refers to a User who has been granted access to the Services by a Customer.
• "Content" refers to all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials uploaded, posted, or otherwise transmitted through the Services.
• "Customer Data" refers to all data and information submitted by or on behalf of Customer to the Services, including patient information, health records, and other personal information.

3. Service Agreement

Customers must enter into a separate Service Agreement with CareBoarding before using our Services. In the event of any conflict between these Terms and the Service Agreement, the Service Agreement will prevail.

4. Account Registration and Security

4.1 Account Creation

To access and use our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify CareBoarding immediately of any unauthorized use of your account

4.2 Account Security

You are responsible for all activities that occur under your account. CareBoarding cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

4.3 Authorized Users

Customers are responsible for:

• Managing Authorized Users' access to the Services
• Ensuring Authorized Users comply with these Terms
• Maintaining the confidentiality of all login credentials
• Promptly deactivating accounts when an Authorized User should no longer have access

5. Acceptable Use

5.1 General Requirements

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable law or regulation
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services to transmit any computer viruses, malware, or other malicious code
• Conduct any systematic or automated data collection activities on or in relation to the Services
• Use the Services in any manner that could disable, overburden, damage, or impair the Services

5.2 Healthcare Compliance

When using the Services, you must comply with all applicable healthcare laws and regulations, including but not limited to:

• Health Insurance Portability and Accountability Act (HIPAA)
• Health Information Technology for Economic and Clinical Health Act (HITECH)
• Applicable state, provincial, and local healthcare privacy laws
• Professional licensing requirements and standards of care

6. Intellectual Property Rights

6.1 CareBoarding Intellectual Property

All rights, title, and interest in and to the Services, including all intellectual property rights therein, are and will remain the exclusive property of CareBoarding and its licensors. The Services are protected by copyright, trademark, and other laws of both Nepal and foreign countries.

6.2 License to Use Services

Subject to these Terms, CareBoarding grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.

6.3 Feedback

If you provide feedback, ideas, or suggestions regarding the Services ("Feedback"), you hereby grant CareBoarding a perpetual, irrevocable, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Feedback in the Services.

6.4 Customer Data

Customer retains all rights, title, and interest in and to the Customer Data. Customer grants CareBoarding a limited license to host, copy, transmit, and display Customer Data as necessary to provide the Services.

7. Data Privacy and Security

7.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference.

7.2 Data Security

CareBoarding implements and maintains administrative, technical, and physical safeguards designed to protect Customer Data. However, no method of transmission over the internet or electronic storage is 100% secure, and CareBoarding cannot guarantee absolute security.

7.3 Data Processing

CareBoarding processes Customer Data only in accordance with:

• These Terms
• The applicable Service Agreement
• Customer's written instructions
• Applicable laws and regulations

7.4 Security Breach Notification

CareBoarding will notify Customer of any confirmed unauthorized access to Customer Data in accordance with applicable law and the terms of the Service Agreement.

8. Third-Party Services and Content

8.1 Third-Party Services

The Services may contain links to third-party websites or services. CareBoarding does not control and is not responsible for the content, privacy policies, or practices of any third-party websites or services.

8.2 Integrated Services

CareBoarding may offer integrations with third-party services. Your use of these integrations is subject to the terms and conditions of those third-party services.

9. Disclaimers

9.1 "As Is" and "As Available"

The Services are provided "as is" and "as available," without warranty of any kind, either express or implied. CareBoarding expressly disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9.2 Technical Issues

CareBoarding does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

10. Limitation of Liability

10.1 Exclusion of Damages

In no event will CareBoarding, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of the Services, including any direct, indirect, special, incidental, consequential, or punitive damages.

10.2 Cap on Liability

If, notwithstanding the other provisions of these Terms, CareBoarding is found to be liable to you for any damage or loss, CareBoarding's liability will be limited to the amount paid by Customer for the Services in the 12 months preceding the event giving rise to the liability.

10.3 Essential Purpose

The limitations of liability set forth above are fundamental elements of the basis of the bargain between CareBoarding and you.

11. Indemnification

You agree to defend, indemnify, and hold harmless CareBoarding, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Term and Termination

12.1 Term

These Terms will remain in effect until terminated by you or CareBoarding.

12.2 Termination by You

You may terminate these Terms by discontinuing use of the Services and closing your account.

12.3 Termination by CareBoarding

CareBoarding may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.4 Effect of Termination

Upon termination of these Terms:

• Your right to access and use the Services will immediately cease
• Customer Data will be handled in accordance with the Service Agreement
• Any provision that, by its nature, should survive termination will survive termination

13. Changes to Terms

CareBoarding reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

14. General Provisions

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Nepal, without giving effect to any principles of conflicts of law.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms will be resolved exclusively through binding arbitration in Kathmandu, Nepal, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

14.3 Waiver and Severability

No waiver by CareBoarding of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

14.4 Entire Agreement

These Terms, together with the Privacy Policy and any Service Agreement, constitute the entire agreement between you and CareBoarding regarding your use of the Services.

14.5 Assignment

You may not assign these Terms or any rights or obligations hereunder without CareBoarding's prior written consent. CareBoarding may assign these Terms without restriction.

14.6 Force Majeure

CareBoarding will not be liable for any failure or delay in performing its obligations hereunder where such failure or delay results from any cause beyond CareBoarding's reasonable control.

15. SMS/Mobile Messaging Terms of Service

15.1 Program Description

CareBoarding provides SMS messaging services for two primary use cases:

• OTP (One-Time Password) for secure user authentication
• Informational alerts related to user onboarding, healthcare coordination, and system notifications

By subscribing, users agree to receive automated SMS messages from CareBoarding based on these use cases.

15.2 Opt-Out Instructions

You can cancel the SMS service at any time.

Just text “STOP” to our short code.

After you send "STOP", you will receive a confirmation message and will no longer receive SMS messages from us.

If you wish to rejoin, simply opt in again and we will resume sending SMS messages to you.

15.3 Customer Support

If you are experiencing issues with the messaging program, reply with the keyword HELP,

or contact us directly at: support@careboarding.com or 1-800-555-1234.

15.4 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

15.5 Fees

Message and data rates may apply for any messages sent to or from us.

You will receive messages based on activity (e.g., 1 message per login for OTP; 1–2 per week for updates).

15.6 Privacy

If you have any questions regarding privacy, please read our privacy policy here: https://careboarding.com/privacy-policy

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: admin@careboarding.com