AlignCare - Terms of Service

Originally effective: November 3, 2025 · Last updated: August 19, 2026 · This version effective: August 24, 2026

These Terms of Service ("Terms") govern your access to and use of the AlignCare mobile application and related services, including any recordings, transcription, summaries, notes, translation, reminders, sharing, and AI-powered features we make available (collectively, the "Service" or "App"). The Service is owned and operated by Frannaks Healthcare Advisory LLC ("Frannaks Healthcare Advisory LLC," "we," "us," or "our").

By downloading, accessing, creating an account for, subscribing to, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. The Service and Important Notices

AlignCare provides tools to help users organize, understand, and manage health-related information. Features may include recording and transcribing healthcare visits, generating summaries or notes, translating certain content, creating reminders, asking health-related questions through AI-powered features, and sharing content with others at your direction.

Feature Availability; Plus Subscription. Some features of the App may require a paid subscription ("Plus"). Feature availability may vary by platform, region, plan, subscription status, device, operating system, and app version. We may add, remove, suspend, limit, or modify features included in Free or Plus at any time, subject to applicable law and applicable app store requirements.

No Medical Advice. The Service is for informational, organizational, and convenience purposes only. The Service does not provide medical advice, diagnosis, treatment, or clinical recommendations. The Service is not a substitute for advice from a qualified healthcare professional. Always seek the advice of a physician, therapist, pharmacist, or other qualified healthcare provider with questions about a medical condition, diagnosis, medication, treatment, therapy, or care plan.

Not for Emergencies. Do not use the Service for emergencies or urgent medical needs. If you think you may have a medical emergency, call 911 or your local emergency number immediately.

No Doctor-Patient Relationship. Frannaks Healthcare Advisory LLC is not a healthcare provider, health plan, healthcare clearinghouse, physician group, therapy provider, pharmacy, or medical practice. Use of the Service does not create a doctor-patient, therapist-patient, pharmacist-patient, or other professional healthcare relationship between you and Frannaks Healthcare Advisory LLC.

Not a Medical Device. AlignCare is not intended to be, and should not be used as, a medical device, clinical decision-support tool, diagnostic tool, treatment tool, medical monitoring system, or emergency response system. The Service is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease or medical condition.

No Critical Reliance. You should not rely on the Service to monitor symptoms, detect emergencies, manage critical medication schedules, make time-sensitive clinical decisions, or replace your own judgment or the judgment of a qualified healthcare professional.

2. Eligibility

You must be at least 18 years old to create an account or use the Service on your own behalf. Minors may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

The App is not intended for unsupervised use by children under 13. A parent or legal guardian may use AlignCare to manage information about a minor child, subject to these Terms and our Privacy Policy.

Every Care Circle member holds their own AlignCare account, and account holders must be 18 or older. You therefore may not invite a person under 18 to a Care Circle. If you manage health information for a minor, use a Shared Profile instead. A relationship label of "Child" in a Care Circle refers to an adult child. A parent or legal guardian is responsible for any consent required to record, store, or share a minor's health information, which may carry additional legal obligations.

By using the Service, you represent and warrant that you meet these requirements and that you have the legal authority to agree to these Terms.

3. Account Registration and Security

To use certain features, you must create an account using an email/password or supported third-party login, such as Apple or Google.

You agree to:

provide accurate, current, and complete information;
keep your account information updated;
maintain the confidentiality and security of your login credentials;
use a secure device and reasonable security practices; and
promptly notify us if you suspect unauthorized access to or use of your account.

You are responsible for all activity under your account, whether or not authorized by you, unless applicable law provides otherwise. Frannaks Healthcare Advisory LLC is not responsible for losses arising from your failure to protect your account, device, credentials, or authentication methods.

Biometric Authentication. If you enable Face ID, Touch ID, Android Biometrics, or similar device-based authentication, authentication occurs through your device and operating system. Frannaks Healthcare Advisory LLC does not collect, store, or transmit your biometric identifiers.

4. User Content; Recording and Consent Obligations

"User Content" means any content, information, or materials that you submit, upload, record, store, transmit, generate, or share through the Service, including audio recordings, transcripts, summaries, notes, translations, reminders, uploaded documents, messages, questions, responses, and shared content.

You are solely responsible for your User Content and for how you use the Service. You represent and warrant that:

you own or have all necessary rights, permissions, and authority to submit, upload, record, store, process, translate, transmit, and share your User Content;
your User Content does not violate any law or infringe, misappropriate, or violate any third-party rights, including privacy, confidentiality, publicity, intellectual property, contractual, or healthcare-related rights;
you have obtained all required permissions and consents before recording any conversation, visit, appointment, session, provider, staff member, caregiver, interpreter, family member, or other person;
you have obtained all required permissions and consents, and hold any required legal authority, before uploading, processing, translating, or sharing information about any third party, including any person whose information you maintain in a Shared Profile;
your use of the Service complies with all applicable recording, consent, privacy, consumer protection, healthcare, and data protection laws, including any "one-party consent," "all-party consent," or facility-specific recording rules that may apply; and
you will not record where recording is prohibited by law, provider policy, facility policy, or the stated preferences of participants.

You are solely responsible for notifying participants that a recording is occurring where required by law or appropriate under the circumstances. Frannaks Healthcare Advisory LLC is not responsible for your failure to obtain consent or comply with applicable recording, privacy, or healthcare-related laws.

We may remove User Content and/or suspend or terminate accounts if we believe User Content or use of the Service violates these Terms, our Privacy Policy, applicable law, third-party rights, or the safety, security, or integrity of the Service.

5. License You Grant to Frannaks Healthcare Advisory LLC

You retain ownership of your User Content. To operate the Service, you grant Frannaks Healthcare Advisory LLC a limited, non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, transmit, translate, display, and otherwise use your User Content only as necessary to provide, maintain, secure, support, personalize, and improve the Service, including to perform recording, transcription, summarization, translation, reminders, account management, subscription management, support, security, and sharing functions at your direction.

This license continues until your account is deleted and your User Content is removed from our active systems in accordance with Section 12 and our Privacy Policy, except that backup copies, logs, legal records, or other limited retained information may remain for the periods described in our Privacy Policy or as required or permitted by law.

Model Training. We do not use your recordings, transcripts, notes, uploaded documents, translations, or health-related chat content to train third-party foundation models. We may use aggregated, de-identified, or non-identifying information to maintain, secure, analyze, and improve the Service, where permitted by law.

6. Your License to Use the Service

Subject to these Terms, Frannaks Healthcare Advisory LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.

You may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, create derivative works of, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service or any portion of it, except as expressly permitted by law.

iOS Notice. If you download the App from the Apple App Store, the license granted for the iOS version is subject to and limited by the Apple Standard EULA and Apple's Usage Rules, as described in Section 14.

7. Acceptable Use

You agree not to, and not to assist others to:

use the Service for unlawful, harmful, deceptive, abusive, harassing, fraudulent, or unauthorized purposes;
use the Service in violation of applicable law, these Terms, our Privacy Policy, app store rules, or third-party rights;
upload, record, process, translate, or share content you do not have the right to use, including third-party health information without authorization;
record any person or healthcare visit without all legally required permissions and consents;
attempt to access, use, modify, or interfere with other users' accounts, data, or devices;
reverse engineer, decompile, disassemble, bypass, disable, or interfere with any security, access control, rate limit, or technical restriction;
introduce malware, spyware, harmful code, scraping, abusive automation, denial-of-service activity, or other interference;
use the Service to develop, train, or improve competing products or services;
use the Service to provide services to third parties as a business or for commercial purposes without our prior written consent;
misrepresent outputs from the Service as medical advice, diagnosis, treatment, or professional healthcare guidance;
misuse, further disclose, or use another Care Circle member's health information for any purpose other than helping that person track their health;
invite anyone to a Care Circle whom you do not personally know or who has not agreed to hear from you, or use the invitation feature for bulk, commercial, or promotional messaging;
post a Care Circle invitation link publicly or distribute invitation links indiscriminately;
copy, export, or re-distribute another person's shared records beyond the view-only access they granted you, or attempt to circumvent any access limit, view-only restriction, or revocation;
coerce, pressure, or deceive another person into joining a Care Circle or into sharing information with you;
accept a Care Circle invitation that was not intended for you, or create an account using a name or identity that is not your own;
use the Service to make automated decisions about another person's care, employment, insurance, benefits, or legal rights; or
use the Service in any way that could damage, disable, overburden, impair, or compromise the Service or our systems.

Violation of this Section may result in suspension or termination of your account and access to the Service.

8. AI, Transcription, Summary, and Translation Features Disclaimer

The Service may provide AI-generated or automated outputs, including transcripts, summaries, notes, suggested questions, translations, reminders, or chat responses.

You understand and agree that:

AI, transcription, summary, translation, and reminder outputs may be inaccurate, incomplete, delayed, mistranslated, inappropriate, outdated, or misleading;
recordings may be unclear, incomplete, interrupted, or affected by background noise, device issues, speaker overlap, connectivity, or other factors;
transcripts may omit, mishear, or misstate words, medications, dosages, diagnoses, instructions, dates, names, or other important details;
summaries and notes may omit important context or may incorrectly emphasize, categorize, or interpret information;
translations may be inaccurate or incomplete and should not be relied on for medical decisions without confirmation from a qualified healthcare professional or qualified interpreter;
Nora chat and other AI-powered features are for informational purposes only and are not medical advice, diagnosis, treatment, or professional healthcare guidance; and
you are responsible for reviewing, verifying, and confirming all outputs with a qualified healthcare professional before relying on them for any health-related decision.

You should not use AI, transcription, summary, translation, or reminder outputs as the sole source of truth for medications, dosages, appointments, diagnoses, treatment plans, discharge instructions, therapy guidance, or other health-related information.

9. Sharing Features

If you choose to share User Content with others, including family members, caregivers, friends, providers, or other recipients, you understand and agree that:

you control whether, when, what, and with whom you share, and being in the same Care Circle does not by itself give anyone access to your information;
you are responsible for confirming that you are sharing with the person you intend, including sending an invitation link only to that person;
you are responsible for ensuring you have the legal right and consent to share the information, including where the information concerns someone other than yourself;
recipients may copy, save, screenshot, disclose, forward, or re-share information outside the Service; and
Frannaks Healthcare Advisory LLC is not responsible for any disclosure, misuse, loss, or re-sharing of information after you share it with a third party.

If you shared visits by email using an earlier version of the App, those shares remain viewable and revocable in the App. Current versions do not create new email shares.

10. Care Circle

How Care Circles Work

A Care Circle lets you invite family, partners, friends, and caregivers to help you keep track of your health.

You own exactly one Care Circle, and you may be a member of any number of other people's Care Circles.
Only the owner of a circle may invite people to it, remove members, edit member labels, or change what members can see. Members cannot invite anyone or manage the circle.
Membership is one-way. Accepting an invitation adds you to that person's circle. It does not add them to yours and gives them no access to your information.
You may leave any Care Circle you have joined at any time.
There is no limit on the number of members in a Care Circle.

Membership Alone Grants No Access

Being in a Care Circle does not by itself let anyone see your health information. Every disclosure is a separate, explicit choice, and all access granted through Care Circle is view-only and revocable. You may:

share specific visits or medications with specific people, choosing for a visit whether the share includes the recording, the transcript, and the summary; or
give a specific member ongoing access to visits and/or medications for yourself or for a Shared Profile you manage, covering either your existing history together with future records, or only records created going forward.

Ongoing and Future Access. If you enable ongoing access that includes future records, records you create later become visible to that member automatically, without a further prompt, until you turn the access off. You acknowledge and agree to that continuing disclosure when you enable it. Ongoing access applies only to the profiles you selected at the time; a Shared Profile created later is never added automatically.

Sharing Another Person's Records. If you share records belonging to a Shared Profile you manage — for example a child, a parent, or another person whose care you help manage — you represent and warrant that you have the legal authority and any required consent to disclose that person's health information to the people you select.

View-Only Access. A person you share with may view what you shared. They may not edit or delete your records, log doses, change your reminders or notification settings, or re-share your records through the Service. AI features available to a recipient, such as reviewing a shared medication, read the shared information without changing your records.

Revocation. You may delete a pending invitation, revoke a specific share, turn off ongoing access, or remove a member at any time. Removal, revocation, and a member's departure end that person's access immediately.

No Medical Advice — Information About Others. The "No Medical Advice" and other disclaimers in Section 1 apply equally to any information you view about another person within a Care Circle. Information viewed in a Care Circle is for informational and organizational purposes only and is not medical advice.

Inviting People to a Care Circle

When you invite someone, AlignCare creates a private, single-use invitation link and opens your device's normal sharing options so that you can send it yourself through the messaging app of your choice. The message is sent by you, from your own account — not by AlignCare. AlignCare does not collect the phone number of the person you invite and does not contact them. Standard message and data rates from your carrier or messaging service may apply to messages you send.

Because you send the invitation yourself, AlignCare cannot confirm that it was delivered or read, and shows the invitation as pending until the person joins. A pending invitation expires 30 days after it is created.

The Invitation Link Is a Credential. The invitation link is not tied to a phone number or email address. Anyone who obtains it may use it to join your Care Circle until it is used, expires, or you delete it. You are responsible for sending it only to the person you intend to invite, for not posting it publicly, and for deleting it promptly if it reaches anyone else. Frannaks Healthcare Advisory LLC is not responsible for a person joining your Care Circle by means of an invitation link that you sent, forwarded, or otherwise made available.

Your Responsibility for Care Circle Sharing

You are solely responsible for your Care Circle: whom you invite, how you send each invitation, what you share, with whom, and for how long. You represent and warrant that:

you have a personal relationship with each person you invite and their permission to contact them;
every person you invite is at least 18 years old;
you have the legal right and any required authority or consent to disclose everything you share, including information about a Shared Profile or any person other than yourself; and
you will review and maintain your own sharing settings, including turning off access you no longer intend to give.

You acknowledge and agree that:

an invitation link is not tied to a phone number or email address, and any person who obtains it may use it to join your Care Circle until it is used, expires, or you delete it;
if you attached records to an invitation, those records become visible to whoever accepts it, automatically and without any further confirmation from you;
we do not verify the identity of any person who accepts an invitation or joins a Care Circle, and a person may create an account using any name;
we cannot confirm that an invitation was delivered, or that it reached the person you intended;
view-only access is a limit on what the Service permits, not a guarantee of confidentiality — a recipient can photograph, screenshot, transcribe, describe, or otherwise repeat what they see, and we cannot prevent it;
revoking a share, turning off access, removing a member, or a member leaving stops further access going forward only; it does not retrieve, delete, or disable anything a person already viewed, copied, or stored; and
if you enable ongoing access that includes future records, we will not prompt you again, and records you create later will be disclosed under that setting until you turn it off.

You may not use the invitation feature for bulk, commercial, or promotional purposes. You are responsible for the messages you send to the people you invite, including any reminders you choose to send them, and for complying with all laws that apply to those communications. You agree to indemnify Frannaks Healthcare Advisory LLC against claims arising from messages you send to the people you invite or from your distribution of an invitation link.

No Responsibility for Other People

Frannaks Healthcare Advisory LLC is not a party to your relationship with anyone you invite, share with, or receive information from. We do not screen, verify, vet, supervise, monitor, or enforce the conduct of Care Circle members.

To the maximum extent permitted by law, Frannaks Healthcare Advisory LLC is not responsible or liable for:

an invitation that reaches, or is accepted by, a person other than the one you intended, including where you sent it to the wrong person or where it was forwarded, shared, intercepted, or otherwise obtained by someone else;
any person's use, misuse, disclosure, re-disclosure, retention, or publication of information you shared with them;
a recipient's failure to keep shared information confidential;
any harm arising from a sharing setting you enabled, or failed to disable; or
any act or omission of any Care Circle member.

Any obligation a recipient has to keep your information confidential is owed to you, not to us, and is yours to enforce.

Information Shared With You

If another person shares information with you through a Care Circle, you agree that:

you will keep it confidential and will not misuse it, disclose it further, or use it for any purpose other than helping that person with their health;
what you can see is only what that person chose to share. It may be partial, incomplete, out of date, or missing context, and it is not a complete medical record;
you must not rely on it — or on the absence of anything in it — for any medical, medication, dosing, treatment, or care decision, and the disclaimers in Sections 1 and 8 apply fully to it;
the person who shared it may change or end your access at any time, without notice, and we do not guarantee continued access; and
you must not use it to make or inform any decision about that person's or anyone else's employment, insurance, benefits, credit, housing, custody, or legal rights.

11. Subscriptions, Billing, Cancellation, and Refunds

AlignCare offers free and paid plans. Subscription billing is processed by the applicable app store provider, such as the Apple App Store or Google Play ("Store Provider"), and is subject to the Store Provider's terms, conditions, billing rules, cancellation procedures, and refund policies.

Plans. AlignCare offers a Free tier, Plus for one person, and a Care Circle family plan purchased by a Care Circle owner that extends Plus features to that owner and to the active members of their Care Circle. Viewing records that someone has shared with you is always free and does not require a subscription.

Care Circle family plan. The plan covers the purchaser's own Care Circle only; it does not extend to circles the purchaser has joined as a member. If the subscription is canceled or lapses, plan features end when the paid entitlement expires, but no one is removed from the circle and nothing already shared is deleted or changed.

Pricing and Plan Terms. Current subscription pricing, billing period, trial terms, renewal terms, plan limits, and included features are disclosed at the point of purchase and may vary by region, platform, promotion, plan, device, or Store Provider.

Auto-Renewal. Subscriptions renew automatically unless canceled before the end of the then-current billing period, as required by the applicable Store Provider.

Cancellation. You must cancel your subscription through your Store Provider account settings. Deleting the App or deleting your AlignCare account does not cancel an active subscription. You must cancel your subscription through the Apple App Store or Google Play.

Refunds. Refunds, if any, are handled by the Store Provider according to its policies and applicable law. Frannaks Healthcare Advisory LLC does not directly process Store Provider refunds.

Price Changes. Price changes typically take effect at renewal, subject to Store Provider rules and any required notices.

Plan Features May Change. We may add, remove, suspend, limit, or modify features included in Free or Plus and may introduce new plans, pricing, trials, promotions, or usage limits at any time, subject to applicable law and Store Provider requirements.

12. Data Security, Deletion, and Retention

We use safeguards designed to protect your information, including encryption in transit and at rest for sensitive data stored by the App. However, no system, network, device, or transmission method can be guaranteed to be 100% secure. You use the Service and share information through the Service at your own risk.

Individual Recording Deletion. The Service supports deletion of individual recordings. If you delete an individual recording, associated transcripts, summaries, notes, translations, or derived outputs may also be deleted or may require separate deletion depending on the feature and app functionality. Deletion may not immediately remove all copies from backups, logs, or systems where retention is required or permitted by law.

Account Deletion. You may delete your account through the App or by contacting us. Deleting your account permanently removes your recordings, transcripts, AI outputs, summaries, notes, translations, uploaded documents, and profile data from our active systems within 30 days, except where retention is required or permitted by law.

Backups. Backup copies, if any, are securely overwritten or deleted within standard retention windows, generally up to 90 days, unless retention is required by law or necessary for security, fraud prevention, legal compliance, dispute resolution, service integrity, or backup restoration purposes.

Subscription Reminder. Deleting your account does not cancel an active subscription purchased through the Apple App Store or Google Play. You must cancel subscriptions through the applicable Store Provider.

Additional details are provided in our Privacy Policy.

13. HIPAA

AlignCare is a consumer-facing health management app provided directly to users by Frannaks Healthcare Advisory LLC. We are generally not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), and information you enter into AlignCare is generally not "protected health information" or "PHI" under HIPAA because it is not collected by us on behalf of a HIPAA-covered entity.

Unless Frannaks Healthcare Advisory LLC enters into a separate written Business Associate Agreement with a HIPAA-covered entity or business associate, Frannaks Healthcare Advisory LLC is not acting as a HIPAA business associate.

If AlignCare later integrates directly with HIPAA-covered entities in a manner requiring us to act as a business associate, Frannaks Healthcare Advisory LLC will execute appropriate Business Associate Agreements where required and update applicable documentation accordingly.

14. Apple Standard EULA and App Store Terms

If you download the App from the Apple App Store, your use of the iOS version of the App is also governed by Apple's Licensed Application End User License Agreement, Apple's Usage Rules, and the Apple Media Services Terms and Conditions, as applicable.

The Apple Standard EULA governs the license to the iOS application itself. These Terms govern your access to and use of the Service and your relationship with Frannaks Healthcare Advisory LLC, including subscriptions, acceptable use, user content, privacy references, and other service terms, to the extent permitted and not in conflict with the Apple Standard EULA, Apple's Usage Rules, or the Apple Media Services Terms and Conditions. If there is a conflict, the Apple Standard EULA controls solely with respect to the iOS app license.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms solely with respect to the iOS App and may enforce these Terms against you as third-party beneficiaries to that extent.

If you download the App through Google Play, your use may also be subject to Google Play's applicable terms and policies.

15. Third-Party Services and Third-Party Terms

The Service may integrate with, rely on, or make available third-party services, including app store billing, sign-in providers, cloud infrastructure, analytics, crash reporting, transcription providers, AI providers, translation providers, notification services, and other service providers.

You agree to comply with all applicable third-party terms when using the Service, including Store Provider terms, device terms, wireless data service terms, and any third-party terms applicable to integrated services.

We are not responsible for third-party services, third-party systems, third-party availability, third-party security, or third-party content. Your use of third-party services may be governed by separate terms and privacy policies.

16. Intellectual Property; Feedback

The Service, including software, source code, object code, designs, interfaces, graphics, logos, trademarks, service marks, trade names, text, non-User Content materials, and all related intellectual property rights, is owned by Frannaks Healthcare Advisory LLC or its licensors and is protected by intellectual property and other laws.

Except for the limited license granted to you in these Terms, we reserve all rights in and to the Service. No rights are granted to you by implication or otherwise.

Feedback. If you provide feedback, ideas, suggestions, bug reports, or recommendations, you grant Frannaks Healthcare Advisory LLC a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify, distribute, commercialize, and otherwise exploit that feedback without restriction, attribution, or compensation to you.

17. Service Availability and Changes

The Service may be interrupted, delayed, inaccurate, limited, suspended, or unavailable for many reasons, including maintenance, updates, outages, network failures, device settings, operating-system restrictions, app store issues, third-party provider failures, security incidents, legal requirements, or events beyond our control.

We may change, suspend, discontinue, replace, limit, or remove any feature or part of the Service at any time, subject to applicable law and app store requirements. We do not guarantee that any feature will always be available or continue to operate in its current form.

18. Reminders and Notifications

The Service may allow you to create medication, appointment, task, or other reminders. Reminders are provided for convenience only.

Reminders may fail, be delayed, be inaccurate, or not appear due to device settings, notification permissions, battery optimization, focus modes, operating-system restrictions, connectivity, location accuracy, service outages, app updates, user error, or other factors.

You remain solely responsible for independently managing appointments, medications, dosages, care instructions, follow-ups, and health-related tasks. Do not rely on the Service as your sole reminder system for medications, appointments, or urgent care needs.

19. Termination

We may suspend, restrict, or terminate your access to the Service at any time if we believe that:

you violated these Terms or our Privacy Policy;
your use poses a security, legal, privacy, fraud, abuse, or operational risk;
your User Content or conduct may harm other users, third parties, the Service, or Frannaks Healthcare Advisory LLC;
we are required or permitted to do so by law, app store rules, or third-party service requirements; or
termination is necessary to protect the Service, users, third parties, or Frannaks Healthcare Advisory LLC.

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive, including sections regarding User Content, licenses, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and miscellaneous provisions.

20. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANNAKS HEALTHCARE ADVISORY LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, SECURITY, RELIABILITY, AND THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, COMPLETE, OR FREE OF HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, FRANNAKS HEALTHCARE ADVISORY LLC DOES NOT WARRANT THAT RECORDINGS, TRANSCRIPTS, SUMMARIES, NOTES, TRANSLATIONS, REMINDERS, NORA CHAT, AI OUTPUTS, OR OTHER SERVICE OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE, OR APPROPRIATE FOR YOUR CIRCUMSTANCES.

WITHOUT LIMITING THE FOREGOING, FRANNAKS HEALTHCARE ADVISORY LLC DOES NOT WARRANT THAT AN INVITATION WILL REACH OR BE ACCEPTED ONLY BY THE PERSON YOU INTENDED, THAT ANY CARE CIRCLE MEMBER IS WHO THEY CLAIM TO BE, THAT INFORMATION SHARED WITH YOU IS COMPLETE, ACCURATE, OR CURRENT, OR THAT ANY RECIPIENT WILL KEEP SHARED INFORMATION CONFIDENTIAL OR USE IT AS YOU INTEND.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANNAKS HEALTHCARE ADVISORY LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, BUSINESS, OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

YOUR RELIANCE ON RECORDINGS, TRANSCRIPTS, SUMMARIES, NOTES, TRANSLATIONS, REMINDERS, NORA CHAT, AI OUTPUTS, OR OTHER SERVICE OUTPUTS;
ANY MEDICAL, HEALTHCARE, THERAPY, MEDICATION, OR TREATMENT DECISION;
ANY MISSED, DELAYED, INACCURATE, OR FAILED REMINDER OR NOTIFICATION;
ANY ERROR, OMISSION, OR INACCURACY IN TRANSCRIPTION, SUMMARIZATION, TRANSLATION, OR AI OUTPUTS;
ANY UNAUTHORIZED ACCESS, USE, DISCLOSURE, OR LOSS OF DATA;
ANY THIRD-PARTY SERVICES, THIRD-PARTY CONTENT, OR THIRD-PARTY ACTIONS;
ANY PERSON OBTAINING ACCESS TO YOUR CARE CIRCLE OR TO INFORMATION YOU SHARED, INCLUDING THROUGH AN INVITATION LINK YOU SENT, FORWARDED, OR OTHERWISE MADE AVAILABLE;
ANY USE, MISUSE, DISCLOSURE, RE-DISCLOSURE, OR RETENTION OF SHARED INFORMATION BY A CARE CIRCLE MEMBER OR OTHER RECIPIENT;
ANY SHARING SETTING YOU ENABLED OR FAILED TO DISABLE, INCLUDING ONGOING ACCESS TO FUTURE RECORDS;
ANY DECISION MADE BY YOU OR ANY OTHER PERSON BASED ON, OR ON THE ABSENCE OF, INFORMATION SHARED THROUGH A CARE CIRCLE;
YOUR FAILURE TO OBTAIN REQUIRED RECORDING OR SHARING CONSENTS; OR
YOUR SHARING OF USER CONTENT WITH THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FRANNAKS HEALTHCARE ADVISORY LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) $100 OR (B) THE AMOUNTS YOU PAID TO FRANNAKS HEALTHCARE ADVISORY LLC FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability will be limited to the fullest extent permitted by law.

22. Indemnification

You agree to indemnify, defend, and hold harmless Frannaks Healthcare Advisory LLC and its affiliates, officers, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

your User Content;
your use or misuse of the Service;
your violation of these Terms or our Privacy Policy;
your violation of applicable law;
your violation of third-party rights;
your failure to obtain required recording, privacy, sharing, or other consents;
your sharing of User Content with third parties;
your Care Circle invitations, including whom you invited and how you distributed an invitation link;
your sharing of another person's health information, including information belonging to a Shared Profile;
what any person you shared information with does with that information, including their use, misuse, disclosure, re-disclosure, retention, or publication of it;
any claim brought by a person whose information you shared, or by a person who received information from you, through the Service; or
any health-related, medical, therapy-related, medication-related, or care-related decision made by you or anyone using or receiving your User Content.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

23. Dispute Resolution; Arbitration; Class Action Waiver; U.S. Users

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

23.1 Informal Resolution

Before filing a claim, you agree to contact us at franklyn@aligncare.ai with a brief description of the dispute and your contact information. We will try to resolve disputes informally within 30 days.

23.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute or claim arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an eligible claim in small claims court, and Frannaks Healthcare Advisory LLC may seek temporary, preliminary, or permanent injunctive or equitable relief in court for claims involving actual or threatened infringement, misuse, or unauthorized use of intellectual property, unauthorized access to the Service or user data, interference with the Service, security-related misconduct, or violation of confidentiality or access restrictions.

23.3 Class Action Waiver

YOU AND FRANNAKS HEALTHCARE ADVISORY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.

23.4 Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing franklyn@aligncare.ai with the subject line "Arbitration Opt-Out" and your name and account email.

23.5 Small Claims

Either party may bring an eligible claim in small claims court instead of arbitration.

24. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules, except where federal law applies, including the Federal Arbitration Act for Section 23.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service, by email, or by other reasonable means. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.

If you do not agree to updated Terms, you must stop using the Service and cancel any active subscription through the applicable Store Provider.

26. Miscellaneous

Entire Agreement. These Terms and the Privacy Policy form the entire agreement between you and Frannaks Healthcare Advisory LLC regarding the Service.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, operation of law, or other corporate transaction.

Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Force Majeure. We are not liable for delays, failures, or interruptions caused by events beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, internet or telecommunications failures, cloud provider failures, app store issues, government actions, or other events outside our control.

Electronic Communications. You consent to receive notices and communications electronically, including through the App, by email, or by other electronic means.

No Third-Party Beneficiaries. Except as expressly stated with respect to Apple in Section 14, these Terms do not create rights for any third party.

27. Contact

Frannaks Healthcare Advisory LLC
8735 Dunwoody Pl Ste R
Atlanta, GA 30350 USA
Email: franklyn@aligncare.ai