Terms of Use

These Terms of Use (these "Terms") describe the rules for using the Evergreen Care, Inc. website and proprietary software platform (collectively, the “Platform”).

The purpose of the Platform is to enable users to manage daily tasks such as setting reminders and seekers of certain information, products, and service providers to search for those products and services, and to assist with effectively locating and scheduling appointments with those products and services (the “Services”). These Terms apply to your use of the Platform as a user of task management tools and a seeker of certain products and services, and constitute a legally binding agreement between you, the person using this Platform, and Evergreen Care, Inc. (“Evergreen AI” or the “Company”). The Services may be available on a standard (free) basis or on a premium (paid) basis. Additional terms may apply to the use of premium Services.

Terms such as "we" or "our" and "Company" refer to Evergreen Care, Inc. and its affiliate entities. By using this Platform, you agree to the most recent Terms. We will notify you of any changes to these Terms by posting a notice of the changes on this or a similar page of this Platform. It is your responsibility to review these Terms each time you use this Platform. By continuing to use this Platform, you consent to any changes to our Terms.

By using this Platform, you acknowledge and agree that any activity on this Platform is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law and in accordance with our Privacy Policy. Please refer to our Privacy Policy for information relating to our collection, use and disclosure of your personal information.

This Platform is intended for use within certain geographic regions of the United States only. These Terms do not apply to the practices of the third-party services Evergreen Care, Inc. has a relationship with or to other companies or individuals that Evergreen Care, Inc. does not own, employ, manage, or control.

This Platform and the Services are not a substitute or replacement for qualified medical or other professional care. Always consult with your existing doctor or healthcare provider for assistance relating to medical conditions or symptoms. Never ignore or disregard qualified professional advice, or otherwise delay or avoid taking action. IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY SERVICE PROVIDER (OR 911) IF YOU BELIEVE YOU ARE HAVING ANY LIFE-THREATENING OR MEDICAL EMERGENCY.

Use of this Platform

Our Platform is designed to support your daily tasks and help you find information, products, and services specific to your needs. Our Service allows you to ask questions and find answers about technology, care, your local community, and other information, products, and services. Any health information is not medical care and does not create any doctor-patient relationship, nor should it be used as a substitute for medical advice, diagnosis, treatment or care from a qualified physician. You should use common sense and, where appropriate, consult your existing doctor when making health decisions.

Subject to these Terms, we grant you the right to access the Platform for the purpose of managing daily tasks, accessing the information on our Platform and providing user-specific information and content (the “Content”) that will enable our Platform to provide the Services in compliance with applicable laws and regulations. All rights, title and interest in and to the Platform, excluding the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of entering into this Agreement.

If you breach any of these Terms, your access to the Services terminates immediately and you must stop using this Platform.

Communications

When you use our Services or access our Platform, you agree that we may send you communications or content via email, phone, standard SMS text, mail, or chat, as provided by you. You understand and agree that by using these features, you are expressly opting into receiving your own information by your chosen method of communication. There is always a risk that such communications could be intercepted or accessed without your authorization, and you release us from any liability arising from or related to any such interception or unauthorized access.

You can adjust or opt out of email communications by following the unsubscribe instructions in the application email. Likewise, you can choose to end a chat at any time by indicating as much on the chat, or by following the instructions on our website. We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. See our Privacy Policy for information around how your personal information is used and stored by us.

Restrictions on use of this Platform

You agree:

not to use this Platform or Content in any way not explicitly permitted by these Terms or the text of the Platform itself;
not to misrepresent your identity or provide us with any false information in any information-collection portion of this Platform, such as a registration or enrollment application page;
not to take any action intended to interfere with the operation of this Platform or copy or modify the Platform;
not to access or attempt to access any portion of this Platform to which you have not been explicitly granted access;
not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
not to directly or indirectly authorize anyone else to take actions prohibited in this section;
to comply with applicable laws and regulations while using this Platform or the Content.

You represent and warrant that you are at least 18 years of age.

Posting Content

You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any Content submitted by you or any other user. We may, but are not obligated to, restrict or remove any and all Content that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our partners, or any third party. We reserve the right to remove the Content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.

You represent and warrant that any Content you post is accurate; that use of the Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.

With the exception of any personal data or information you provide to us (which shall be maintained in accordance with our Privacy Policy), any Content you submit is without any restrictions or expectation of compensation, privacy, or confidentiality.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Platform infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: hello@getevergreenai.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Platform should be sent to the address above.

Additional User Guidelines

By using the Platform and Services, you agree to abide by the following guidelines. Violations may result in limitation, suspension or termination of your access to the Platform or Services:

You agree to engage with our conversational interface in a respectful manner and to avoid using inappropriate language.
You agree that you will not use the Services in a manner that is unlawful, harmful to yourself or others, abusive, defamatory, slanderous, or libelous, or otherwise offensive or threatening.

NO WARRANTIES

The Platform is designed to be used with common sense and in connection with the advice of your existing doctor, care provider, and other professional advisors. Reliance on the Platform or the Service is solely at your own risk, and we cannot guarantee specific goals or results related to health and other areas.

THE PLATFORM IS NOT A MEDICAL OR PROFESSIONAL ADVICE SERVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL AND MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION ON THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RESPECTING NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Use of the terms “partner” and “partnering” herein is not intended to convey or imply the existence of a legal partnership or joint venture relationship with any entity.

Some states do not allow limitations on implied warranties, so one or more of the limitations set forth in these Terms may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

LIMITATION OF LIABILITY

YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE COMPANY, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE COMPANY, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COMPANY, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE PLATFORM OR CONTENT ARE EXCLUDED EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS PLATFORM AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS PLATFORM OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

Governing law and statute of limitations

The laws of The State of California govern these Terms and any cause of action arising under or relating to your use of the Platform, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Platform, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Platform, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Additional Terms for California Residents

If you are a California resident, you waive to the maximum extent permitted by law California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Force Majeure

The Company shall not be liable for any delay or failure to perform, including without limitation any interruption of access to the Platform, resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet Service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

To contact us regarding these Terms or the operation of the Platform itself, contact us at hello@getevergreenai.com.

Additional terms

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, the Company, including all affiliates and their subsidiaries, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Platform. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.

How To Contact Us

Should you have any questions or complaints regarding violations of these Terms, please contact us at hello@getevergreenai.com.

Last Updated: December 8, 2024