Terms of Use

Effective Date: November 29, 2025

1. Acceptance of These Terms

These Terms of Service ("Terms") form a legally binding agreement between you and CaringMary Inc. ("CaringMary", "we", "us", or "our") governing your access to and use of www.caringmary.com and any subdomains, mobile applications, AI-powered conversational tools, chat features, and related services (collectively, the "Platform").

By accessing or using the Platform, clicking "I Accept", or otherwise indicating consent, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease all use of the Platform.

2. Binding Arbitration & Class Action Waiver

These Terms contain a mandatory arbitration provision and class action waiver. Except for small claims court cases or intellectual property disputes, you and CaringMary agree to resolve any disputes exclusively through final and binding individual arbitration, not in court or by jury trial. You waive any right to participate in a class action lawsuit or class-wide arbitration.

3. Changes to Terms or Platform

We may modify these Terms or any feature of the Platform at any time. The most current version will always be posted here with an updated Effective Date. Material changes will be notified via email or prominent notice on the Platform. Your continued use after changes constitutes acceptance. If you do not agree with changes, you must stop using the Platform.

4. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. You may not use the Platform if you are barred from doing so under applicable law.

5. Description of Our Services

CaringMary operates a free senior-living referral and information service that helps families and individuals explore senior housing and care options, including independent living, assisted living, memory care, residential care homes, home care, and related services.

We provide information, personalized recommendations, shortlists, and direct connections to participating senior living communities, home care agencies, and other providers ("Participating Providers"). Our service is free to families; Participating Providers pay us fees for referrals and marketing services.

Certain features include AI-powered conversational intake, chat, voice, SMS, scheduling tools, and "connect now" functionality designed to streamline the search process. These features do not constitute medical, legal, financial, or professional advice and do not create a caregiver-patient relationship.

We may record or review phone calls, chats, texts, and AI interactions for quality assurance, training, safety, and service improvement purposes.

6. No Endorsement or Recommendation of Providers

Participating Providers are independent third parties solely responsible for their own licensing, staffing, pricing, availability, services, and admission decisions. CaringMary does not own, operate, manage, supervise, or control any Participating Provider.

We do not endorse, guarantee, or recommend any specific provider. Any matches, rankings, shortlists, or AI-generated suggestions are based solely on information you provide and publicly available data — they are for convenience only and are not professional recommendations. You must independently verify all information and conduct your own due diligence.

We are not a party to any agreement between you and any Participating Provider and are not a broker, agent, or placement agency.

7. No Professional or Medical Advice

All content and assistance provided through the Platform is for general informational purposes only and is not medical, healthcare, legal, financial, or other professional advice. Always consult qualified professionals for advice specific to your situation. In case of emergency, call 911 or your local emergency services immediately.

8. Privacy & Consent to Contact

Your use of the Platform is governed by our Privacy Policy, which is incorporated here by reference.

By using the Platform or submitting information, you expressly consent to:

  • Being contacted by CaringMary and Participating Providers via phone, text/SMS, email, or other methods (including automated dialing systems and prerecorded messages) at any number or address you provide, even if on a Do-Not-Call list.
  • Having your information shared with Participating Providers to facilitate services.
  • Recording and monitoring of calls, chats, texts, and AI interactions.

You may revoke consent at any time by following opt-out instructions or contacting us, but this may limit your ability to use certain features.

9. License & Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes only. All other uses are prohibited.

10. Prohibited Conduct

You agree not to (and not to assist others to):

  • Use the Platform for any unlawful purpose or in violation of these Terms.
  • Interfere with, damage, or disrupt the Platform or servers.
  • Use bots, scrapers, or automated tools to access or collect data.
  • Reverse engineer, decompile, or attempt to extract source code.
  • Impersonate any person or entity.
  • Train AI models using Platform content.
  • Upload malicious code or spam.
  • Harass, threaten, or harm others.

Violation may result in immediate termination of access and legal action.

11. Intellectual Property

All content, features, and functionality on the Platform are owned by CaringMary or its licensors and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CaringMary AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless CaringMary and its affiliates from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Platform or violation of these Terms.

15. Termination

We may suspend or terminate your access at any time for any reason without notice. Upon termination, your rights under these Terms immediately cease.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

Any dispute not subject to arbitration will be resolved exclusively in the courts of competent jurisdiction located in Toronto, Ontario, Canada.

17. Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the ADR Institute of Canada under its Arbitration Rules. The arbitration will be held in Toronto, Ontario (or virtually). You waive any right to a jury trial or to participate in a class action.

18. Miscellaneous

These Terms constitute the entire agreement between you and CaringMary. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce any right is not a waiver. We may assign these Terms; you may not.

19. Contact Us

For questions about these Terms, contact us:

Email: legal@caringmary.com
Mail: CaringMary Inc., Attn: Legal Department
9984 Scripps Ranch Blvd #1008, San Diego, CA 92131