Terms of Service

LoupeCare ("we," "us," "our") provides a personal health record and care-coordination platform for individuals and families managing caregiving responsibilities. The Service is offered by LoupeCare, Inc., a Florida corporation.

LoupeCare is not a HIPAA covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA). Information you store in LoupeCare is a Personal Health Record (PHR) maintained by you, the individual, for your own personal use. It is governed by the FTC Health Breach Notification Rule, not HIPAA. Do not rely on LoupeCare to satisfy HIPAA obligations applicable to covered entities or business associates.

LoupeCare is not a medical provider and does not provide medical, clinical, legal, or financial advice. Nothing on the platform constitutes medical advice or creates a provider-patient relationship.

You must be at least 18 years old to create an account. By registering, you represent and warrant that all information you provide is accurate and that you have the legal authority to act on behalf of any care recipient whose information you add to the platform.

When you create a Circle and invite members, you represent that you have the legal authority and/or the express permission of the care recipient to coordinate their care information on this platform. You are responsible for all activity that occurs under your account and for managing member access appropriately.

You may not share your login credentials. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Upload content you do not have the right to share
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to store or transmit malicious code
• Use automated means to access the Service without our express permission
• Rely on AI-generated outputs as a substitute for professional medical, legal, or insurance advice — AI tools on the platform are informational only

LoupeCare provides AI-powered tools and a conversational assistant. All AI outputs are AI-generated and may contain errors. They are not medical advice. Always verify AI outputs with a qualified healthcare professional before acting on them. The responsibility for all care decisions remains with you and your care team.

AI features are processed via Google Vertex AI under a Business Associate Agreement. Your care information is not used to train third-party models.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

We use industry-standard security measures including AES-256 encryption with customer-managed encryption keys (CMEK), role-based access controls, and audit logging. Security measures do not guarantee absolute security.

Certain features of LoupeCare require a paid subscription. Subscription fees are billed in advance on a recurring basis. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. We do not provide refunds for unused portions of a subscription period except where required by applicable law.

We reserve the right to change subscription pricing upon reasonable notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

The Service, including its design, software, and content (excluding your User Content), is owned by LoupeCare and protected by intellectual property laws. You retain ownership of any content you upload to the Service ("User Content"). By uploading User Content, you grant LoupeCare a limited license to store, process, and display it solely to operate the Service for you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOUPECARE DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LOUPECARE IS NOT A MEDICAL PROVIDER. AI OUTPUTS ARE NOT MEDICAL ADVICE. WE DISCLAIM ALL LIABILITY FOR CLINICAL DECISIONS MADE BASED ON INFORMATION IN THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOUPECARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (B) $100.

Binding Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Class Action Waiver. YOU AND LOUPECARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. Either party may seek emergency injunctive relief in any court of competent jurisdiction to prevent irreparable harm. Small claims court actions within the applicable jurisdictional limits are also excluded from arbitration.

Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@loupecare.com with "Arbitration Opt-Out" in the subject line.

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Florida.

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. You may close your account at any time by contacting us at legal@loupecare.com. Upon termination, your data will be retained for up to 30 days before deletion, except where longer retention is required by law.

Questions about these Terms? Contact us at legal@loupecare.com.