Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern access to and use of the CareCaller platform, website, APIs, and related services (collectively, the “Platform”) provided by CareCaller, Inc., a Delaware corporation (“CareCaller,” “Company,” “we,” “us,” or “our”).

CareCaller provides communications infrastructure that enables healthcare organizations and their authorized partners to manage patient communications. By accessing or using the Platform, the organization or entity on whose behalf you act (“Client,” “you,” or “your”) agrees to be legally bound by these Terms.

The Platform is intended for use by healthcare organizations, clinics, pharmacies, telehealth providers, healthcare service companies, and their authorized representatives. The Platform is not intended for use by patients or individual consumers. Recipient-facing communications preference, opt-in, and opt-out tools are provided solely to help message recipients manage communications delivered through the Platform and do not make recipients users of the business-facing Platform.

2. Nature of Services

CareCaller provides communications technology infrastructure that enables healthcare organizations to contact patients and other recipients regarding healthcare-related matters.

Services may include:

• Outbound and inbound telephone calls
• SMS and MMS messaging
• AI-enabled voice agents
• Voicemail delivery
• Automated workflows and routing
• Data capture, logging, and reporting

CareCaller operates as a communications infrastructure provider. Services are performed at Client direction and on Client's behalf. CareCaller is a technology service provider only and does not provide medical services.

3. No Medical Services; No Patient Relationship

CareCaller is not a healthcare provider, pharmacy, telehealth provider, or medical group. CareCaller does not:

• Diagnose or treat medical conditions
• Prescribe medications
• Provide clinical advice
• Determine patient eligibility

All medical decisions are made solely by the Client and its licensed professionals. Use of the Platform does not create a doctor-patient relationship between CareCaller and any patient.

4. Client Responsibilities & Compliance

Client is responsible for obtaining all legally required permissions from patients or end-users prior to submitting contact information to CareCaller, and for providing lawful instructions regarding communications initiated through the Platform.

Client represents and warrants that:

• All contact information submitted to CareCaller has been lawfully obtained
• All required permissions exist for SMS messages, phone calls, automated communications, AI-enabled voice communications, and prerecorded messages
• All communications initiated using the Platform comply with applicable federal, state, and carrier regulations, including but not limited to TCPA, CTIA guidelines, and A2P messaging requirements

CareCaller may process and retain certain communications and compliance records necessary to operate the Platform safely and lawfully, but does not independently verify or audit individual patient permissions obtained by Client.

Client agrees to indemnify, defend, and hold harmless CareCaller from any claims, damages, regulatory investigations, fines, penalties, or liabilities arising from Client's failure to obtain valid permissions or comply with applicable messaging laws.

Authorized Representative Requirement

By accessing or using the Platform on behalf of a healthcare organization, you represent and warrant that you are an authorized representative of your organization with the legal authority to bind the organization to these Terms and to make compliance attestations on its behalf. If you are not authorized to act on behalf of your organization, you may not use the Platform or submit compliance confirmations.

5. Service Provider Role

CareCaller acts as a service provider or processor to its customers in connection with the services. Customers determine the purposes for which they use the Platform and remain responsible for applicable permissions and instructions provided to CareCaller.

CareCaller processes data at Client's direction for the purpose of delivering the services described in these Terms and in any applicable service agreement.

6. Records & Logs

In the course of providing the Platform, CareCaller may process and retain the following types of records:

• Communication preferences and opt-out/suppression records
• Message and call metadata
• Campaign and workflow history
• Delivery and routing logs
• Compliance attestations
• Recordings and transcripts, where enabled by Client
• Complaint and support records

These records may be used for the following purposes:

• Service delivery and support
• Abuse prevention and platform security
• Troubleshooting and reliability
• Legal and regulatory compliance
• Audit and operational purposes

7. Data Handling & Processing

Clients provide patient lists, contact details, and care-related information for communication purposes. CareCaller:

• Processes data at Client’s direction
• Acts as a service provider or processor
• Does not determine the purpose or legality of communications

Clients retain responsibility for patient relationships and regulatory obligations.

8. AI & Automated Communications Disclosure

Communications delivered through the Platform may use:

• Artificial or prerecorded voice
• AI-enabled conversational systems
• Automated dialing technologies
• Text-to-speech systems

Client is responsible for informing patients of the use of these technologies when required by law.

9. Third-Party Infrastructure

The Platform relies on third-party providers including, but not limited to:

• Telephony and messaging providers
• Voice AI and transcription vendors
• AI processing providers
• Data infrastructure and hosting providers
• Analytics and monitoring vendors

Service availability may depend on these providers.

10. Acceptable Use

Client may not use the Platform for:

• Political messaging
• Debt collection
• Unlawful marketing
• Fraudulent or deceptive practices
• Harassment or abusive communications

11. Data Ownership & Use

Client retains ownership of its data. Client grants CareCaller a limited license to process and store data solely for the purpose of delivering the services.

CareCaller may use aggregated or de-identified information for service operations, analytics, reliability, security, and platform improvement, only as permitted by applicable law and contract.

12. Platform Controls & Suspension

CareCaller may suspend, block, reject, or require changes to any of the following where necessary to address legal risk, carrier risk, abuse, fraud, platform security, or reputational harm:

• Campaigns and use cases
• Phone numbers
• Message templates
• Call flows and scripts

CareCaller will make reasonable efforts to notify Client of such actions but may act immediately where urgency requires.

13. Fees & Payment

Clients agree to pay all applicable fees pursuant to their service agreement. Fees are non-refundable unless required by law.

14. Security

CareCaller implements reasonable administrative, technical, and physical safeguards designed to protect information. No system can guarantee absolute security.

CareCaller maintains records of user compliance confirmations, including timestamp, user identity, organization identity, and terms version accepted, for audit and compliance documentation purposes.

15. Disclaimer of Warranties

16. Limitation of Liability

To the maximum extent permitted by law, CareCaller's total liability shall not exceed the fees paid by Client in the preceding twelve (12) months.

CareCaller shall not be liable for:

• Clinical outcomes
• Patient adherence
• Regulatory fines caused by Client non-compliance
• Carrier filtering or blocking

17. Indemnification

Client agrees to indemnify and defend CareCaller against any claims arising from:

• Failure to obtain valid permissions
• Regulatory violations
• Misuse of the Platform
• Unlawful communications

18. Suspension & Termination

CareCaller may suspend or terminate access for:

• Legal risk
• Regulatory investigation
• Misuse
• Non-payment

19. Governing Law

These Terms are governed by the laws of the State of Delaware.

20. Arbitration & Class Action Waiver

All disputes arising out of or relating to these Terms shall be resolved through binding arbitration. Client waives the right to participate in class actions or jury trials.

21. Modifications

CareCaller may update these Terms from time to time. Continued use of the Platform following any modifications constitutes acceptance of the updated Terms.

22. Contact