Legal
Terms of Use
These Terms of Use (the "Terms") govern your use of the Comara Care platform, dashboard, mobile application, and related services across the web, text message, phone call, and email. Comara Care is operated by Comara Care, Inc. ("Comara Care," "Comara," "we," "us," or "our"). Comara Care is a software and service company. We help your own clinic and care team coordinate care after a hospital discharge. We are not your healthcare provider. We do not practice medicine. We do not diagnose, prescribe, or change medication instructions. Nothing in the service is medical advice. Your own care team provides your medical care and makes all clinical decisions.
The service is not for emergencies and is not monitored in real time. If you have a medical emergency, call 911 or go to the nearest emergency department. For a mental health crisis, call or text 988. Messages, tasks, and information sent through the service may not be seen or acted on right away. Never rely on the service to get urgent help.
Health information is appropriately entered and received inside the secure product. We handle that information on behalf of your clinic or care team as a Health Insurance Portability and Accountability Act (HIPAA) Business Associate under a Business Associate Agreement (BAA). Please do not send health information through general public channels such as marketing email or the public scheduler, because those channels are not secure. By using the service, you agree to these Terms.
1. Acceptance, scope, and who these Terms cover
By accessing or using any part of the Comara Care platform, dashboard, applications, text messages, phone calls, emails, push notifications, or optional mobile app (together, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
These Terms cover three kinds of users. Each user is routed to the documents that govern their use.
- Organization. The clinic, practice, hospital-owned network, rural health clinic, Accountable Care Organization or Clinically Integrated Network (ACO/CIN), or GUIDE organization that buys and sponsors the Service. The Organization is the paying customer.
- Authorized User. Clinical and administrative staff who use the dashboard on behalf of an Organization.
- Patient or family caregiver. A patient or a family member or other caregiver invited by the patient's care team to use the consumer side of the Service. This side is free.
Organizations and their Authorized Users are governed by their signed Master Services Agreement (MSA) or order form, their signed Business Associate Agreement (BAA), and these Terms. Patients and family caregivers are governed by these Terms and any short enrollment consent shown at invitation.
Throughout these Terms, we mark sections that apply only to one audience. Where a section is not marked, it applies to everyone.
2. Order of precedence and entire agreement
This section applies to Organizations and Authorized Users. For an Organization, several documents may govern the relationship. If they conflict, the following order controls, from highest to lowest:
- The Business Associate Agreement (BAA) controls all matters involving Protected Health Information (PHI).
- The Master Services Agreement (MSA) or order form controls commercial and service matters, such as pricing, terms, and service levels.
- These Terms fill any remaining gaps.
- Linked policies and documentation, such as the Privacy Policy, sit below these Terms.
The BAA cannot be modified or weakened by these Terms. HIPAA sets required BAA provisions, and those provisions always govern PHI. Together, the BAA, the MSA or order form, these Terms, and the linked policies are the entire agreement between you and Comara Care on their subject matter.
3. Definitions
- Service. The Comara Care platform, dashboard, applications, optional mobile app, and all related features delivered over the web, text message, phone, email, and push notification.
- Organization. A clinic or care team that buys and sponsors the Service.
- Authorized User. A staff member who uses the dashboard for an Organization.
- Patient. A person whose post-discharge care is coordinated through the Service.
- Family caregiver. A family member, proxy, or other person invited to support a patient.
- Protected Health Information (PHI). Individually identifiable health information protected under HIPAA.
- HIPAA. The Health Insurance Portability and Accountability Act and its rules.
- Business Associate Agreement (BAA). The agreement under which Comara handles PHI for an Organization.
- Master Services Agreement (MSA). The commercial agreement between Comara and an Organization.
- Artificial intelligence (AI). The software features that read care artifacts and extract, summarize, draft, and route work for human review.
- Authorized representative. A person with legal authority or the patient's permission to act for the patient.
4. Comara Care is not your healthcare provider
Comara Care is a software and service company. We are not a healthcare provider, medical practice, hospital, pharmacy, or insurer. We do not practice medicine or nursing. We do not diagnose, treat, prescribe, or change medication instructions. We do not provide medical advice.
Your own clinic and care team provide all of your medical care and make all clinical decisions. Comara helps your care team coordinate care and close the loop after a discharge. We facilitate coordination. We do not perform clinical care.
Using the Service does not create a doctor-patient, clinician-patient, or any other provider-patient relationship between you and Comara. Nothing in the Service is a substitute for talking to your own care team. Always rely on your care team for medical decisions.
5. Not for emergencies
The Service is not for emergencies and is not monitored in real time. Do not use the Service to report a medical emergency or a crisis.
- If you are having a medical emergency, call 911 or go to the nearest emergency department.
- For a mental health crisis, call or text 988.
- Messages, tasks, and information you send through the Service, including any AI-surfaced red flags, may not be seen or acted on right away.
This applies across every channel: the web, the dashboard, text message, phone call, email, push notification, and the mobile app. Never rely on the Service to get urgent or time-sensitive help.
6. Artificial intelligence features and human review
The Service uses artificial intelligence (AI) to help your care team. The AI reads care artifacts and extracts tasks, dates, medication changes, missing information, red flags, and follow-ups. It summarizes episodes, drafts outreach, and routes work to people for review. AI outputs are linked back to their source material so a clinician can check the basis for each item.
The AI does not diagnose, prescribe, change medication instructions, or replace clinical judgment. It surfaces and organizes information so a person can decide. It does not decide. A human on the care team reviews work where clinical judgment is required. Drafted outreach is only a draft until a person approves it.
AI output can be incomplete, inaccurate, or out of date. It may miss a task, misread a date or a medication change, surface a false red flag, or fail to surface a real one. Authorized Users must verify AI output against the linked source before relying on it. Patients and caregivers must not treat anything in the Service as a substitute for talking to their own care team.
Comara Care is intended to function as non-device clinical decision support and coordination software. It is not a medical device. It is not cleared or approved by the United States Food and Drug Administration (FDA). We make no claim of FDA endorsement. The Service is decision support that the clinician independently reviews.
We do not guarantee any clinical outcome and we do not guarantee any financial or reimbursement outcome. See Section 27 (Disclaimer of warranties) for details.
7. Eligibility and age
You must be at least 18 years old to create an account and use the Service for yourself. By using the Service, you confirm that you meet this requirement and that you can form a binding agreement.
A parent or legal guardian may use the Service on behalf of a minor patient where the patient's care team allows it and applicable law permits it. A caregiver may use the Service for an adult patient only to the extent the patient's invitation, the patient's permissions, and applicable law allow. We do not assert automatic authority for any caregiver, parent, or guardian. Access for minors and dependents depends on the patient's permissions and the law of the relevant state.
8. Accounts, roles, registration, and security
Accounts are created in different ways. For patients and family caregivers, access is by invitation from the care team. For Authorized Users, access is provisioned by the Organization's account administrator. No mobile app download is required to use the Service. The Service also works over the web, text message, phone, and email.
You agree to provide registration information that is current, complete, and accurate, and to keep it up to date. We may refuse, suspend, or reclaim accounts with false or outdated information.
You are responsible for keeping your login credentials confidential and for all activity under your account. Use a strong password. Enable multi-factor authentication where it is offered. Do not share your credentials. Tell us promptly at hello@comaracare.com or through your care team if you suspect any unauthorized access to your account.
9. Authorized Users acting for an Organization
This section applies to Organizations and Authorized Users. The person who accepts these Terms or signs up for an Organization represents that they have authority to bind that Organization.
The Organization is responsible for its Authorized Users. The Organization assigns and removes access, and it must promptly de-provision users who leave or change roles. The Organization is responsible for making sure its Authorized Users follow these Terms, the MSA, and the BAA. Comara may rely on instructions from the Organization's administrators. Access is provisioned and revoked through the Organization.
10. Caregiver authorization and scoped, revocable access
This section applies to patients and family caregivers. Caregiver access is by invitation from the care team only. If you use the Service as a family caregiver, proxy, parent, guardian, or holder of a health care power of attorney, you represent and warrant that you have the legal authority, or the patient's permission, to access that patient's information and to act on the patient's behalf for care-coordination purposes.
You agree to provide proof of authority on request, such as a durable power of attorney for health care, guardianship letters, or the patient's own confirmation through the care team. You agree to tell us or the care team promptly if your authority ends or changes. Comara and the care team may verify the relationship, may route sensitive caregiver roles to manual review, and may decline or revoke access if authority cannot be confirmed or is reasonably believed to be invalid.
Caregiver access is scoped to what the patient or care team approves, and it can be limited or revoked at any time by the patient, the care team, or Comara. Different caregivers may see different information. A patient may keep certain information private from a caregiver. Revoking or narrowing access takes effect going forward only. It does not undo information a caregiver has already seen. Use your access only to support the specific patient who, or whose care team, authorized you.
11. Consent to participate
This section applies to patients and family caregivers. By accepting these Terms and using the Service, you agree to take part in Comara-supported care coordination. This includes having the post-discharge episode tracked, receiving reminders and outreach, exchanging secure messages with the care team, and having information you provide shared with the care team and processed by Comara, including by AI features that draft and route work for human review.
Participation is voluntary. Choosing not to take part, or stopping at any time, will not by itself affect the medical care the patient receives from their own care team.
12. Communications consent: text, voice, email, and push
This section applies to patients and family caregivers. The live Service sends communications over several channels for care coordination, reminders, scheduling, secure-message alerts, and account or security purposes. By giving us a phone number, email address, or device, or by accepting an invitation from your care team, you agree that Comara and your care team may contact you by text message (Short Message Service, or SMS), automated and live phone (voice) calls, email, and push notification. Some messages may be sent using automated systems or a prerecorded or artificial voice.
These are service and care-related messages, not marketing. We will not send you marketing messages unless you separately opt in, and you can opt out of marketing at any time. Consent to receive messages is not a condition of receiving medical care. Consent to receive messages is separate from any HIPAA authorization for the content of those messages.
Our text-message program terms:
- Program: Comara Care care-coordination messages.
- Message frequency varies.
- Message and data rates may apply.
- Reply STOP to opt out. Reply HELP for help. You can also contact us at hello@comaracare.com or your care team.
- Carriers are not liable for delayed or undelivered messages.
- See these Terms and our Privacy Policy.
You can opt out of text messages by replying STOP, and of non-essential email through the unsubscribe link. For calls, use the stated key-press or call us. You can turn off push notifications in your device settings. We honor opt-out requests made by any reasonable means, not only the keyword, and we act as soon as practicable and no later than 10 business days after a request. Opting out of certain messages may limit the usefulness of the Service.
If you provide a phone number that belongs to the patient or another person, you represent that you are authorized to provide it and to receive messages at it for the patient. Text, push, and call delivery is not guaranteed and can be delayed or fail for reasons outside our control. Never rely on these messages for emergencies. See Section 5 (Not for emergencies).
If any phone call is recorded or monitored, we will tell you at the start of the call. Continuing the call means you consent to the recording. Recordings that contain PHI are handled under the BAA.
13. How health information is handled (HIPAA and Business Associate)
For the clinical side of the Service, Comara acts as a HIPAA Business Associate to each Organization, which is the covered entity, under a signed Business Associate Agreement (BAA). The BAA, not these Terms, governs how Comara uses and discloses Protected Health Information (PHI). If these Terms conflict with the BAA on any PHI matter, the BAA controls.
Health information is appropriately entered and received inside the secure product. Inside the Service, PHI is protected with role-based access, audit logging, and security controls. You should use the secure product for health information.
Do not send PHI through general public channels. Channels such as marketing email, the public scheduler, the address hello@comaracare.com, and public web forms are not secure and are not for health information.
For how we handle data, see our Privacy Policy. For your clinic's HIPAA Notice of Privacy Practices, contact your own clinic or care team. That notice is the Organization's document, not Comara's.
14. License to access and use the platform
Subject to these Terms, we grant each Organization and its Authorized Users a non-exclusive, non-transferable, revocable, limited license to access and use the platform, dashboard, and applications during the subscription term for the Organization's internal care-coordination purposes, in line with our documentation.
We grant invited patients and family caregivers a personal, non-transferable, revocable license to use the consumer features for their own care coordination.
You may not: resell or sublicense the Service, reverse engineer or decompile it, copy it beyond what is permitted, exceed your authorized number of users, use it to build a competing product, or scrape it. We own all right, title, and interest in the Service, including all software, designs, and trademarks, except for your own data and content.
15. Mobile app and app stores
This section applies to patients and family caregivers who use the optional mobile app. The app is optional. The Service also works over the web, text message, phone, and email, and no app download is required.
We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the app on a device you own or control, only to access the Service. The app is licensed, not sold. You may not copy, modify, reverse engineer, rent, lease, sell, sublicense, or distribute it, or make it available over a network for use by multiple devices at the same time. The license ends if you stop using the Service or violate these Terms.
Apple App Store. If you get the app from the Apple App Store, the following apply. These Terms are between you and Comara Care only, not Apple. Comara Care, not Apple, is solely responsible for the app and its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund any purchase price for the app, which is zero because the app is free. To the maximum extent permitted by law, Apple has no other warranty obligation. Comara Care, not Apple, is responsible for addressing any claim relating to the app, including product liability, any failure to conform to legal or regulatory requirements, and claims under consumer protection or privacy law. Comara Care, not Apple, is responsible for any third-party claim that the app or your use of it infringes intellectual property rights. You represent that you are not located in a country subject to a United States Government embargo or designated as terrorist-supporting, and that you are not on any United States Government list of prohibited or restricted parties. You agree to comply with applicable third-party terms, such as your wireless data plan terms. Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to the Apple app, and upon your acceptance Apple will have the right to enforce these Terms against you as a third-party beneficiary.
Google Play. If you get the app from Google Play, these Terms are between you and Comara Care only. Comara Care, not Google, is solely responsible for the app and for providing support. Google has no responsibility for the app or its content. Your use of the app is also subject to the Google Play Terms of Service, and these Terms do not override Google's agreements with you. Google may remove or disable the app under Google's policies.
App updates. We may release updates, upgrades, fixes, and new versions, and updates may be required to keep using the app, especially for security and to keep PHI protected. The app store may deliver updates automatically based on your device settings. We may stop supporting older versions. Continued use after an update means you accept the updated app.
Device permissions. The app may ask permission to use device features, such as notifications, camera and photos (for capturing evidence, for example a photo of a medication bottle or discharge paperwork), microphone (only if you use a voice feature), and storage. We request only permissions relevant to features you choose to use. You can grant or deny permissions in device settings. Denying a permission may limit some features but will not block core access to the Service. We do not use health or biometric data for advertising, and we do not sell it.
Push notifications. If you enable push notifications, the app may send reminders, task updates, secure-message alerts, and care-team prompts. Push notifications are optional and are not required for the app to work. You can turn them off in device settings. We keep notification previews generic, for example "You have a new message from your care team," and we do not put diagnosis or medication detail in a push preview, so health information does not appear on a locked screen. We do not send marketing push notifications unless you opt in and can opt out.
16. Acceptable use and prohibited conduct
You agree not to misuse the Service. You will not:
- Access any account, data, or system without authorization.
- Access another person's information without authority.
- Scrape, reverse engineer, or circumvent security or access controls.
- Upload malware or interfere with the Service.
- Use the Service to harass, abuse, or harm anyone.
- Use AI output as a substitute for professional medical judgment.
- Use the Service in any unlawful way or in violation of these Terms, the MSA, or the BAA.
17. User content and evidence capture
The Service lets you submit information and files, such as messages, uploaded documents, and photos used as evidence that a task is closed. You represent that you have the right to submit the content you provide. You grant Comara the limited rights needed to host, process, and use that content to operate and support the Service. Clinical content submitted on behalf of an Organization is handled under that Organization's BAA.
This paragraph applies to patients and family caregivers. You are responsible for the accuracy and completeness of the information you enter, such as medications, symptoms, contact details, scheduling information, and answers to outreach. You represent that the information you provide is true and correct to the best of your knowledge, and you agree to correct it or tell the care team promptly if it changes or is wrong. Comara and the care team may rely on the information you provide. Inaccurate or incomplete information may affect coordination and follow-up.
18. Fees for business customers, and free for families
Organizations. Pricing, subscription tiers, invoicing, renewal, payment terms, and taxes are set in the MSA or order form. Fees are exclusive of taxes, and the Organization pays applicable sales, use, and similar taxes, excluding taxes on Comara's income. We may suspend access for non-payment after notice and a chance to cure, as described in Section 20.
Patients and family caregivers. The consumer side of the Service is free. The sponsoring Organization pays for the Service, not the family. We will not bill patients or caregivers for the consumer features, and there is no subscription and no in-app purchase. Standard message and data rates from your own mobile carrier may still apply to texts and calls. Because the Service is provider-sponsored, your free access depends on the sponsoring Organization's relationship with Comara. If that relationship ends, or the Organization removes you, your access may end.
19. Service availability, maintenance, and changes
The Service is provided on an as-available basis. It is not a real-time monitoring or alerting service. It may have downtime, and messages may be delayed. Do not rely on the Service for urgent needs. See Section 5 (Not for emergencies).
We may perform scheduled maintenance, and we will give advance notice for planned maintenance where practical. We may perform emergency maintenance when needed. We may modify, enhance, or discontinue features. For a material reduction that affects a paying Organization, we will give reasonable notice. Any hard uptime commitment, support response time, or service credit is set in the MSA or a service level addendum, not in these Terms.
20. Suspension of access
We may suspend access, in whole or in part, for any of the following: non-payment by an Organization after notice and a chance to cure, a security threat, suspected unauthorized or unlawful use, or material breach of these Terms. For the free consumer side, we may also suspend access for misuse or at the care team's direction.
We will limit any suspension to what is needed to address the issue, and we will restore access promptly after the issue is resolved. Where feasible and lawful, we will give notice. Any suspension that affects access to PHI will be coordinated with the BAA so patient care is protected.
21. Term, termination, and data return or deletion
The term and renewal for an Organization are set in the MSA or order form. Either party may terminate for cause on an uncured material breach. Any termination-for-convenience right is set in the MSA.
On termination, the Organization has a defined window, for example 30 days, to export its data in a usable format. After that window, Comara will return or securely destroy the data as the BAA requires, and will provide written certification of destruction on request. BAA termination and service termination are tied together so that PHI is never left unprotected.
Patients and family caregivers. You may stop using the Service at any time. You can ask your care team, or contact us at hello@comaracare.com, to remove your access or close your account. Your access can also be ended by the patient, the care team, or Comara, and may end when the post-discharge episode closes or when the sponsoring Organization's relationship with Comara ends. Stopping use does not delete information already shared with or held by the care team. Those records remain governed by the Organization's own privacy practices and by Comara's handling of data under the BAA. Continue to work with your care team for ongoing care after you leave the Service.
22. Data ownership, processing license, and de-identified data
The Organization and patients retain all right, title, and interest in their data, including PHI. Comara does not own your data or PHI. Comara receives only a limited, non-exclusive, non-transferable license to host, process, and use the data solely to provide and support the Service, to keep it secure, and to comply with law, all subject to the BAA.
We may create and use de-identified and aggregated data. We de-identify PHI only consistent with the HIPAA de-identification standard, which means the Safe Harbor method of removing the listed identifiers or the Expert Determination method. Once data is de-identified, it is no longer PHI, and we may use it for permitted purposes such as improving the Service, analytics, benchmarking, research, and improving our AI. We will not try to re-identify the data, and we will require any recipient to agree not to re-identify it. Any de-identification or aggregation is bounded by what the BAA permits. Aggregate use never identifies an individual patient or caregiver.
23. Security and audit logging
This section applies to Organizations and Authorized Users. Comara maintains a written information security program with administrative, physical, and technical safeguards appropriate to PHI, consistent with the HIPAA Security Rule. These include encryption in transit and at rest, role-based access control, and audit logging of access and key actions.
We keep audit logs of who accessed what and when, and of what the AI surfaced and what each Authorized User did with it, such as approved, edited, rejected, or sent. These logs support the Organization's review, oversight, and compliance. The Organization's own systems and medical record remain the system of record for clinical care. We commit to breach and security-incident notification as set in the BAA and required by law. Specific notice timing and detailed security terms are set in the BAA or a security addendum. We may reference independent assessments at a high level, and details are kept in a security addendum.
24. Consumer health data and state privacy rights
This section applies to patients and family caregivers. Most health information we handle inside the secure product is PHI governed by HIPAA and the BAA, and is exempt from the consumer privacy laws below. Some data we collect outside that flow, such as data from the public website, analytics, marketing channels, and app usage, may be covered by these laws.
Washington My Health My Data Act. For consumer health data that is not exempt, we maintain a separate, standalone Consumer Health Data Privacy Policy, linked from our homepage and from these Terms. It describes the categories of consumer health data we collect, the sources, the purposes, the categories of third parties we share with, and how you exercise your rights. We obtain opt-in consent before collecting consumer health data that is not needed to provide a service you request, and separate consent before sharing it. We do not use a geofence around health-care facilities.
California Consumer Privacy Act. For California residents, the HIPAA exemption is data-level, not entity-level. PHI handled under the BAA is exempt, but other personal information, such as website, marketing, and app usage data, is subject to the California Consumer Privacy Act, as amended by the California Privacy Rights Act. We treat health-related data as sensitive personal information. You have rights to know, access, delete, correct, opt out of sale or sharing, and limit the use of sensitive personal information. We do not sell your personal information. See our Privacy Policy for how to exercise these rights.
25. Third-party services and integrations
The Service relies on third parties, such as text and voice carriers, push and email providers, electronic health record or data feeds, schedulers, and cloud hosting. Their terms and reliability are outside our control. We are not responsible for delayed or undelivered messages or for the acts or omissions of these third parties. Your use of a third-party service is subject to that party's own terms.
26. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT MESSAGES OR REMINDERS WILL ALWAYS BE DELIVERED, OR THAT AI OUTPUTS WILL BE ACCURATE OR COMPLETE.
WE MAKE NO WARRANTY OR GUARANTEE OF ANY HEALTH, CLINICAL, SAFETY, OR FINANCIAL OUTCOME. This includes no guarantee of reduced readmissions, completed follow-ups, closed referrals, or patient improvement, and no guarantee that any Transitional Care Management (TCM) or other care-management claim is payable, accepted, or reimbursed. Billing, coding, documentation, and medical-necessity decisions are the Organization's responsibility. Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
27. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost goodwill, arising out of or relating to the Service or these Terms.
Liability cap. For an Organization, the total liability of Comara for all claims is capped at the fees the Organization paid to Comara in the 12 months before the event giving rise to the claim. The commercial cap may instead be set in the MSA. For a free patient or family caregiver, who pays nothing, the total liability of Comara is capped at one hundred United States dollars (USD 100), or, if greater, any fees that user actually paid.
Carve-outs. The cap and the exclusions above do not apply to: death or personal injury caused by a party's negligence, gross negligence, willful misconduct, fraud or fraudulent misrepresentation, a party's breach of its data protection, security, or confidentiality obligations (including any breach of PHI or of the BAA), or a party's indemnification obligations. For these matters, liability is uncapped or limited only as the law allows.
28. Indemnification
Comara will indemnify the Organization against third-party claims that the Comara platform, as provided and used as permitted, infringes a third party's intellectual property rights. We may, at our option, procure a license, modify the Service, or refund applicable fees.
This paragraph applies to Organizations. The Organization will indemnify Comara against third-party claims arising from its misuse of the Service, its violation of these Terms or applicable law, the content or data it submits, its clinical decisions, and its failure to obtain required patient consents or authorizations.
Mutual. Each party will indemnify the other for that party's own breach of confidentiality or data protection obligations and for that party's gross negligence or willful misconduct. Indemnification obligations sit outside the liability cap, with standard notice, control-of-defense, and cooperation terms. We do not require a broad indemnity from free family caregivers.
29. Electronic records and signatures consent (E-SIGN)
By using the Service, you agree to receive records, disclosures, and notices electronically, and to provide signatures electronically, under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar state law. An electronic acceptance, such as clicking "I Agree," accepting an invitation, or e-signing, counts as your signature.
- You may request a paper copy of any required record by contacting us at hello@comaracare.com. We do not charge a fee for this.
- You may withdraw your consent to electronic records. Withdrawing consent may end your ability to use parts of the Service that depend on electronic delivery.
- This consent covers these Terms, the consents in them, any caregiver authorization, and our ongoing relationship with you.
- Keep your contact information current so we can deliver records to you. You can update it in the Service or by contacting us.
- To access and keep electronic records, you need a current web browser, internet access, an email account, and the ability to view and save PDF or HTML files.
30. Changes to these Terms
We may update these Terms. For material changes, we will give notice through the Service, by email, or by an in-product notice, and we will post an effective date. We will give you a reasonable chance to review material changes. If you do not agree, stop using the Service. Continued use after the effective date means you accept the updated Terms. For changes that affect an Organization's commercial terms, the MSA's change process controls, not these Terms. We keep a "last updated" date at the top of this document.
31. Dispute resolution and governing law
These Terms are governed by the laws of Delaware, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in New Castle County, Delaware.
Informal resolution first. Before starting any formal proceeding, the parties will try to resolve the dispute informally. Send a written notice of the dispute, then allow a good-faith meet-and-confer period of 30 to 60 days. Limitation periods are paused during this window.
No mandatory arbitration. We do not require you to arbitrate disputes, and we do not ask you to give up the right to bring or join a class action. You keep your right to go to court, including small-claims court. For Organizations, dispute resolution is set in the Master Services Agreement (MSA).
32. Miscellaneous
If any provision of these Terms is found unenforceable, the rest stays in effect, and the unenforceable provision is limited to the smallest extent needed. You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages, or carrier failures (force majeure). Our failure to enforce any right is not a waiver of that right. Notices to you may be given through the Service, by email, or by another reasonable means. The section that controls precedence between these Terms, the MSA, and the BAA is Section 2.
33. Contact
Questions about these Terms can be sent to us. Do not send health information through this address, because it is not a secure channel for PHI.
Comara Care, Inc.
hello@comaracare.com