TRULY CARE TERMS OF SERVICE
Last Updated: July 10, 2025
1. INTRODUCTION AND ACCEPTANCE
Welcome to Truly Care. These Terms of Service (“Terms”) govern your access to and use of the Truly Care website, mobile applications, and all related services (collectively, the “Service”). Truly Care is owned and operated by Truly Care Corp. (“Truly Care,” “we,” “us,” or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to theseTerms, please do not use the Service.
Truly Care may modify these Terms at any time to accommodate new services, user types, or business relationships. Any changes will be effective immediately upon posting on the Service. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. Please review these Terms regularly.
PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND TRULY CARE. AMONG OTHER THINGS, THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THESE TERMS ALSO CONTAIN CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ THESE TERMS CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER INANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOUARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
2. ELIGIBILITY AND REGISTRATION
2.1 Eligibility Requirements
To use the Service, you must be at least 18 years of age and legally able to enter into a binding contract. If you are accessing the Service on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to these Terms.
Eligibility requirements may vary based on Platform Participant type and intended use of the Service. Corporate and institutional users must have appropriate authorization to enter into these Terms on behalf of their organization.
Care Providers must:
- Be legally eligible to work in the applicable jurisdiction
- Possess the experience, training, qualifications, and authorizations required by law for the services they offer
- Provide accurate information about their qualifications and experience
Business and Institutional Platform Participants must:
- Have valid legal authority to operate in their jurisdiction
- Maintain any required licenses, certifications, or regulatory approvals
- Comply with all applicable laws and regulations in their industry
The Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Service. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), or the Fair and Accurate Credit Transactions Act of 2003 (FACTA).
2.2 User Categories
The Service may accommodate multiple user types, each subject to these Terms and any additional terms specific to their category:
Individual users:
- Care Seekers: Individuals and families seeking care services
- Care Providers: Individuals offering care services
Business Users:
- Corporate Partners: Employers offering Truly Care as an employee benefit
- Healthcare Organizations: Medical facilities, therapy centers, and healthcare providers
- Educational Institutions: Schools, universities, and training organizations
- Service Providers: Background check companies, payroll services, and other third-party vendors
Institutional Users:
- Government Agencies: State and local agencies administering care programs
- Insurance Companies: Organizations providing care-related coverage
- Non-Profit Organizations: Advocacy groups, support organizations, and charitable entities
Additional user categories and terms may be added as the Service evolves. Specific terms for each category may be provided in supplemental agreements.
2.3 Account Registration
To access certain features of the Service, you must register and create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying Truly Care immediately of any unauthorized use of your account or other security breaches
Truly Care reserves the right to terminate accounts or deny service to any Platform Participant for any reason at our sole discretion.
3. SERVICE DESCRIPTION AND LIMITATIONS
3.1 Service Description
The Service represents a comprehensive care ecosystem that connects various users in the caregiving marketplace, which may include:
Core Platform Services:
- Profile creation and management for care seekers and providers
- Search, matching, and discovery capabilities
- Communication and collaboration tools
- Trust and safety features
- Payment processing and payroll administration
Business and Institutional Services:
- Corporate employee benefit programs
- Healthcare facility staffing solutions
- Educational institution partnerships
- Government program administration
- Insurance and funding coordination
Third-Party Integration Services:
- Background check and verification services
- Payment processing and payroll management
- Training and certification programs
- Data analytics and reporting tools
The specific features and services available to you depend on your user category and subscription level. Additional terms may apply to specific services or user categories.
3.2 AI-Powered Services and Interactions
Truly Care utilizes artificial intelligence ("AI") technology to enhance the Service experience, including but not limited to:
- Automated matching and recommendation algorithms
- AI-powered customer support and assistance
- Intelligent search and filtering capabilities
- Automated communications and notifications
- Content moderation and safety features
AI Agent Interactions: During your use of the Service, you may interact with AI agents rather than human representatives. AI agents may assist with:
- Initial customer inquiries and support
- Account setup and onboarding guidance
- Matching recommendations and explanations
- Basic troubleshooting and technical support
- Information gathering and screening
Important Disclosures:
- AI agents will identify themselves as automated systems when practical
- AI responses are generated based on algorithms and training data
- AI agents may not understand context or nuance the same way humans do
- Complex issues may be escalated to human representatives
- You may request to speak with a human agent when available
AI Limitations: You acknowledge that AI technology:
- May produce inaccurate, incomplete, or inappropriate responses
- Cannot replace human judgment in critical decisions
- May have biases or limitations based on training data
- Should not be relied upon for medical, legal, or emergency advice
- May evolve and improve over time, affecting response quality
Your Responsibilities: When interacting with AI agents, you agree to:
- Provide accurate information to ensure helpful responses
- Verify important information through additional sources
- Use human judgment when making important decisions
- Report any inappropriate or concerning AI responses
- Understand that AI interactions may be logged for quality improvement
3.3 Due Diligence and Verification Responsibilities
CareSeekers are solely and entirely responsible for verifying all information provided by Care Providers. Before engaging any Care Provider, Care Seekers should conduct their own comprehensive screening process regarding the Care Provider. CareSeekers are solely and entirely responsible for hiring decisions and any results therefrom.
Truly Care does NOT:
- Conduct or guarantee the accuracy of background checks (except for optional verification services explicitly offered)
- Verify the truthfulness of information provided by Care Providers
- Confirm the qualifications, experience, or competence of Care Providers
- Validate licenses, certifications, or professional credentials
- Guarantee the safety, reliability, or suitability of any Care Provider
- Monitor ongoing Care Provider performance or conduct
- Assume any responsibility for Care Provider actions or omissions
DISCLAIMER OF RESPONSIBILITY: BY USING THE SERVICE, CARE SEEKERS ACKNOWLEDGE AND AGREE THAT THEY BEAR FULL RESPONSIBILITY FOR ALL HIRING DECISIONS AND THAT TRULY CARE SHALL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, LOSSES, OR OTHER CONSEQUENCES RESULTING FROM CARE PROVIDER ACTIONS, OMISSIONS, QUALIFICATIONS, OR MISREPRESENTATIONS. THIS RESPONSIBILITY EXISTS REGARDLESS OF WHETHER OPTIONAL VERIFICATION SERVICES HAVE BEEN USED.
3.4 Truly Care Does Not Provide Care Services
Truly Care is not an employment agency or employer of Care Providers. We do not:
- Introduce, supply, or select specific Care Providers for Care Seekers
- Control, supervise, or direct the work of Care Providers
- Verify the accuracy of user-provided information (although we may offer verification services)
- Guarantee the quality or safety of care provided
- Take part in the negotiation of terms between Care Seekers and Care Providers
- Guarantee the availability of Care Providers
- Act as an agent for either Care Seekers or Care Providers
3.5 Care Providers Are Not Employees of Truly Care
Care Providers are not employees, agents, or partners of Truly Care, and Truly Care does not supervise, direct, or otherwise control Care Providers’ work performance. Care Providers:
- Set their own rates and terms directly with Care Seekers
- Control the timing, manner, and means of their performance
- Are responsible for their own taxes, insurance, and regulatory compliance
- May work with multiple platforms and clients simultaneously
- Do not receive employment benefits from Truly Care
3.6 Important Disclaimers
Truly Care strives to match Care Seekers and Care Providers as efficiently and as effectively as possible, but the decision to engage with a Care Seeker or Care Provider via the Service and the conduct of such engagement are ultimately the responsibility of the user.
Users are solely responsible for evaluating the suitability of the Care Seekers and Care Providers the Service presents, including conducting their own interviews, verification, reference checks, and any other due diligence before entering into an engagement, and each user is solely responsible for their own behavior during such engagements.
As explained in more detail in Section 11: Disclaimers, Truly Care disclaims all liabilities relating to any engagements between Care Seekers and Care Providers who locate each other using the Service.
4. USER CONTENT AND CONDUCT
4.1 User Content
“User Content” includes any information, data, text, photos, videos, or other materials that users submit to the Service. By submitting User Content, you grant Truly Care a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content to provide the Service, internally to improve and enhance the Service, and for internal business purposes.
You represent and warrant that:
- You own or have the necessary rights to your Platform Participant Content
- Your Platform Participant Content does not infringe on the intellectual property rights of others
- Your Platform Participant Content does not violate these Terms or applicable laws
4.2 Prohibited Content and Conduct
You agree not to engage in any of the following conduct:
- Posting false, misleading, or deceptive information
- Impersonating another person or entity
- Harassing, threatening, or intimidating others
- Posting content that is discriminatory, defamatory, obscene, or offensive
- Posting content that ridicules, mocks, disparages, intimidates, or abuses anyone
- Using the Service to harass or threaten any other person or to promote violence against a specific person or class of people
- Use the Service in any manner that may violate any applicable law concerning child sexual abuse material, or other laws or regulations intended to protect the health or well-being of minors
- Post content or use the Service to send content that includes any offensive comments that are connected to race, ethnicity, religion, national origin, gender, sexual preference, or physical handicap
- Attempting to circumvent any of the Service's safety features
- Using the Service for any illegal purpose
- Interfering with the proper operation of the Service
- Attempting to reverse engineer or access underlying code
- Creating multiple accounts to manipulate ratings or reviews
- Using the Service to distribute spam or malware
- Collecting user information without consent
- Attempting to manipulate, confuse, or “jailbreak” AI systems
- Using AI agents to generate harmful, illegal, or inappropriate content
- Misrepresenting yourself to AI agents or attempting to extract proprietary information
Truly Care will determine in its sole discretion whether user conduct violates the foregoing rules and reserves the right to remove any User Content or suspend or terminate accounts that violate these prohibitions.
5. SUBSCRIPTIONS AND PAYMENTS
5.1 Subscription Plans
Truly Care may offer both free basic services and premium subscription plans with additional features in the future. These plans, when introduced, may vary by user category and could include flexible options such as “pay what you can” pricing.
Details about available subscription plans, including features, pricing, billing cycles, and cancellation options, will be provided on the Service at the time of launch.
If and when
you choose to subscribe to a paid plan:
- You will authorize Truly Care to charge your selected payment method.
- Subscriptions may automatically renew unless canceled.
- You will be able to modify or cancel your plan through your account settings.
Until such time as subscription plans are offered, all premium features and payment options will be clearly described and optional. You are under no obligation to make any purchase to use the core Truly Care services.
5.2 Payment Processing
Truly Care uses third-party payment processors to facilitate secure transactions, including payments between users and, in the future, subscription payments.
By using any payment features on the Service, you agree to comply with the terms and conditions of the relevant third-party payment processor. Truly Care does not store or process your payment information directly.
For payments between Care Seekers and Care Providers:
- Truly Care is not a party to the transaction and is not responsible for any payment disputes.
- Care Seekers and Care Providers are responsible for setting and managing their own payment terms.
- We strongly recommend that both parties document agreements in writing.
If subscription services become available, the applicable terms will be clearly disclosed prior to purchase.
5.3 Fees and Refunds
Any fees charged through the Service will be clearly disclosed before purchase. At this time, Truly Care does not offer subscription plans; however, we may introduce optional paid features or plans in the future.
When such plans are available:
- Subscription fees will be charged in advance.
- Fees are generally non-refundable, except:
- Where required by law;
- At Truly Care’s discretion in exceptional cases;
- As specified in any promotional offer.
In the event of a declined charge or chargeback related to a paid feature, your access to certain services may be restricted or terminated until the issue is resolved.
If you have any questions or concerns about a payment, please contact us at info@truly.care or (424) 955-2273.
6. PRIVACY AND DATA SECURITY
Truly Care collects and processes personal information, including data from AI agent interactions, as described in our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our data practices as described in the Privacy Policy.
AI agent interactions may be recorded, analyzed, and used to improve our services. This may include conversation logs, response patterns, and user feedback.
We implement reasonable security measures to protect your information but cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.
7. BACKGROUND CHECKS AND VERIFICATION
7.1 Optional Verification Services
Truly Care may offer optional verification services to various Platform Participant categories, including identity verification and background checks. These services are provided by third-party vendors and are subject to additional terms.
You understand and agree that:
- Background check information may be incomplete or inaccurate
- Background checks have limitations and should not be the sole basis for hiring decisions
- Truly Care does not guarantee the accuracy of any verification services
- Verification services do not guarantee a Care Provider's competence or character
7.2 Consent for Background Checks
If you are a Care Provider who elects to undergo a background check through the Service, you authorize Truly Care and its third-party vendors to conduct such checks and to share the results with potential Care Seekers who consider hiring you.
8. COMMUNICATIONS
By using the Service, you consent to receive communications from Truly Care, including:
- Service-related announcements
- Updates about new features
- Administrative messages
- Marketing communications (which you may opt out of)
9. INTELLECTUAL PROPERTY
9.1 Truly Care Intellectual Property
The Service and all content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and software) are owned by Truly Care or our licensors and are protected by copyright, trademark, and other intellectual property laws.
9.2 License to Use the Service
Subject to these Terms, Truly Care grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. This license does not include:
- Any resale or commercial use of the Service
- Any collection or use of user listings, descriptions, or pricing
- Any derivative use of the Service
- Any downloading or copying of account information
- Any use of data mining, robots, or similar data gathering tools
10. TERMINATION
Truly Care may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
- Your right to use the Service will cease immediately
- You remain liable for all amounts due up to and including the date of termination
- Sections of these Terms that by their nature should survive termination shall survive
11. DISCLAIMERS
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TRULY CARE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- UNINTERRUPTED OR ERROR-FREE SERVICE
- SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
- THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE
- THE QUALITY OF ANY CARE SERVICES ARRANGED THROUGH THE SERVICE
- THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED RESPONSES
- THE SUITABILITY OF AI RECOMMENDATIONS FOR YOUR SPECIFIC SITUATION
- THE PERFORMANCE OR AVAILABILITY OF AI FEATURES
- THE SUITABILITY AND SAFETY OF PARTICULAR CARE PROVIDERS OR CARE SEEKERS
TRULY CARE DOES NOT VERIFY THE SKILLS, DEGREES, QUALIFICATIONS, OR EXPERIENCE OF CARE PROVIDERS EXCEPT TO THE EXTENT OF ANY OPTIONAL VERIFICATION SERVICES EXPLICITLY DESCRIBED ON THE SERVICE.
TRULY CARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR ANY ENGAGEMENT FACILITATED BY IT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRULY CARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF TRULY CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR TRULY CARE WAS GROSSLY NEGLIGENT.
IN NO EVENT SHALL TRULY CARE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNTS PAID BY YOU TO TRULY CARE FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, the liability of Truly Care and its affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will be limited to the greatest extent permitted by law.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Truly Care and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your conduct in connection with the Service, including without limitation during any engagement facilitated by the Service
- Any information obtained from or through the Service
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
14.2 Arbitration
ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN YOU AND US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND WE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT).
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH DOCUMENT SUBMISSION, BY PHONE, OR ONLINE. THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF AS A COURT WOULD. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. YOU AGREE AND UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
14.3 Class Action Waiver
ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION BASIS. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. NOTWITHSTANDING THE FOREGOING, ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
14.4 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS.
14.5 Opt-Out
You may opt out of this arbitration agreement by notifying Truly Care in writing within 30 days of your first use of the Service.
15. MISCELLANEOUS
15.1 Supplemental Terms
Truly Care may establish supplemental terms and conditions for specific user categories, service features, or business relationships. Such supplemental terms will be provided to applicable users and shall be deemed incorporated into these Terms. In the event of conflict between these Terms and any supplemental terms, the supplemental terms shall control for the specific category or service to which they apply.
15.2 Future Services
Truly Care may introduce new services, features, or user categories. Such additions will be governed by these Terms unless separate terms are provided.
15.3 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Truly Care concerning the Service.
15.4 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
15.5 No Waiver
Truly Care's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
15.6 Assignment
You may not assign or transfer these Terms or your rights under these Terms without Truly Care's prior written consent. Truly Care may assign or transfer these Terms without your consent.
15.7 Electronic Communications, Transactions, and Signatures
Using the Service, including by visiting our website, sending us emails, and completing online forms all constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
15.8 Relationship; Interpretation
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them.
15.9 California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
15.10 Contact Information
For questions about these Terms, please contact us at:
Truly Care, Inc.
2934 ½ Beverly Glen Circle
Los Angeles, CA 90077
info@truly.care
424-955-2273
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By using the Truly Care Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.