Terms and Conditions

1. Welcome

These Terms and Conditions ("Terms") form a binding legal agreement between you and RockyCare ("RockyCare," "we," "us," or "our"), a service of ArrayLink, covering your access to and use of the RockyCare caregiving platform at rockycare.arraylink.aiand related SMS, email, and support services (together, the "Service"). By creating an account, checking any of the consent boxes on sign-up, or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

• "You" means the person creating the account and using the Service.
• "Care recipient" means the person you are providing care for and whose information you add to the Service.
• "Your content" means anything you submit to the Service, including care notes, medication plans, appointments, and contact information.
• "Service" means the RockyCare website, application, SMS program, and related features.

3. Eligibility, accounts, and account security

You represent and warrant that you (a) are at least 18 years old and legally capable of entering into a binding contract; (b) are not barred from receiving the Service under U.S. law or the laws of any other applicable jurisdiction; and (c) will provide accurate, complete, and current information when creating your account.

• You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us immediately at contact@arraylink.ai of any unauthorized use of your account. We are not liable for any loss arising from your failure to keep your credentials secure or to notify us promptly.
• We may, in our sole discretion and without notice, refuse registration, suspend, or terminate accounts that violate these Terms, misuse the Service, or pose a security or compliance risk.

4. Care recipients and shared care

You represent and warrant that you have all rights, consents, and authority necessary to submit information about any care recipient to the Service and to share that information with any co-caregiver you invite. If you invite another caregiver to share care for the same recipient, you acknowledge that they will be able to view and modify the shared information you enable.

You are solely responsible for obtaining the care recipient's consent (or, where applicable, exercising your legal authority such as a power of attorney or guardianship) before submitting their health-related information. RockyCare has no independent duty to verify such consent or authority.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful, harmful, harassing, defamatory, discriminatory, or fraudulent purpose.
• Upload malware, attempt to gain unauthorized access, probe for vulnerabilities without our prior written permission, interfere with the Service, or place any unreasonable load on our infrastructure.
• Scrape, copy, distribute, sublicense, or resell any part of the Service without our written permission.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by law.
• Impersonate another person or misrepresent your affiliation with any person or entity.
• Use the Service to transmit any message you do not have permission to send, or in a manner that would violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM, or any other applicable messaging or communications law.

We may remove content and suspend or terminate accounts that violate these rules, and we may cooperate with law enforcement, regulators, and courts as required.

6. SMS / text messaging program

Program description. RockyCare operates an SMS program that sends account-related text messages to caregivers who opt in during sign-up. Messages include care notifications, prescription and medication reminders, appointment reminders, and account or security updates.

How to opt in. You opt in by providing your mobile number and checking the dedicated SMS consent box on our sign-up page. Consent to receive SMS is separate from your acceptance of these Terms and our Privacy Policy, and is not required to use the Service or as a condition of any purchase.

Message frequency. Message frequency varies based on your care activity. Message and data rates may apply from your wireless carrier.

Help and opt-out. Reply HELP at any time for help, or STOP to unsubscribe. After you reply STOP we will send one confirmation message and then stop sending SMS to that number. You may re-subscribe at any time by opting in again on the sign-up page.

Carriers.Carriers are not liable for delayed or undelivered messages. Supported carriers include AT&T, T-Mobile, Verizon, and most other major U.S. carriers.

Privacy. Your mobile opt-in data and consent will never be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy.

7. Notification and message delivery

You acknowledge and agree that RockyCare does not guarantee the delivery, timeliness, accuracy, or receipt of any notification, including SMS messages, email messages, push notifications, or in-app alerts. Delivery depends on many factors outside our reasonable control, including wireless-carrier availability, device settings, email deliverability, DNS, and internet routing.

You must not rely on RockyCare notifications as the sole means of managing time-sensitive medical decisions, including medication administration, emergency response, or clinical care. RockyCare notifications are a supplemental organizational tool only. To the maximum extent permitted by law, RockyCare has no liability for any missed, delayed, or undelivered notification, or for any consequence of your reliance on one.

8. No medical advice; caregiver responsibility

RockyCare is a caregiving-support tool. It is not a medical device, and it is not a substitute for professional medical judgment. Nothing in the Service constitutes medical advice, diagnosis, treatment, or a recommendation from a licensed healthcare professional. Always consult a qualified healthcare provider regarding any medical condition, medication, or treatment. In an emergency, call 911 or your local emergency number.

You expressly acknowledge that clinical judgment, medication administration, appointment attendance, and all decisions affecting the health, safety, and wellbeing of any care recipient remain solely with you and their treating clinicians. You assume all risks associated with your reliance on the Service.

9. No HIPAA covered-entity relationship

RockyCare is designed for individual caregivers and family members, not for use by covered entities under the Health Insurance Portability and Accountability Act ("HIPAA"). RockyCare is not acting as a "covered entity" or "business associate" under HIPAA, and no business-associate agreement is created by these Terms or by your use of the Service. You must not use the Service to transmit or store protected health information ("PHI") on behalf of any covered entity without our prior written consent.

10. Your content, license, and your representations

You keep ownership of your content. You grant RockyCare a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (only as needed for display and formatting), transmit, and process your content solely for the purpose of providing, securing, maintaining, and improving the Service for you and any caregivers you share with, and to create de-identified, aggregated data that cannot reasonably be used to identify you or any care recipient.

You represent and warrant that (a) you have all rights, authority, and consents required to submit your content and to grant the license above; (b) your content and its use in the Service will not infringe, misappropriate, or violate any third-party right or any applicable law; and (c) any care recipient information you submit is accurate to the best of your knowledge and provided with appropriate consent or legal authority. RockyCare has no obligation to monitor, review, or verify your content, but may do so to enforce these Terms or to comply with law.

11. Intellectual property

The RockyCare and ArrayLink names, logos, software, look and feel, and all content that we provide are owned by RockyCare, ArrayLink, or our licensors and are protected by U.S. and international intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal, non-commercial caregiving purposes. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you grant RockyCare a perpetual, irrevocable, worldwide, royalty-free license to use them without obligation to you.

12. Third-party services

The Service integrates with certain third-party services (for example, Google for sign-in and Twilio for SMS). Your use of those services is governed by their own terms and privacy policies, and you access them at your own risk. RockyCare is not responsible for, and disclaims all liability arising out of, any third-party service, including outages, security incidents, changes in behavior, or discontinuation.

13. Beta and experimental features

We may make features available on a beta, preview, or experimental basis. Those features are provided "as is" and "as available", may be changed, suspended, or discontinued at any time without notice, and are not covered by any service-level commitment. You use beta features at your own risk.

14. Fees and paid features

Core RockyCare features are currently available at no cost. If we introduce paid features in the future, we will disclose the applicable fees and terms before you incur any charge. Fees are non-refundable except where required by applicable law. Message and data rates from your wireless carrier apply to any SMS messages you agree to receive.

15. Termination and account deletion

You may close your account at any time from your settings or by contacting us. When you delete your account, we remove your personal data from live systems within 30 days, and from backups on the normal backup rotation. Certain records — including SMS consent logs and records we are required to keep — will be retained for the period required by applicable law.

We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have breached these Terms, misused the Service, created a security or compliance risk, or if we are required to do so by law. Sections that by their nature should survive termination (including 6–12, 15–24) will survive.

16. Disclaimers of warranty

To the maximum extent permitted by law, the Service and all content, features, and materials made available through it are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. RockyCare specifically disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, reliability, availability, timeliness, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components; that any defect will be corrected; that any specific message or notification will be delivered or delivered on time; or that the Service will meet your requirements or produce any particular result. You assume all risk of use.

17. Limitation of liability

To the maximum extent permitted by law, in no event will RockyCare, ArrayLink, or their affiliates, officers, directors, employees, agents, licensors, or service providers be liable to you or any third party for any (a) indirect, incidental, special, consequential, exemplary, or punitive damages, or (b) loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with the Service, these Terms, or any content, in each case whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (i) one hundred U.S. dollars (US$100) or (ii) the total amount you paid RockyCare, if any, in the twelve (12) months immediately preceding the event giving rise to the claim. Multiple claims will not enlarge this cap.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you; in that case, our liability is limited to the maximum extent permitted by law.

The parties agree that this Section reflects a reasonable allocation of risk and is an essential basis of the bargain, and that it applies notwithstanding the failure of any limited remedy of its essential purpose.

18. Indemnification by you

You will defend, indemnify, and hold harmless RockyCare, ArrayLink, and their affiliates and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your content, including any care recipient information you submit and any claim by a care recipient or other third party related to it; (c) your breach of these Terms or of any representation, warranty, or covenant you made under them; (d) your violation of any law or the rights of another person; or (e) any dispute between you and a third party arising from your use of the Service. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

19. Binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. Before starting a formal proceeding, you and RockyCare agree to attempt to resolve any dispute informally by contacting us at contact@arraylink.ai and providing a written notice describing the claim, the relief sought, and your contact information. We will attempt to resolve the dispute in good faith within sixty (60) days.

Binding individual arbitration. If we cannot resolve the dispute informally, you and RockyCare agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including their formation, interpretation, breach, or enforceability — will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable.

Class-action and jury-trial waiver. You and RockyCare each waive the right to a trial by jury and the right to participate as a plaintiff or class member in any purported class, collective, consolidated, private-attorney- general, or representative action. Claims may be brought only in your individual capacity. If a court decides that applicable law precludes enforcement of any of this paragraph as to any claim or request for relief, then that claim or request must be severed from the arbitration and may be brought in a court of competent jurisdiction, but all other claims will still be arbitrated.

Location and costs.Unless the parties agree otherwise, arbitration will take place in Wilmington, Delaware, or by videoconference for claims under US$25,000. We will pay filing, administration, and arbitrator fees to the extent required by the AAA rules or by law. Each party bears its own attorneys' fees except where the arbitrator awards them under applicable law.

Small claims and injunctive relief carve-outs. Notwithstanding this Section, (a) either party may bring an individual action in small-claims court, and (b) either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality rights, pending the outcome of arbitration.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to contact@arraylink.ai with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address on your account, and a clear statement that you decline arbitration. Opting out will not otherwise affect your relationship with RockyCare.

Federal Arbitration Act. This Section is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.

Survival. This Section survives termination of your account or of these Terms.

20. Time limit for bringing a claim

To the maximum extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose or be forever barred.

21. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and, where applicable, by U.S. federal law. Subject to the arbitration agreement in Section 19, any judicial proceedings (including to compel arbitration, enforce an arbitration award, or bring a claim excluded from arbitration) will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and both parties consent to personal jurisdiction there and waive any objection to that venue.

22. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective date" at the top and, for significant changes, notify you by email or in the app before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

23. Other terms

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms we present at the point of an individual feature, constitute the entire agreement between you and RockyCare regarding the Service and supersede all prior or contemporaneous agreements.
• No third-party beneficiaries. Except as expressly stated, these Terms do not create any third-party-beneficiary rights.
• Severability. If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce a right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, epidemics, telecommunications or utility failures, and internet, cloud, or third-party service outages.
• Notices. We may send notices to you by email to the address on your account, by SMS to the number you provided, or by posting a notice within the Service. You must send notices to us at contact@arraylink.ai.
• Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
• Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and RockyCare.

24. Contact us

Questions about these Terms, the RockyCare SMS program, or anything else?

• Through our sign-up and contact form.
• Or by email at contact@arraylink.ai.