Terms of Use

Effective Date: August 15, 2023

Thank you for using the Maia Care Incorporated (“Maia Care” or “Maia”) mobile device application. These Terms of Service (“Terms”) govern your use of all Maia Care Services (“Maia Services”), and specifically the Maia mobile application (the “App”) and Maia Care Content (“Maia Content”).

These Terms represent a binding contract between you and us, and by creating an account or otherwise accessing or using Maia Services, you expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any and all disputes. If you do not agree to be bound by these Terms, you may not use Maia Services.

Registration

Maia Care provides you and authorized caregivers access to the App and supporting services. When you create a Maia account, we require you to provide information about yourself, including your name, email address and a password (if you do not choose to use social login credentials from a service such as Google Sign-In).

You agree that the account information provided by you will be accurate, current, and in a form sufficient to allow us to contact you from time to time. You agree that we may send communications to your email address for customer service, promotions, and other matters. You may choose to opt out of some of this email correspondence. Please note that we will still send you account-related emails as applicable, such as password reset emails.

No Medical Advice

Maia Care Incorporated does not offer medical advice of any kind, and no part of the Maia Services is intended to be a substitute for professional medical advice, diagnosis, or treatment. You should not construe it as such. You should always seek the advice of your own physician or other qualified healthcare provider with any questions you have about a medical condition. Maia Care does not provide any services which are required to be performed by an individual licensed under the Nurse Practice Act, nor any services that are deemed “home services” or “in-home services” under applicable law.

Emergency Contact Policy

In the event of a health or medical emergency, our policy is to instruct users to contact your local emergency service.

Term and Termination

Users are subject to terms and conditions of their subscription. Users can stop using the App at any time. Maia Care has the right to terminate access or change the level of service with 30 days written notice. It is the intention of Maia Care to allow Charter Program users to continue to use the App indefinitely at no charge, for as long as the App remains in regular use by the user.

Subscriptions and Termination

The terms and conditions of any specific subscription agreement supersede and take priority over any terms that conflict with these Terms of Use.

A Maia Care subscription is for a set of users in one senior caregiver circle. Billing commences 30 days from the start of a subscription, and continues every month until the subscription is terminated. All charges are non-refundable. A subscription can be terminated at any time, including prior to the initial charge in the first 30-day period. Subscriptions can be canceled at any time in the Maia app under the “Manage subscription” option under “My account”. A canceled subscription can be reinstated within 90 days of cancellation.

Maia Care reserves the right to modify or discontinue subscription plans, features, and pricing at its discretion. Users will be notified of any changes that might affect their subscription. Maia Care reserves the right to terminate access or change the level of service with 30 days written notice. It is the intention of Maia Care to allow Charter Program users to use the App to support seniors not affiliated with any Maia Care customer or partner, indefinitely at no charge, for as long as the App remains in regular use by the user for the specific senior in the Charter Program.

Intellectual Property

Maia Care Incorporated is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store any Maia Content (as that term is defined below) outside of the Maia Care platform, or as otherwise provided to you directly by Maia Care. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Maia Content. You agree that all data, knowledge, processes, and the like which are used in connection with providing Maia Care and any of the Maia Care services to you are “trade secrets” as defined, without limitation, under applicable law. All intellectual property rights in Maia Care are, as between you and us, the sole and exclusive property of Maia Care Incorporated. “Maia Content” includes but is not limited to, all information, images, video clips, files, software, technical and scientific information, specifications, catalogs, trademarks, service marks, trade dress, and other content or materials on the App or Maia Care websites.

DISCLAIMERS

YOU AGREE THAT USE OF MAIA SERVICES IS AT YOUR OWN RISK AND THAT THE MAIA APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAIA CARE INCORPORATED AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MAIA CARE AND ANY OF THE MAIA SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAIA CARE MAY MAKE REFERRALS CONCERNING OTHER PROVIDERS OR SERVICES PERFORMED BY THIRD PARTIES. MAIA CARE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY SUCH PROVIDER. AND YOU AGREE TO HOLD HARMLESS MAIA CARE, ITS EMPLOYEES, AGENTS, CONTRACTORS, DIRECTORS, OFFICERS, AND PERSONNEL FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OR ANY OTHER LIABILITY, WHETHER KNOWN OR UNKNOWN, ARISING UNDER TORT OR CONTRACT, FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MAIA CARE INCORPORATED OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO MAIA CARE, IF ANY; (II) ANY FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF MAIA CARE SERVICES; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

Indemnity

You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Maia Services, Your Content, or the violation of these Terms by you.

Agreement to Arbitrate and Waiver of Class Action Claims

If a dispute arises, our goal is to provide you with a neutral and cost-effective means to resolve it quickly. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at Maia Care Incorporated, ATTN: DISPUTE NOTICE, 28 Marion Avenue, Albany, NY 12203 or by email to support@maia-care.com. Before we file a claim against you, we agree to contact you at the email address associated with your Maia Care account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

GENERAL.YOU AGREE THAT YOU AND MAIA CAREWILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO MAIA SERVICES OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail.
LOCATION OF ARBITRATION.If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, IL, or any other location you and we mutually agree to.
EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights or claims of criminal activity without first engaging in arbitration or the informal dispute resolution described in this Section.
CLASS ACTION WAIVER.YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Maia Care Incorporated, 28 Marion Avenue, Albany, NY 12203, or by email to support@maia-care.com. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we also will not be bound.

General

Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in these Terms is not a waiver of its right to do so later.
Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by New York law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of an exclusive venue in the federal and state courts in New York as the legal forum for any dispute between them.
Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Maia Care website or in our mobile application(s), or by posting updated Terms here.
Elder Abuse Reporting. Maia Care shall report all instances of elder abuse to appropriate authorities as outlined in the respective State Adult Protective Service reporting laws.
Miscellaneous.These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by us on the Maia Care website, these Terms shall govern, unless otherwise indicated. Sections of these Terms which by their nature should survive any termination will indeed survive.