Terms & Conditions

Effective Date: October 16, 2025

1. INTRODUCTION AND ACCEPTANCE

These Terms of Use (“Agreement” or “Terms“) govern access to and use of the CareBusinessAdvisor.com website and related advisory, consulting, and educational services (the “Services” or “Platform“) provided by Caryfy, LLC (“Caryfy,” “we,” “us,” or “our“).

By accessing, browsing, or using the Platform, the individual or entity accessing the Platform (“User” or “Client“) agrees to be bound by these Terms. If you do not agree, please do not use the Platform.

2. DEFINITIONS

Affiliate means any entity controlling, controlled by, or under common control with Caryfy, LLC.

Client means any individual or entity that uses the Platform or subscribes to Services.

Confidential Information means all non-public information disclosed by either party that is marked as confidential or reasonably should be understood to be confidential.

Content means all text, graphics, data, information, materials, and other content available on the Platform.

GDPR means the General Data Protection Regulation (EU) 2016/679.

Personal Data means information relating to an identified or identifiable natural person as defined under applicable law (e.g., GDPR, CCPA).

Platform means the CareBusinessAdvisor.com website, mobile applications, and all Services provided thereunder.

Services means advisory, consulting, educational, and informational services related to healthcare business development, management, and strategy.

User Data means all data, content, and information submitted by Users to or collected through the Platform.

3. LICENSE AND ACCESS

3.1 License Grant

Subject to these Terms, Caryfy grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for lawful purposes only, during the period for which the User maintains an active account or subscription (if applicable).

3.2 Use Restrictions

Users shall not (and shall not permit others to):

  • Modify, adapt, translate, or create derivative works of the Platform or its Content;
  • Reverse engineer, decompile, or disassemble the Platform;
  • Use the Platform to infringe third-party intellectual property rights or violate applicable law;
  • Share, sell, or misuse login credentials or circumvent access controls;
  • Engage in automated data collection, scraping, or harvesting without prior written consent;
  • Introduce malware, viruses, or harmful code;
  • Interfere with or disrupt the Platform’s operations or security;
  • Use the Platform for harassment, defamation, or illegal purposes;
  • Violate any applicable laws, regulations, or third-party rights.

3.3 Intellectual Property

All Content, software, design, graphics, and other materials on the Platform are owned by Caryfy or its licensors and protected by copyright, trademark, and other intellectual property laws. Users may view and print Content for personal, non-commercial use only, unless otherwise authorized in writing.

4. USER DATA; PRIVACY; SECURITY

4.1 Ownership and Control

Users retain all rights in User Data they submit to the Platform. Caryfy is granted a limited license to use, store, and process User Data solely to provide, maintain, and improve the Services, and to comply with legal obligations.

4.2 Data Processing and Privacy

Data collection, processing, and handling are governed by the CareBusinessAdvisor.com Privacy Policy, which is incorporated by reference. By using the Platform, Users consent to the collection and processing of Personal Data as described in the Privacy Policy.

4.3 Security Safeguards

Caryfy implements administrative, technical, and physical safeguards designed to protect User Data against unauthorized access, disclosure, alteration, and loss. However, no security system is impenetrable, and Caryfy cannot guarantee absolute security.

4.4 Data Retention and Deletion

  • Active Accounts: Users may export User Data while their account is active.
  • Upon Termination: Within thirty (30) days of account termination or request, Caryfy will provide downloadable User Data in standard formats (e.g., CSV, PDF).
  • Deletion Timeline: Remaining data will be deleted within sixty (60) days of termination, unless legally required to retain it.
  • Backups: Data in backup systems may be retained for an additional thirty (30) days for recovery purposes.

4.5 Breach Notification

In the event of a Breach of unsecured Personal Data, Caryfy will notify affected Users without unreasonable delay and in no event later than sixty (60) days after discovery, including details of the Breach and recommended mitigation steps.

5. FEES, PAYMENTS, AND BILLING

5.1 Service Fees

Users shall pay all fees specified at the point of purchase, via subscription agreement, or as otherwise agreed. Unless explicitly stated as refundable, all fees are non-refundable.

5.2 Payment Terms and Methods

Payment is due according to the billing cycle specified (monthly, annually, or as agreed). Accepted payment methods include credit/debit cards and other methods specified on the Platform. Caryfy may suspend access if payment is not received within five (5) business days of the due date.

5.3 Reactivation Fees

A reactivation fee of up to $250 may apply if a suspended account is reactivated, plus any bank or payment processing fees incurred.

5.4 Taxes

All fees quoted are exclusive of applicable taxes, including sales tax, VAT, and GST. Users are responsible for all taxes applicable to their jurisdiction.

5.5 Billing Disputes

Users must notify Caryfy of billing disputes in writing within thirty (30) days of receiving an invoice. Caryfy will investigate and adjust billing as appropriate.

5.6 Credit Card Surcharges

Caryfy may apply a surcharge (not to exceed 3% of the transaction amount) to cover credit-card processing costs. Surcharges will be disclosed clearly before payment.

6. ADVISORY NATURE OF SERVICES; DISCLAIMERS

6.1 Educational and Advisory Services

The Services provided via CareBusinessAdvisor.com are educational, informational, and advisory in nature. They are intended to provide general guidance and business insights related to healthcare industry management and strategy.

6.2 Not Professional Advice

Users acknowledge that the Services do not constitute legal, accounting, medical, tax, or financial advice. Users should consult with qualified professionals (attorneys, accountants, physicians, tax advisors) before making business, legal, or healthcare-related decisions. Caryfy does not establish an attorney-client, accountant-client, or professional adviser relationship with Users.

6.3 No Warranty

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.4, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CARYFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.

6.4 Limited Warranty

Caryfy warrants that the Platform will materially conform to its documentation as posted on the Platform, provided that Users use the Platform in accordance with these Terms and applicable documentation.

6.5 Third-Party Content and Links

The Platform may contain links to third-party websites, products, and services. Caryfy is not responsible for the accuracy, legality, or content of third-party sites. Users’ interactions with third parties are at their own risk.

7. LIMITATION OF LIABILITY

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CARYFY NOR ITS AFFILIATES SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF USE, OR LOST BUSINESS OPPORTUNITY, EVEN IF CARYFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Liability Cap

EXCEPT AS PROVIDED IN SECTION 7.3, CARYFY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY THE USER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR FIVE HUNDRED U.S. DOLLARS (USD $500), WHICHEVER IS GREATER.

7.3 Exceptions to Liability Limitations

Sections 7.1 and 7.2 do not apply to:

  • Caryfy’s indemnification obligations under Section 8;
  • Claims arising from Caryfy’s gross negligence or willful misconduct;
  • Breaches of confidentiality obligations;
  • Any liability that cannot be limited under applicable law.

7.4 Force Majeure

Neither party is liable for delays or failures in performing obligations caused by events beyond reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, or internet infrastructure failures.

8. INDEMNIFICATION

8.1 By Caryfy

Caryfy will defend Users against third-party claims alleging that the unmodified Platform infringes any U.S. patent, copyright, or trademark, and will pay any final judgment or settlement, provided that:

  • User provides prompt written notice of the claim;
  • Caryfy has sole control of the defense and settlement;
  • User provides reasonable cooperation.

8.2 By User

Users will defend Caryfy against third-party claims arising from:

  • User Data or its content;
  • Users’ violation of these Terms or applicable law;
  • Users’ misuse of the Platform;
  • Users’ violation of third-party intellectual property rights.

Users will pay any final judgment or settlement and associated costs.

8.3 Survival

Indemnification obligations survive termination of these Terms for two (2) years.

9. TERM AND TERMINATION

9.1 Term

These Terms commence upon a User’s first access to the Platform and continue indefinitely unless terminated by either party.

9.2 Termination by User

Users may terminate their account and use of the Services at any time by following the account deletion procedures on the Platform or notifying Caryfy in writing.

9.3 Termination by Caryfy

Caryfy may terminate a User’s account or access to the Services:

  • For material breach of these Terms, if not cured within thirty (30) days of written notice;
  • For illegal activity or violation of third-party rights;
  • If required by law;
  • For non-payment, after providing five (5) business days’ notice;
  • At Caryfy’s discretion, with thirty (30) days’ notice.

9.4 Effect of Termination

Upon termination:

  • All licenses and rights granted to Users terminate immediately;
  • Users shall cease use of the Platform;
  • Users remain responsible for outstanding fees;
  • Caryfy will handle User Data in accordance with Section 4.4;
  • Sections 3.3, 4, 6.2, 6.3, 7, 8, 9.4, 10, 11, and 12 survive termination.

10. CONFIDENTIALITY

Each party agrees to protect the other’s Confidential Information with at least the same degree of care used for its own confidential information (but not less than reasonable care). Neither party shall disclose Confidential Information except:

  • To employees, contractors, and agents with a need to know, who are bound by confidentiality obligations;
  • As required by law or court order, with prompt notice to the disclosing party.

User Data is Confidential Information.

11. CHANGES TO PLATFORM AND TERMS

11.1 Platform Modifications

Caryfy may modify, suspend, or discontinue Services, features, or functionality at any time. Material changes will be communicated via email, in-app notification, or the Platform website.

11.2 Terms Amendments

Caryfy may amend these Terms upon thirty (30) days’ prior notice. Continued use of the Platform after the Effective Date of amendments constitutes acceptance of the amended Terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

12.2 Dispute Resolution

Informal Resolution: Before initiating formal proceedings, Users and Caryfy agree to attempt to resolve disputes through good-faith negotiation and mediation in Fulton County, Georgia.

Arbitration: If a dispute is not resolved within sixty (60) days, it shall be finally resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Fulton County, Georgia. Arbitration is on an individual basis only; class action and representative proceedings are waived.

Injunctive Relief: Caryfy may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized access to the Platform.

13. MISCELLANEOUS

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between Users and Caryfy regarding the Platform and Services, and supersede all prior or contemporaneous agreements.

13.2 Assignment

Neither party may assign or transfer these Terms without the other’s prior written consent, except that Caryfy may assign to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Any unauthorized assignment is void.

13.3 Severability

If any provision is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms remains in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

13.4 Waiver

The failure of either party to enforce any provision does not constitute a waiver of that provision or the right to enforce it at a later time.

13.5 Notices

All notices must be in writing and delivered by:

  • Email to the email address on file for the User’s account or to support@carebusinessadvisor.com for Caryfy;
  • Nationally recognized overnight courier to the party’s principal address;
  • Hand delivery.

Notices are deemed received when delivered by email (with confirmed receipt), upon next business day for overnight courier, or upon hand delivery.

13.6 Affiliate Services

If Users access services from Caryfy Affiliates (e.g., Care Bravo, Careonomy), those affiliates’ terms and privacy policies govern those services. These Terms apply only to CareBusinessAdvisor.com.

13.7 Use By Children

The Platform is not intended for users under the age of thirteen (13). Caryfy does not knowingly collect Personal Data from children under thirteen. If Caryfy becomes aware that a child under thirteen has provided Personal Data, it will delete such information promptly.