Terms of Service

Company: CatchupLife, Inc., doing business as AshaCares (“AshaCares,” “we,” “us,” or “our”)

Operating entity in India: In India, AshaCares services are delivered through [ServiceGTD legal entity name] (“ServiceGTD”), our operating entity, which engages and manages Care Providers there. References to “AshaCares” in Sections 5 to 8 include ServiceGTD when it delivers Services in India.

Effective date: [date of publication]

Please read these Terms of Service (“Terms”) carefully before using AshaCares. By creating an account, paying for a plan, or using our Services, you agree to these Terms.

1. Definitions

• “Subscriber” (“you”) means an adult (18 or older) who creates an AshaCares account, accepts these Terms, and pays for the Services for one or more Care Recipients.

• “Care Recipient” means the parent or other elder for whom a Subscriber buys the Services. Care Recipients do not need an account.

• “Family Members” means the people a Subscriber invites to view a Care Recipient’s information in the Family Hub.

• “Asha” means our AI assistant: an automated voice and messaging agent that calls Care Recipients, sends reminders, and records what was done.

• “Wellness Coach” means an AshaCares team member experienced in senior care management who helps set up and follow up on a Care Recipient’s care plan. Wellness Coaches do not give medical advice.

• “Care Provider” means an independent third party, such as a doctor, nutritionist, fitness trainer, caregiver, home care agency, diagnostic lab, lawyer or home repair service, that a Subscriber or Care Recipient engages through AshaCares.

• “Care Plan” means the record of a Care Recipient’s routines, reminders, appointments, contacts, documents and emergency plan that we keep in the Services.

• “Conversation Data” means call recordings, transcripts, summaries and notes created from Asha’s calls and messages with Care Recipients.

• “Services” means everything AshaCares offers, including Asha’s calls and reminders, Wellness Coach support, any in-person visits included in your plan, the Care Plan, appointment coordination, emergency preparedness, document storage, the Family Hub, and finding and coordinating Care Providers.

2. Eligibility

You must be at least 18 and able to enter into a binding contract to use the Services. The Services are offered worldwide for Care Recipients in the locations we support; some features, including in-person Care Providers, are available only in certain cities.

3. What AshaCares is, and what it is not

AshaCares is a care coordination and concierge service. We help families plan, organize and follow up on an elder’s care, and help them find and work with Care Providers.

AshaCares is not a healthcare provider, caregiving agency, home health agency, nursing service, or emergency service. We do not diagnose, treat or give medical advice. Medical decisions belong to the Care Recipient, their family and their doctors. We guide; we do not sell care services of our own.

4. Care Recipient consent

AshaCares works with two parties: you, who buy the Services, and the Care Recipient, who receives them. Nothing starts without the Care Recipient’s agreement.

Your responsibilities. Before we start, you will tell the Care Recipient that AshaCares will call them, that Asha is an AI, that calls are recorded, and what Family Members will be able to see. You confirm that you have the authority to arrange the Services for them.

Consent on the first call. On Asha’s first call, Asha explains the Services, says that she is an AI and that calls are recorded, describes what will be shared with the family, and asks the Care Recipient whether they agree. We record their answer. If they do not agree, we will not start the Services; you can cancel for a full refund under Section 9.

Withdrawing consent. A Care Recipient can pause or stop the Services at any time by telling Asha, their Wellness Coach, or us. We will stop calls and reminders promptly and tell you.

Capacity. If a Care Recipient cannot give consent themselves (for example, because of cognitive decline), the Services may be arranged only by a person legally authorized to decide for them, who confirms that authority to us in writing.

5. Conversation Data and what families see

What Family Members see. By default, Family Members invited by you can see the Care Recipient’s Care Plan, documents, progress, and Conversation Data. You and the Care Recipient can change this at any time, for example to share only summaries or to keep certain topics private. The Care Recipient is told what is shared before the Services start.

What Care Providers and Wellness Coaches see. We share only the information a Care Provider or Wellness Coach needs to deliver the service you or the Care Recipient asked for, and only after you or the Care Recipient have agreed to that provider.

ServiceGTD. To deliver Services in India, we share with ServiceGTD the information it needs to coordinate the Care Recipient’s care and Care Providers. ServiceGTD handles that information under the same commitments as these Terms and our Privacy Policy.

Using Conversation Data to improve Asha. By using AshaCares, you agree that Conversation Data may be used to improve Asha’s quality, safety and the overall Services. This is a condition of using AshaCares, not an optional setting; we do not offer an opt-out at this time. [Decision needed: see Drafting notes.]

What we never do. We never sell, rent or broker personal information or Conversation Data, and never use it for advertising. AshaCares is funded by subscriptions and does not run an advertising business.

Health documents. You may upload reports, prescriptions, insurance papers and similar documents. Upload only documents you are entitled to share. Our Privacy Policy explains how we store and protect personal information, including under India’s Digital Personal Data Protection Act, 2023.

6. Asha and Wellness Coaches: limits

Asha is an AI. Her calls and messages are generated by large language models and may sometimes be inaccurate, incomplete or misunderstood, especially on poor phone lines or in mixed languages. Asha will always say she is an AI when asked. Reminders and notes from Asha are aids, not instructions; the Care Recipient’s doctors’ instructions always take priority.

Wellness Coaches do not give medical advice. A Wellness Coach helps identify what needs attention (for example, a doctor’s consultation that is due, help with exercise, or diet guidance), arranges it, and follows up. They do not diagnose, prescribe, change medicines, or replace a doctor.

Noticing changes. Asha may notice changes in a Care Recipient’s mood, routine or wellbeing and let you know. This is not monitoring, diagnosis or a medical alert system, and Asha may miss changes. Do not rely on AshaCares to detect a health problem.

7. Emergencies

AshaCares is not an emergency service. Asha cannot connect a Care Recipient to emergency services such as ambulance, police or fire, and no one at AshaCares is on call to respond in person. In an emergency, the Care Recipient or anyone with them should contact local emergency services directly.

Emergency preparedness. We help you build an emergency plan (preferred hospital, doctors, insurance details, ambulance provider and local contacts) and rehearse it. If Asha learns of a possible emergency, she will try to alert the contacts in that plan. Alerts can fail or be delayed, for example if phones are switched off or networks are down.

Hospital support. If you book a Care Provider to be with the Care Recipient during a hospital admission, that support is provided by the Care Provider under Section 8.

AshaCares is not liable for any outcome arising from reliance on Asha, a Wellness Coach, or an emergency plan, or from a failed or delayed alert, except where the law does not allow us to limit that liability.

8. Care Providers

How we find them. When a Care Recipient needs help, we review their needs and usually recommend two or three Care Providers that fit. You or the Care Recipient choose. We share provider profiles and can help arrange a call before you decide.

How we check them. Before we recommend a Care Provider, we:

1. check their business details and compliance;

2. review feedback from past clients;

3. evaluate them, in person where relevant;

4. confirm the licenses or registrations their work legally requires, and sign a written agreement with them;

5. confirm they meet our quality standards; and

6. keep monitoring their performance, through visit ratings and periodic reviews.

Care Providers who send staff into a home must run background verification on those staff. You may ask for additional checks on a specific person; we will tell you the cost first.

Checks are not guarantees. Our checks reduce risk but cannot remove it. We do not guarantee any Care Provider’s work, conduct, availability or results.

Care Providers are independent. Care Providers are not employees, agents or partners of AshaCares. Each Care Provider is solely responsible for the services it delivers, its staff, its professional judgment, and its compliance with the law. Your agreement for those services is with the Care Provider, on terms we share with you before you book.

Payment. Care Providers set their own prices, which we show you before anything is booked. You may pay a Care Provider directly or through AshaCares. When you pay through AshaCares, we collect the payment on the Care Provider’s behalf and pass it on. AshaCares does not take a commission from Care Providers. We accept international credit and debit cards.

Cancellations and refunds for Care Provider services follow the Care Provider’s own policy, which we share before you book. If something goes wrong, we will work with you and the Care Provider toward a fair outcome, such as rescheduling, a replacement or a partial refund, but the refund decision rests with the Care Provider.

Replacements. If a Care Provider becomes unavailable or you want someone else, tell your Wellness Coach. We will arrange a replacement, generally within 2 to 4 days, depending on location and the type of service.

Problems with a Care Provider. Report any concern about safety or conduct to us immediately. We may stop recommending, or remove from our network, any Care Provider who falls short of our standards. Anyone who puts a Care Recipient at risk is removed immediately.

Care Providers in India. In India, Care Providers are engaged under agreements with ServiceGTD, which recommends, verifies, onboards and monitors them as described above and coordinates scheduling and replacements. When you pay for a Care Provider’s services in India through AshaCares, ServiceGTD may collect that payment on the Care Provider’s behalf and pass it on. The no-commission commitment above applies to ServiceGTD as well.

9. Pricing, billing and refunds

9.1 Price.

Your price is the one confirmed to you in writing before you pay and shown on your invoice. Plans are paid for a year in advance, in US dollars. Your plan description lists what is included, for example Asha, your Wellness Coach, and weekly in-person visits. Anything not included in your plan, such as additional Care Provider services, devices, travel, medicines, tests and repairs, is paid separately (Section 8). Prices do not include taxes, which are added where required by law.

9.2 Founding families.

Founding families receive a discounted price for their first year. If you join as a founding family:

• your Services will start within [3 months] of payment, or you may ask for a full refund; and

• you may cancel for any reason within the first month after your Services start and receive a full refund.

The founding price applies to your first year. We will tell you the renewal price at least 30 days before your plan renews.

9.3 Cancellation.

You may cancel at any time by emailing [support email] or messaging your Wellness Coach. After the refund period in Section 9.2, cancellation stops future renewal, and your Services continue until the end of the paid year; we do not give partial refunds for the remaining period, except where the law requires it. If a Care Recipient does not agree to the Services on Asha’s first call, you will receive a full refund.

9.4 Renewal.

[Decision needed: Your plan renews automatically each year at the then-current price unless you cancel before the renewal date. We will remind you by email at least 30 days before each renewal.]

9.5 Price changes.

We will give you at least 30 days’ written notice before changing your price. A new price applies from your next renewal, never to a year you have already paid for.

9.6 Sponsored plans.

If an employer, insurer or other organization pays for your Services, the terms of that arrangement also apply, and some features or prices may differ.

10. Account and security

You agree to give accurate information, keep your login details confidential, and keep the Care Recipient’s details up to date. You are responsible for activity under your account, including by Family Members you invite. Tell us immediately at [support email] if you suspect unauthorized access.

11. Acceptable use

You agree not to use the Services to:

• harass, deceive, exploit or harm any Care Recipient, Care Provider or other person, including financially;

• arrange Services for a Care Recipient who has objected, or without the authority to do so;

• break any law, including India’s Digital Personal Data Protection Act, 2023, the U.S. Telephone Consumer Protection Act, or telecom rules;

• reverse-engineer, scrape or get around any part of the Services;

• give false, misleading or fraudulent information;

• bypass AshaCares to recruit Care Providers’ staff in ways their agreements prohibit; or

• send commercial solicitation, spam or political campaigning.

We may suspend or close accounts that break these Terms.

12. Intellectual property

AshaCares and its licensors own all rights in the Services, including Asha’s technology, prompts, models and platform. These Terms do not transfer any of those rights to you.

You and the Care Recipient keep ownership of your personal information, documents and stories. You give AshaCares a limited, non-exclusive, worldwide license to process, store, transcribe and organize that content only to operate and improve the Services, as described in Section 5.

13. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT ASHA’S CALLS OR MESSAGES WILL BE ACCURATE OR COMPLETE, THAT ANY ALERT WILL BE DELIVERED, OR THAT ANY CARE PROVIDER WILL PERFORM AS EXPECTED.

14. Limitation of liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, CATCHUPLIFE, INC., SERVICEGTD, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS OR EMOTIONAL DISTRESS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

NEITHER ASHACARES NOR SERVICEGTD IS LIABLE FOR THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF ANY CARE PROVIDER OR ITS STAFF, OR FOR ANY MEDICAL OUTCOME.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US$100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS; THERE, OUR LIABILITY IS LIMITED TO THE EXTENT THE LAW ALLOWS.

15. Indemnification

You agree to defend, indemnify and hold harmless CatchupLife, Inc., ServiceGTD, and their officers, directors, employees and agents from claims, damages, losses and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your violation of any law or the rights of others; (c) arranging the Services for a Care Recipient without their consent or your authority; or (d) content you submit through the Services.

16. Force majeure

Neither party is liable for failure to perform because of causes beyond its reasonable control, including natural disasters, government action, war, civil unrest, pandemics, power failures, telecom outages, or disruptions to third-party infrastructure such as telephony, cloud or payment providers.

17. Dispute resolution

17.1 Informal resolution.

Before filing any claim, you agree to contact us at [support email] and give us 30 days to try to resolve it.

17.2 Binding arbitration.

If that fails, any dispute arising from these Terms or the Services will be resolved by final, binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in San Mateo County, California, or by video conference. You waive any right to a class action or class-wide arbitration. You may opt out of arbitration by emailing [support email] within 30 days of first accepting these Terms; if you do, disputes will be resolved in the state or federal courts of San Mateo County, California. Either party may use small claims court.

17.3 Governing law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except where the law of your country of residence requires otherwise.

18. Termination

We may suspend or end your account immediately for a material breach of these Terms, including any action that puts a Care Recipient or Care Provider at risk, or with 30 days’ notice for any other reason, in which case we will refund the unused portion of your paid year. When your account ends, access to the Services stops and we handle your data as described in our Privacy Policy.

19. Survival

Sections 5, 8, 12, 13, 14, 15, 17 and 19 survive termination of these Terms.

20. Changes to these Terms

We may update these Terms. We will tell you about material changes by email or in-app notice at least 14 days before they take effect. If you continue using the Services after that, you accept the updated Terms. If you do not agree, you may cancel before the change takes effect and receive a refund for the unused portion of your paid year.

21. Grievances (India)

Care Recipients and users in India can raise any complaint about the Services or their personal data with our Grievance Officer at ServiceGTD: [Name], [Title], [email], [phone]. We will acknowledge complaints within [48 hours] and aim to resolve them within [30 days].

22. Contact

CatchupLife, Inc. (AshaCares), 1840 Gateway Dr. Suite 400 PMB#213 San Mateo CA 94404 USA. Email: info@catchup.life. Phone: (650) 788-2425.

In India:ServicesGTD, L2 Block A, Samhita Castl, C.V.Raman Nagar, Bangalore North, Bangalore- 560093, Karnataka, India. Email: Contact@servicegtd.com.