FANACARE TERMS OF SERVICE
These terms are an agreement between you and FanaCare LLC, a Minnesota limited liability company (“we,” “us”), which publishes FanaCare. By creating an account or using FanaCare, you agree to these terms and to our Privacy Policy.
1. Who May Create A FanaCare Account
You must be at least 18 years old and either a parent or legal guardian of the child whose information you add, or an adult caregiver or nurse invited by that parent or guardian. Children may not create accounts or use FanaCare. If we learn that a child has created an account, we’ll delete it.
One account can hold information for up to five children. You’re responsible for keeping your sign-in details private and for activity on your account.
2. What FanaCare Is, And What It Isn’t
FanaCare helps you keep track of your child’s appointments, medications, school plans and records in one place.
FanaCare isn’t medical care or medical advice. It doesn’t diagnose, treat, or recommend treatment. It doesn’t replace your child’s doctors, therapists or school team. Ask your child’s provider or pharmacist about unclear or conflicting care instructions. We don’t monitor your child’s records or respond to reminders or alerts.
FanaCare isn’t for emergencies. In an emergency, call 911.
Check what the AI produces. FanaCare’s AI features read labels, summarize documents, extract details and transcribe recordings. AI can make mistakes. Check summaries, extracted details and transcripts against the original document or label before relying on them, especially for medication doses.
Reminders can fail. Phones run out of battery, lose notifications or change settings. Don’t rely on FanaCare as your only way to remember a dose or an appointment.
3. Your Information Stays On Your Phone
You keep any rights you have in what you put into FanaCare. You don’t transfer those rights to us. It’s stored on your phone, and we don’t receive it, as our Privacy Policy explains. Because it lives on your phone, you’re responsible for keeping your phone secure and for backing it up if you want a copy. If you lose your phone or delete the app without a backup, your information may be lost, and we can’t recover it.
You give us permission to run the app’s features on your information on your phone, only to provide those features to you. You also give permission for the sharing you choose with the helpers you invite.
4. Caregivers And Nurses You Invite
You can invite caregivers and registered nurses to help with your child’s care, and you choose what each one can see and do. You can change or revoke their access at any time. Revoking access can’t take back copies they have already saved or shared.
You choose your helpers. FanaCare doesn’t check anyone’s identity, background, or professional license. You’re responsible for choosing whom to invite and what you let them see and do.
If you’re an invited helper, you may use FanaCare only for the child you were invited to help, only as the parent or guardian allows, and only while they allow it. You must keep the child’s information private and use or share it only as the parent or guardian allows, unless the law requires otherwise. Nurses and other professional helpers remain responsible for their professional duties and for keeping any records their profession requires.
5. Recording Meetings With Providers Or Schools
FanaCare lets you record meetings with your child’s providers or school and keep a transcript. Recording laws differ by state, and some states require the consent of everyone in the conversation. Before you record, you must have the consent the law requires. Recordings and transcripts aren’t official records of the meeting.
The app deletes the audio after making the transcript. Transcripts can miss words or identify the wrong speaker. Once the audio is deleted, you can’t check the transcript against it. Deleting audio doesn’t make an unlawful recording lawful.
6. The AI Built Into Your Phone
FanaCare’s AI features use the AI built into your phone, provided by Apple or Google under their own terms. Which features work depends on your phone’s model and settings, and Apple or Google may change or stop those features.
7. Subscriptions, Renewals, Cancellations And Refunds
Some features may require a paid subscription. Apple or Google handles billing under its app-store terms. Before you subscribe, the purchase screen shows the price, billing period, included features, and any trial terms, including when a trial becomes paid and how to avoid that charge. Subscriptions renew automatically unless you cancel before the renewal deadline shown at purchase. You can cancel through your app-store account settings.
Canceling stops future renewals. Paid access continues until the end of the paid period unless you receive a refund or your access ends as described below. Deleting the app or your account doesn’t cancel your subscription. We’ll provide purchase confirmations and any trial, renewal or change notices the law requires, in a form you can keep, with instructions for canceling. You can request a refund through the store where you subscribed. Store billing doesn’t limit your rights under applicable law.
8. What You May Not Do With FanaCare
Don’t use FanaCare to add information about a child you don’t have the right to manage; record anyone without the consent the law requires; break the law or someone else’s rights; or copy, change, reverse-engineer, or interfere with the app or our servers, except where the law allows it.
9. Our Rights In The FanaCare App
We own FanaCare, including its software, design and name. We give you a personal, non-transferable right to use FanaCare on devices you own or control, under these terms and the app-store rules, including the App Store terms below. We may end that right as described under ending your use. If you send us feedback, we may use it without owing you anything.
10. Ending Your Use Of FanaCare
You can stop using FanaCare and delete your data at any time with “delete all data.” This doesn’t delete copies held by helpers or in your own backups, and it doesn’t cancel your subscription. We may suspend or close an account that breaks these terms, after notice where we reasonably can. The terms on your information, our rights, disclaimers, limits on liability, your responsibility to us, disputes and the App Store continue after your account ends where needed to give them effect, but your right to use the app ends when your account ends.
11. Disclaimers Of Implied Warranties For FanaCare
FANACARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THIS DOESN’T CANCEL OUR EXPRESS PROMISES OR WARRANTIES THE LAW DOESN’T ALLOW US TO DISCLAIM. We don’t promise that FanaCare will be uninterrupted or error-free, or that AI output will be accurate.
12. Limits On Our Liability To You
TO THE FULLEST EXTENT THE LAW ALLOWS, WE AREN’T LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF FANACARE. OUR TOTAL LIABILITY FOR CLAIMS RELATING TO FANACARE, INCLUDING DIRECT DAMAGES FOR LOST DATA, IS LIMITED TO THE GREATER OF THE FEES YOU PAID FOR FANACARE, INCLUDING THROUGH APPLE OR GOOGLE, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100. THESE LIMITS INCLUDE CLAIMS OF OUR ORDINARY NEGLIGENCE. THEY DON’T APPLY TO INJURY OR DEATH; TO OUR FRAUD, OR INTENTIONAL, RECKLESS, GROSSLY NEGLIGENT OR OTHER CONDUCT GREATER THAN ORDINARY NEGLIGENCE; OR TO LIABILITY THE LAW DOESN’T ALLOW US TO LIMIT.
13. Your Responsibility For Certain Outside Claims
You’ll cover our reasonable costs, including attorneys’ fees, for a claim someone else brings against us, but only to the extent it’s caused by your unlawful recording, your unauthorized sharing of information, or your intentional misuse of FanaCare in violation of these terms. This doesn’t apply to disputes between you and us, or to the extent our own negligence, misconduct or breach of these terms caused the claim.
14. How We Resolve Disputes With You
Minnesota law governs these terms, without regard to conflict-of-law rules. You keep any consumer rights the law doesn’t allow you to give up. Before filing a claim against us, contact us and give us 30 days to try to resolve it. This doesn’t prevent urgent court relief, a filing needed to meet a legal deadline, or a complaint to a government agency. Except for small claims, claims go to the state courts in Minnesota or, where they have authority to hear the claim, the federal courts in Minnesota, and you and we consent to their jurisdiction. Either of us may bring an eligible claim in small claims court where you live. These terms don’t require arbitration.
15. Additional Terms For Apple App Store Downloads
If you downloaded FanaCare from Apple’s App Store, these terms are between you and us, not Apple. We, not Apple, are solely responsible for FanaCare and its content, and these terms must not conflict with Apple’s applicable Usage Rules. Your license is limited to using FanaCare on Apple-branded products you own or control, as Apple’s Usage Rules permit, except that other accounts may use it through Family Sharing or volume purchasing as those rules permit.
Apple has no duty to provide maintenance or support for FanaCare, and we are solely responsible for the support and maintenance promised in these terms or required by law. We are solely responsible for any warranties that apply and have not been validly disclaimed. If FanaCare fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent the law allows, Apple has no other warranty obligation, and we alone are responsible for any other claims, losses, liabilities, damages, costs or expenses caused by that failure.
We, not Apple, are responsible for addressing claims by you or others about FanaCare or its possession or use, including product liability, legal compliance, and consumer protection, privacy or similar claims, including in connection with any use of the HealthKit and HomeKit frameworks. We, not Apple, are solely responsible for investigating, defending, settling and resolving any third-party claim that FanaCare, or your possession or use of it, infringes someone’s intellectual property.
You must follow applicable third-party terms when using FanaCare, including your wireless service agreement. Apple and its subsidiaries are third-party beneficiaries of these terms. When you accept these terms, Apple has the right, and is treated as having accepted the right, to enforce them against you.
Questions, complaints or claims about FanaCare go to FanaCare LLC, 13755 Nicollet Avenue, Suite 104, Burnsville, Minnesota 55337, [PHONE], [email protected].