1. Who We Are

These Terms of Service (“Terms”) are a legal agreement between you and TS Care Givers Inc., an Ontario corporation operating as ConsidraCare (“ConsidraCare,” “we,” “us,” or “our”). They govern your access to and use of the website at considracare.com, our free diagnostic tools, and the ConsidraCare operating platform (together, the “Services”).

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to both you and that organization.

2. Using Our Services

Eligibility. You must be at least 18 years old and legally able to enter into binding contracts in your jurisdiction to use our Services.

Your account. Some Services require you to create an account. You are responsible for keeping your account credentials confidential and for all activity that happens under your account. If you believe your account has been compromised, contact us immediately at support@considracare.com.

Acceptable use. You agree to use the Services only for lawful purposes and in a way that does not infringe anyone else’s rights or restrict their use of the Services. You will not attempt to reverse-engineer, copy, resell, or interfere with the Services, introduce malware, access other users’ accounts without permission, or use the Services to send unsolicited communications.

Free tools and diagnostics. Our diagnostic tools are offered free of charge. They provide general guidance based on the information you enter and are not a substitute for professional advice. Results are directional and should be validated against your actual operational data before making significant business decisions.

3. Pilot and Paid Subscriptions

Pilot program. If you are accepted into our Founding Partner Pilot, a separate pilot agreement will govern your participation, including any pricing, access terms, and feedback obligations. Where that agreement conflicts with these Terms, the pilot agreement applies.

Paid subscriptions. Paid access to the ConsidraCare platform is governed by a separate written agreement or order form between ConsidraCare and your organization. That agreement will set out your subscription term, pricing, service levels, and any additional terms specific to your use.

Taxes. Prices do not include taxes unless stated otherwise. You are responsible for any applicable taxes.

4. Your Content and Data

Your content. You retain ownership of any data, files, or information you or your team submit through the Services (“Your Content”). You grant ConsidraCare a limited license to host, process, and display Your Content only as needed to provide the Services to you.

Internal analysis and product improvement. As described in our Privacy Notice, we may use aggregated or de-identified data from Your Content to analyze product usage, benchmark operational trends, and improve our Services. We do not sell Your Content and we do not use it to train third-party AI models.

Your responsibilities. You are responsible for the accuracy and legality of Your Content and for ensuring you have the rights to submit it. If Your Content includes personal information about others, you are responsible for obtaining any required consents before submitting it.

5. Our Intellectual Property

The Services, including all software, designs, content, trademarks, and documentation we provide, are owned by ConsidraCare or our licensors and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our trademarks, brand, or intellectual property except as needed to use the Services.

If you provide us with feedback, suggestions, or ideas about the Services, we may use that feedback freely, without any obligation to you.

6. Privacy

Our Privacy Notice explains how we collect, use, and protect your personal information. By using the Services, you agree to the practices described in the Privacy Notice.

7. Third-Party Services

The Services may link to or integrate with third-party services we do not control, such as payment processors, analytics providers, or platforms you choose to connect. We are not responsible for the content, policies, or practices of third-party services. Your use of those services is governed by their own terms and privacy policies.

8. Disclaimers

We do not guarantee that the Services will be uninterrupted, error-free, or completely secure. Diagnostic results, benchmarks, and recommendations are provided for informational purposes and should not be relied on as professional, legal, financial, or healthcare advice. You are responsible for how you use any outputs from the Services.

9. Limitation of Liability

Our total liability for any claim arising from or related to these Terms or the Services will not exceed the greater of (a) the amount you paid us in the twelve months before the claim arose, or (b) one hundred Canadian dollars (CAD $100) if you did not pay us anything. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so some of these limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless ConsidraCare, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, your violation of any law, or your infringement of any third-party rights.

11. Suspension and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or failed to pay any amounts owed. You may stop using the Services at any time.

On termination, your right to use the Services ends. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, and governing law.

12. Changes to the Services or These Terms

We may modify, suspend, or discontinue any part of the Services at any time. We may also update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, for significant changes, provide reasonable advance notice through the Services or by email. Your continued use of the Services after changes take effect means you accept the updated Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law principles. You and ConsidraCare agree that any dispute arising from these Terms or the Services will be resolved exclusively in the courts located in Ontario, Canada, and you consent to the jurisdiction of those courts.

14. General Provisions

Entire agreement. These Terms, together with our Privacy Notice and any separate pilot or subscription agreement, are the entire agreement between you and ConsidraCare regarding the Services.

Severability. If any part of these Terms is found to be unenforceable, the rest will remain in effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

No agency. These Terms do not create any agency, partnership, or joint venture between you and ConsidraCare.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que cette convention et tous les documents connexes soient rédigés en anglais.