Neela Cares, Inc. — Terms of Service (HIPAA & Security)

Effective date: September 8, 2025   Last updated: September 8, 2025

These Terms of Service (“Terms”) govern your access to and use of the Neela Cares mobile application, website(s), and related services (collectively, the “Service”) provided by Neela Cares, Inc. (“Neela Cares,” “we,” “us,” or “our”). By creating an account, downloading, accessing, or using the Service, you agree to these Terms and our Privacy Policy and HIPAA Notice/BAA. If you do not agree, do not use the Service.

1) Who May Use the Service

• You must be at least 13 years old (or the minimum age of digital consent in your region).
• If you are under the age of majority, you must have your parent/guardian’s permission.
• You represent you are legally permitted to use the Service in your jurisdiction.

2) Not Medical/Emergency Use

The Service is for wellness, education, coordination, and communication. It does not replace professional medical advice, diagnosis, or treatment. For emergencies, call 911 (US) or your local emergency number immediately.

3) Accounts & Security

• Provide accurate, current information and keep it updated.
• You are responsible for safeguarding your credentials and all activity under your account.
• Notify us promptly at support@neelacares.com of any suspected unauthorized use or breach.

4) Privacy, HIPAA & PHI

• HIPAA Alignment. Neela Cares supports HIPAA compliance. We implement administrative, technical, and physical safeguards consistent with the HIPAA Security Rule (45 C.F.R. Part 164, Subpart C) and limit uses/disclosures of Protected Health Information (“PHI”) consistent with the HIPAA Privacy Rule (45 C.F.R. Part 164, Subpart E).
• Role. When we create, receive, maintain, or transmit PHI on behalf of a Covered Entity or another Business Associate, we act as a Business Associate. When we offer services directly to individuals, we handle health information in accordance with applicable law, including HIPAA to the extent it applies.
• BAA. Our Business Associate Agreement (“BAA”) governs PHI handling for Covered Entities/Business Associates and is incorporated by reference when executed. If you are a Covered Entity/Business Associate, you must have a signed BAA with us before storing PHI in the Service.
• Permitted Uses/Disclosures. We use and disclose PHI only as permitted by the BAA and HIPAA (e.g., to operate and improve the Service, for security, to prevent fraud/abuse, and as required by law). We do not sell PHI.
• Individual Rights. To the extent required by HIPAA and applicable law, we support requests routed through your provider/plan (or directly, as applicable) for access, amendment, and accounting of disclosures of PHI.
• See our Privacy Policy for personal data we process beyond PHI, including cookies, analytics, and marketing.

4A) HIPAA Breach Notification (HITECH)

If PHI is breached, we will provide notices without unreasonable delay and no later than 60 days after discovery, consistent with HIPAA/HITECH and the BAA. We will cooperate with Covered Entities regarding any required notifications to individuals, HHS/OCR, and where applicable, the media.

5) Subscriptions, Trials & Billing

• Some features require paid subscriptions or one-time purchases (“Paid Services”). Pricing and features are shown in-app and may change.
• If purchased through the Apple App Store or Google Play, their billing, renewal, and refund policies apply.
• Auto-renewal: subscriptions renew until canceled. Cancel in your app store settings before the next billing date to avoid future charges.
• Free trials/promotions convert to paid unless canceled.

6) Security Measures

• Encryption: TLS (1.2+) in transit and AES-256 at rest.
• Access Controls: role-based access, least privilege, MFA/SSO options, session management, periodic access reviews.
• Audit & Monitoring: audit logging of administrative actions and security-relevant events; continuous monitoring for anomalies.
• Secure Development: code review, dependency management, static/dynamic testing, vulnerability management/patching.
• Assessments: regular risk assessments and (at least annually) third-party security testing (e.g., penetration tests).
• Business Continuity: encrypted backups, redundancy, and disaster recovery with documented RTO/RPO objectives.
• Subprocessors: due diligence, contractual HIPAA-appropriate safeguards, and BAAs (or equivalent) where required.
• Data Minimization: collection and retention limited to what is necessary for the Service and as required by law.

While we use stringent safeguards, no system is 100% secure. You are responsible for using strong passwords, enabling available security features, and promptly installing updates.

7) User Content

You retain ownership of content you submit (“User Content”). You grant Neela Cares a worldwide, non-exclusive, royalty-free license to host, process, and display User Content solely to provide and improve the Service and as required by law/BAA. You represent you have necessary rights and your content complies with law and these Terms. We may remove content that violates these Terms.

8) Community Guidelines

Be respectful. Do not harass, threaten, exploit, or post illegal, infringing, or harmful content (including content promoting self-harm or violence). We may limit, suspend, or terminate accounts for violations.

9) Third-Party Services & Subprocessors

The Service may integrate with third parties (e.g., app stores, analytics, cloud providers, wearables). Their terms and privacy policies apply to their services. Our current list of subprocessors is available at this page and will be kept reasonably up to date.

10) Beta/Experimental Features

We may offer beta or experimental features. They are provided “as is” and may change or be discontinued at any time.

11) Intellectual Property

The Service (software, text, logos, trademarks, and other materials) is owned by Neela Cares and its licensors and protected by IP laws. Except for the limited license granted to you, no rights are transferred.

12) Feedback

If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.

13) Changes to the Service or Terms

We may modify the Service or these Terms. If changes are material, we will provide notice (e.g., in-app or email). Continued use after changes take effect constitutes acceptance.

14) Suspension & Termination

We may suspend or terminate your access for violation of these Terms, risk to others, or legal/compliance reasons. You may stop using the Service at any time. Sections that by their nature survive termination will continue (e.g., IP, disclaimers, limits of liability, dispute resolution).

15) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY REQUIRED BY HIPAA, THE BAA, OR OTHER NON-WAIVABLE LAWS. WE DO NOT WARRANT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEELA CARES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100. Nothing in this section limits obligations that cannot be limited under applicable law (including HIPAA breach notification cooperation).

17) Indemnification

You agree to defend, indemnify, and hold harmless Neela Cares and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, or your violation of these Terms or law.

18) App Store Terms; Devices

Comply with applicable app store terms (Apple/Google). Neela Cares, not Apple/Google, is responsible for the App. You need compatible hardware, software, and internet access.

19) International Use & Data Transfers

We may process data (including PHI, as allowed by HIPAA and the BAA) in the United States and other countries. Where required, we use appropriate transfer mechanisms (e.g., contractual clauses) and maintain HIPAA-appropriate safeguards.

20) Children’s Privacy

We do not knowingly collect personal information from children under 13 (or the age of digital consent in your region) without verifiable parental consent. If you believe a child provided information, contact privacy@neelacares.com.

21) Electronic Communications

You consent to receive electronic communications (in-app, email). Electronic notices satisfy legal requirements that such communications be in writing.

22) Governing Law & Dispute Resolution — Arbitration/Class Waiver (US)

• These Terms are governed by the laws of [Your State], excluding its conflicts rules.
• Binding Arbitration: Disputes will be resolved by final and binding arbitration administered by AAA. Jury trial is waived.
• Class Action Waiver: Claims must be brought individually, not as a class or representative action.
• Either party may seek injunctive relief in any court of competent jurisdiction for IP or confidentiality violations.

23) Severability; Entire Agreement; No Waiver

If any provision is unenforceable, it will be limited to the minimum extent necessary; the remainder remains in effect. These Terms, the Privacy Policy, and any BAA or feature-specific terms constitute the entire agreement. Our failure to enforce a provision is not a waiver.

24) Contact

Neela Cares, Inc.
Support: support@neelacares.com
Privacy: privacy@neelacares.com
Security: security@neelacares.com

Region-Specific Notices (if applicable)

• EEA/UK: Consumer rights under local law are not waived; see Privacy Policy for lawful bases and data subject rights.
• California (USA): See Privacy Policy for CCPA/CPRA disclosures.
• Canada/Australia: Local consumer law disclosures apply as permitted by law.

DMCA / Copyright Complaints (US)

If you believe content infringes your copyright, send a notice to our DMCA Agent at dmca@neelacares.com with: (a) your signature; (b) identification of the work; (c) identification of the allegedly infringing material; (d) your contact info; (e) your good-faith statement; and (f) your statement, under penalty of perjury, that you are authorized to act. We may terminate repeat infringers.

Business Customers (if applicable)

If your organization has a separate written agreement with Neela Cares, that agreement governs to the extent of any conflict with these Terms.