Effective Date: [Insert Launch Date]
Terms Version: 1.0
Family Harbor (the "Service") is owned and operated by Jenkins Legacy Group ("Company," "we," "us," or "our"), a company organized under the laws of the State of Utah, United States.
By creating an account, accessing, or using the Service, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not create an account or use the Service.
Family Harbor is a family caregiving coordination tool. It is designed to help families, close friends, professional caregivers, and legally authorized individuals work together to coordinate care for a loved one (the "Care Recipient") by sharing calendars, tasks, events, medical information, household information, and personal care needs. Each care circle within the Service is called a "Harbor."
The Service is not:
You must be at least 18 years of age to create an account. During signup, you will be asked to confirm that you are 18 or older. By creating an account, you represent that you are 18 or older and legally capable of entering into a binding agreement.
During signup, you are required to identify your relationship(s) to the Care Recipient by selecting from the options provided (for example: spouse, adult child, sibling, power of attorney, legal guardian, healthcare proxy, professional caregiver, or case manager).
You agree to answer truthfully. You represent and warrant that:
Misrepresenting your relationship to the Care Recipient is a material violation of these Terms and grounds for immediate account termination.
Each Harbor has one or more Family Admins who control access to sensitive information, set passcodes, and manage member permissions.
The Family Admin role must be held by a person who is one or both of the following:
Professional caregivers are welcome on Family Harbor. Home health aides, CNAs, case managers, social workers, and other care professionals may participate in Harbors, and — under an eligible subscription plan — may create and maintain multiple Harbors for the different families they serve.
However, if you are a paid care professional with no family relationship to a Care Recipient and no legal decision-making authority for that Care Recipient:
A care professional who is also a family member of the Care Recipient, or who also holds legal decision-making authority for the Care Recipient, may serve as Family Admin for that Care Recipient's Harbor.
You are responsible for maintaining the confidentiality of your login credentials and any Harbor passcode shared with you. You agree to notify us promptly of any unauthorized use of your account. You are responsible for all activity that occurs under your account.
Information in a Harbor is shared in trust among its members — family, friends, and caregivers working together. Nothing in these Terms restricts a caregiver, family member, or friend from using Harbor information in the ordinary course of caring for the Care Recipient (for example, sharing a medication list with the Care Recipient's doctor or pharmacist). You agree, however, not to disclose sensitive information from a Harbor (such as medical, financial, legal, or identifying information about the Care Recipient) to persons with no role in the Care Recipient's care, without authorization from the Family Admin or the Care Recipient.
Users may upload information, documents, photos, and files ("User Content") to the Service. You retain ownership of your User Content. By uploading it, you grant the Company a limited license to store, display, and transmit that content solely as necessary to operate the Service.
You represent that you have the right to upload any User Content you submit, including any information about the Care Recipient or other individuals.
You agree not to upload content that is unlawful, infringing, or malicious, or that you do not have permission to share.
The Service allows Family Admins to designate certain information as sensitive and protect it with an additional passcode. This feature is a convenience tool, not a guarantee of security. You acknowledge that:
Family Harbor is a consumer tool for voluntary family information-sharing. The Company is not a healthcare provider, health plan, or healthcare clearinghouse, and is not a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act (HIPAA). Information you store in the Service is not protected health information under HIPAA, and HIPAA does not apply to your use of the Service.
Nothing in the Service constitutes medical advice, diagnosis, or treatment. Always consult qualified healthcare professionals for medical decisions. In an emergency, call 911 or your local emergency number — do not rely on the Service.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to that collection and use.
Certain features of the Service may require payment of subscription fees, including plans that allow a single account to create and manage multiple Harbors (for example, a professional caregiver serving several families). Fees, billing cycles, and refund terms will be disclosed at the time of purchase. We may change pricing with reasonable advance notice; changes apply at your next renewal. Free accounts may have limited features, and we reserve the right to modify what is included in free and paid tiers.
Multi-Harbor subscribers remain subject to Section 4 for every Harbor they create: each Harbor must have an appropriately authorized Family Admin.
You may stop using the Service and delete your account at any time. We may suspend or terminate your account if you violate these Terms, including by misrepresenting your relationship to a Care Recipient, misusing the Family Admin role, or operating a Harbor without an appropriately authorized Family Admin as required by Section 4.
Upon termination of a Harbor, the Company will make reasonable efforts to permit the Family Admin to export the family's data before deletion, but is not obligated to retain data after account closure.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT INFORMATION STORED IN THE SERVICE WILL NEVER BE LOST. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT COPIES OF CRITICAL DOCUMENTS AND INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE — INCLUDING DAMAGES ARISING FROM ANOTHER USER'S MISREPRESENTATION OF THEIR RELATIONSHIP, UNAUTHORIZED ACCESS TO INFORMATION, OR RELIANCE ON INFORMATION STORED IN THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
You agree to indemnify and hold harmless the Company from any claims, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your violation of these Terms; (b) your misrepresentation of your relationship to a Care Recipient; (c) your User Content; or (d) your unauthorized access to or sharing of another person's information through the Service.
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. Any dispute arising out of these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Utah, and you consent to the personal jurisdiction of those courts.
We may update these Terms from time to time. When we do, we will update the version number and effective date above and notify active users through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. Your acceptance of each version of the Terms is recorded with a timestamp.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms may be directed to:
Jenkins Legacy Group
[Mailing Address]
[Contact Email]
By checking "I agree to the Terms of Service" at signup, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the relationship-representation requirements in Sections 3 and 4.