Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and CAN Mobilities, Inc., a Delaware corporation with its principal place of business at 530 Lytton Avenue, Palo Alto, CA 94301 ("CAN," "we," "us," or "our").

By accessing or using any CAN website, mobile application, web application, connected device, or other product or service that links to these Terms — including CareOS, our AI-powered healthcare operating platform; CAN Companion, our AI-supported care assistant; CAN Devices; and CareOS Public Health (collectively, the "Services") — you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.

IMPORTANT: SECTION 20 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

2. Not medical advice; emergencies

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The Services — including content generated by CAN Companion and other AI features — are informational and administrative tools intended to support, not replace, the professional judgment of qualified healthcare providers and the relationship between you and your care team. Never disregard, avoid, or delay obtaining medical advice from a qualified professional because of something you read or received through the Services.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY. Do not rely on the Services — including any monitoring, alerting, fall-detection, or emergency-response feature — as your sole or primary means of summoning emergency assistance. Such features depend on network connectivity, device battery, sensor placement, and other factors beyond our control and may fail, be delayed, or produce false or missed alerts.

Clinical decisions remain at all times the responsibility of licensed healthcare professionals. CAN is not a healthcare provider, does not practice medicine, and does not create a provider–patient relationship with you.

3. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create a CAN account or agree to these Terms. The Services are not directed to children under 13. Minors may participate in care programs only under accounts provisioned and consented to by a parent, guardian, or authorized Customer in accordance with applicable law. By using the Services, you represent that you can form a legally binding contract and are not barred from receiving the Services under applicable law.

4. The services; changes

CAN provides software and hardware that supports clinicians, patients, families, and care teams, including: CareOS (platform modules for care coordination, remote monitoring, medication management, records, analytics, and workflows); CAN Companion (an AI-supported assistant for patients, families, and care teams); CAN Devices (connected health hardware and accessories); CareOS Public Health; integrations with electronic health records, payers, pharmacies, laboratories, and third-party devices; and related professional, implementation, and support services.

We are continuously improving the Services and may add, modify, or discontinue features at any time. Where a change materially reduces the core functionality of a paid Service, we will provide notice as required by the applicable Customer agreement.

5. Customer agreements; order of precedence

Access to CareOS, CAN Companion, and CAN Devices is typically provisioned through an agreement between CAN and a hospital, health system, insurer, government agency, employer, or care organization (a "Customer Agreement"), which may include a Business Associate Agreement and product-specific terms. If you use the Services under a Customer Agreement, that agreement governs to the extent it conflicts with these Terms, and your Customer — not CAN — is responsible for its instructions, its configuration of the Services, and its compliance with laws applicable to it as a covered entity or controller.

6. Accounts and security

You agree to provide accurate, current, and complete information when creating an account and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and multi-factor authentication methods and for all activity under your account. You must notify us promptly at security@can.co of any suspected unauthorized access or security incident. We may suspend accounts that we reasonably believe are compromised or used in violation of these Terms.

7. License grant and restrictions

Subject to your compliance with these Terms, CAN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose. Except as expressly permitted, you will not, and will not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the Services.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, model weights, or underlying algorithms, except to the extent such restriction is prohibited by law.
• Rent, lease, sell, sublicense, distribute, or otherwise transfer the Services or access to them.
• Circumvent or disable any security, rate-limiting, or access-control feature.
• Use the Services to build a competing product or service, or for benchmarking disclosed publicly without our prior written consent.
• Use automated means (scrapers, bots, crawlers) to access the Services except through documented interfaces we make available.

8. Acceptable use

You agree not to use the Services:

• In violation of any applicable law or regulation, including healthcare privacy and security laws (such as HIPAA), anti-kickback and fraud-and-abuse laws, and consumer protection laws.
• To access, collect, or disclose health information without a lawful basis and all required authorizations and consents.
• To upload or transmit malware, or to interfere with, disrupt, or place undue burden on the Services or connected networks.
• To attempt unauthorized access to any portion of the Services, other users' accounts, or CAN's or its Customers' systems.
• To transmit content that is unlawful, defamatory, harassing, fraudulent, or infringing.
• To misrepresent AI-generated output as the advice or statement of a licensed professional, or to present the Services as a substitute for professional medical judgment.
• To use the Services in any high-risk application for which they are not designed or certified, or contrary to product documentation and labeling.

We may investigate suspected violations and may suspend or terminate access as described in Section 16.

9. User content and feedback

You or your Customer retain all rights in the data, records, messages, and other content submitted to the Services ("User Content"). You grant CAN a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use User Content solely as necessary to provide, secure, and improve the Services, consistent with our Privacy Policy, applicable Customer Agreements, and applicable law. You represent that you have all rights, consents, and authorizations necessary to submit User Content.

If you provide suggestions, ideas, or feedback about the Services, you grant CAN a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, provided we do not identify you as the source without consent.

10. AI features and outputs

The Services include features powered by large language models and other machine-learning systems, including CAN Companion. You acknowledge that:

• AI outputs are generated probabilistically, may be inaccurate, incomplete, or outdated, and must be independently verified before being relied upon — particularly in clinical, safety, legal, or financial contexts.
• AI outputs are not medical advice and do not replace the judgment of licensed professionals (see Section 2).
• Similar or identical outputs may be generated for other users; you obtain no exclusive rights in AI outputs.
• You are responsible for your use of AI outputs, including compliance with professional standards and applicable law.
• We apply the data-handling safeguards for AI features described in our Privacy Policy, including prohibitions on training third-party foundation models with patient data.

11. CAN Devices and hardware

CAN Devices are subject to any product-specific terms, documentation, and warranty statements provided with the hardware. Unless otherwise stated in a Customer Agreement or accompanying warranty:

• You must use devices in accordance with their documentation, labeling, and intended use, and keep firmware and companion software up to date.
• Devices depend on batteries, sensors, cellular or Wi-Fi connectivity, and third-party services; readings and alerts may be delayed, unavailable, or inaccurate.
• Devices that are not labeled as cleared or approved medical devices are wellness and support tools and are not intended to diagnose, treat, cure, or prevent any disease.
• You may not resell, modify, or tamper with devices, remove safety labeling, or use accessories that are not approved by CAN.

12. Third-party services and integrations

The Services interoperate with third-party products and services — including EHR systems, health information networks, payers, pharmacies, device platforms, and app stores — that CAN does not control. Your use of third-party services is governed by their own terms and privacy policies, and CAN is not responsible for their acts, omissions, availability, or data practices. Enabling an integration directs us to exchange data with that third party on your or your Customer's behalf.

13. Fees and payment

Fees for the Services are set forth in the applicable Customer Agreement, order form, or checkout flow. Unless otherwise stated: fees are quoted in U.S. dollars and are exclusive of taxes, which you are responsible for (excluding taxes on CAN's income); undisputed fees are non-refundable; and late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Free or trial access may be modified or terminated at any time.

14. Intellectual property; DMCA

CAN and its licensors own all right, title, and interest in and to the Services, including all software, models, hardware designs, documentation, content, trademarks, trade dress, and other intellectual property, and all improvements and derivatives thereof. No rights are granted except as expressly set forth in these Terms. "CAN," "CareOS," "CAN Companion," "CAN Go," and associated logos are trademarks of CAN Mobilities, Inc.

If you believe content available through the Services infringes your copyright, send a notice compliant with the Digital Millennium Copyright Act, 17 U.S.C. § 512, to legal@can.co, Attn: DMCA Agent, including: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove content and terminate repeat infringers as appropriate.

15. Privacy

Our collection, use, and disclosure of personal information in connection with the Services are described in our Privacy Policy at can.co/privacy. Where CAN processes Protected Health Information on behalf of a Customer, the applicable Business Associate Agreement governs that processing.

16. Term, suspension, and termination

These Terms apply from your first use of the Services until terminated. You may stop using the Services at any time; account deletion requests may be sent to privacy@can.co (subject to the rights of the Customer that provisioned your account). We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, created security or legal risk, or where required by law or a Customer's instruction.

Upon termination, your license ends and you must cease using the Services. Sections that by their nature should survive — including Sections 2, 7, 9, 10, and 14 through 23 — survive termination. Data return and deletion following termination of a Customer Agreement are governed by that agreement and the applicable BAA.

17. Disclaimers of warranties

EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED CUSTOMER AGREEMENT OR A WRITTEN WARRANTY ACCOMPANYING A CAN DEVICE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CAN AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, CAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT AI OUTPUTS, READINGS, ALERTS, OR ANALYTICS WILL BE ACCURATE OR COMPLETE; OR THAT THE SERVICES WILL DETECT OR PREVENT ANY MEDICAL EVENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL CAN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) CAN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100) OR (ii) THE AMOUNTS YOU PAID TO CAN FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES ACKNOWLEDGE THAT THE PRICING AND AVAILABILITY OF THE SERVICES REFLECT THIS ALLOCATION OF RISK.

19. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless CAN and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or applicable law; (b) your User Content; (c) your misuse of the Services, including use of AI outputs contrary to Section 2 or Section 10; or (d) your violation of any third party's rights. CAN reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

20. Binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

Informal resolution. Before filing a claim, you and CAN agree to try to resolve the dispute informally: send a written notice of dispute to legal@can.co describing the claim and the relief sought, and allow 60 days for good-faith negotiation.

Agreement to arbitrate. Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be finally resolved by binding arbitration administered by JAMS under its applicable rules, before a single arbitrator, in Santa Clara County, California, or, at your election, in the county where you reside or by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. Nothing in this Section waives rights that cannot be waived under applicable law, including any right to bring claims under HIPAA-related state laws that are non-waivable.

CLASS ACTION WAIVER. YOU AND CAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court and be severed from arbitration.

Opt-out. You may opt out of this arbitration agreement by emailing legal@can.co with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, stating your name and the account or email address associated with your use. Opting out will not affect any other provision of these Terms.

Costs. Each party bears its own attorneys' fees and costs except where fee-shifting is authorized by law or the arbitral rules. CAN will pay arbitration filing, administration, and arbitrator fees to the extent required by the applicable rules or law for consumer claims.

21. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to Section 20, the state and federal courts located in Santa Clara County, California will have exclusive jurisdiction over any dispute not subject to arbitration, and each party consents to personal jurisdiction and venue in those courts and waives, to the fullest extent permitted by law, any right to a jury trial.

22. Export controls and government use

You may not use, export, or re-export the Services except as authorized by U.S. law and the laws of the jurisdiction in which the Services were obtained. You represent that you are not located in an embargoed country and are not on any U.S. government restricted-party list. If the Services are acquired by or on behalf of the U.S. government, they are provided as "commercial computer software" and "commercial computer software documentation" with only those rights specified in these Terms, consistent with FAR 12.212 and DFARS 227.7202.

23. General provisions

• Entire agreement. These Terms, together with the Privacy Policy and any applicable Customer Agreement and product-specific terms, constitute the entire agreement between you and CAN regarding the Services and supersede all prior agreements on that subject.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
• No waiver. A failure to enforce any provision is not a waiver of the right to do so later.
• Assignment. You may not assign these Terms without CAN's prior written consent; CAN may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. CAN is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, epidemics, labor disputes, utility or network failures, and acts of government.
• No third-party beneficiaries. These Terms create no rights in any third party except as expressly stated.
• Notices. We may provide notices by email, in-product messaging, or posting on can.co. Legal notices to CAN must be sent to CAN Mobilities, Inc., Attn: Legal, 530 Lytton Avenue, Palo Alto, CA 94301, or legal@can.co.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation."

24. Changes to these terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on can.co with a new "Last updated" date and, where required by law or contract, by additional means. Changes take effect on the stated effective date, and your continued use of the Services after that date constitutes acceptance. If you do not agree to modified Terms, you must stop using the Services. Material changes to Section 20 will not apply to disputes of which the parties had actual notice before the change.

25. Contact us

Questions about these Terms may be directed to: CAN Mobilities, Inc., Attn: Legal, 530 Lytton Avenue, Palo Alto, CA 94301, United States. Legal inquiries: legal@can.co. General inquiries: hello@can.co. Security: security@can.co.