Terms of Service

ELECTRONIC SIGNATURE ACKNOWLEDGEMENT: BY ACCESSING OR USING THE SERVICE, CLICKING "SUBSCRIBE," OR CHECKING THE AGREEMENT BOX, YOU AGREE THAT SUCH ACTION CONSTITUTES A BINDING ELECTRONIC SIGNATURE. THIS ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF A MANUAL SIGNATURE AND REQUIRES NO THIRD PARTY VERIFICATION.

These Terms of Service ("Terms") govern access to and use of the Learn2Care platform and related services (the "Service") provided by Learn2Care NA Inc. ("Learn2Care," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by this Agreement and the Privacy Policy and consent to the collection and processing of your information as described therein, subject to the limitations described in Section 1.2.

1. DESCRIPTION OF THE SERVICE

Learn2Care provides a cloud-based learning management system that enables organizations to upload, manage, and distribute training and educational materials.

The Service includes:

(a) Customer Content
Content uploaded, created, or managed by Customers ("Customer Content"), which is solely controlled by the Customer.

(b) Learn2Care Content
Learn2Care may provide general educational materials, including caregiving-related content ("Learn2Care Content").

Learn2Care Content:

• is provided for general informational and educational purposes only;
• is not tailored to specific individuals or situations;
• does not constitute medical, clinical, legal, or professional advice.

1.2 Consent to Data Collection and Processing.
Prior to your acceptance of this Agreement and the Privacy Policy, the Services may limit functionality and only collect minimal technical information strictly necessary to operate the Services and ensure security. Access to the Services and certain functionality may be restricted until you have affirmatively accepted this Agreement and the Privacy Policy and provided the required consent to data collection and processing. By clicking “I Agree,” accessing, or using the Services, you expressly consent to the collection, use, processing, and transfer of your information as described in the Privacy Policy. If you do not provide such consent, you must not access or use the Services.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

Authorized User means an individual who is authorized by a Customer to access and use the Services under that Customer’s subscription. Authorized Users are required to provide consent to data collection and processing as a condition of accessing the Services. You must be at least 18 years old and authorized to act on behalf of your organization to use the Service.

You agree to:

• provide accurate account information;
• maintain the confidentiality of credentials;
• be responsible for all activities under your account.

3. LICENSE AND PERMITTED USE

Learn2Care grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for internal business purposes in accordance with these Terms.

You may not:

• reverse engineer or copy the Service;
• use the Service to provide services to third parties;
• interfere with system integrity or security;
• use the Service in violation of applicable laws.

4. CONTENT TYPES AND RESPONSIBILITY

(a) Customer Content
All Customer Content is solely the responsibility of the Customer.

Learn2Care:

• does not create, review, monitor, or validate Customer Content;
• does not guarantee its accuracy, legality, or safety;
• is not responsible for any outcomes resulting from its use.

(b) Learn2Care Content
Learn2Care may provide general educational content.

Such content:

• is informational only;
• does not constitute professional advice;
• should not be relied upon as a substitute for professional judgment.

5. ACCEPTABLE USE

You agree not to upload or distribute content that:

• is unlawful, infringing, or fraudulent;
• is misleading or unsafe;
• violates healthcare, safety, or regulatory requirements;
• could reasonably result in bodily injury, death, or property damage.

6. NO DUTY TO MONITOR

Learn2Care has no obligation to review or monitor any content on the Service.

Any action taken to review, remove, or restrict content is discretionary and does not create a duty or obligation.

7. HIPAA AND PROTECTED HEALTH INFORMATION

You may not upload or transmit Protected Health Information ("PHI") unless a valid Business Associate Agreement ("BAA") has been executed with Learn2Care.

Learn2Care disclaims all liability for PHI uploaded in violation of this requirement.

8. FEES AND SUBSCRIPTIONS

Use of the Service may require payment of fees as specified in a separate agreement or order form.

Auto-Renewal. If you purchase a subscription, it will automatically renew for successive periods equal to the expiring term unless you provide written notice of non-renewal at least sixty (60) days prior to the end of the then-current term. Learn2Care will send a renewal reminder email to your designated account administrator no fewer than thirty (30) days and no more than sixty (60) days prior to each annual renewal date, clearly describing the renewal terms and how to cancel.

9. TERMINATION AND SUSPENSION

Learn2Care may suspend or terminate access to the Service at any time if:

• you breach these Terms;
• your use creates legal or regulatory risk;
• your content presents a risk of harm.

10. INTELLECTUAL PROPERTY

Learn2Care retains all rights in the Service.

Customers retain ownership of Customer Content but grant Learn2Care a limited license to host and display such content solely to provide the Service.

11. WARRANTIES AND DISCLAIMERS

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS."

Learn2Care:

• does not guarantee availability, accuracy, or reliability;
• does not provide medical, clinical, legal, or professional advice;
• does not validate any content on the platform.

(a) No Medical or Professional Advice. The training content provided through the Service is for informational and educational purposes only. Nothing in the Service constitutes medical advice, legal advice, or professional caregiving instruction. You should consult qualified professionals before acting on any training content.

(b) Training Does Not Guarantee Competency or Compliance. Completion of any training course or certification through the Service does not guarantee that you or any individual is competent, qualified, or compliant with any federal, state, or local law, regulation, or licensing requirement. Learn2Care disclaims any and all liability arising from any determination by a third party that a certification is insufficient or invalid.

(c) No Liability for Caregiver Conduct. Learn2Care has no liability whatsoever for any acts, omissions, negligence, misconduct, or violation of law by any caregiver, employee, contractor, or agent of Customer, regardless of whether such individual completed training through the Service. Customer assumes full responsibility for the supervision and actions of all personnel who access the Service.

(d) No Third Party Reliance. No third party (including but not limited to residents, patients, family members, regulatory agencies, or insurance carriers) has any right to enforce this Agreement or rely on any certification, report, or other output generated by the Service.

12. NO RELIANCE

You acknowledge that:

• Learn2Care does not validate content;
• you are solely responsible for evaluating content;
• you assume all risk from reliance on any content.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Learn2Care from any claims arising from:

• Customer Content;
• your use or misuse of the Service;
• reliance on content;
• violation of law;
• bodily injury, death, or property damage;
• infringement of third-party rights;
• claims arising from any act or omission of your caregivers, employees, or agents, including claims for patient injury, elder abuse, neglect, or violation of elder care regulations.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Learn2Care shall not be liable for:

• Customer Content or Learn2Care Content;
• training outcomes or decisions;
• indirect or consequential damages;
• bodily injury, death, or property damage arising from use of the Service.

Learn2Care's total liability shall not exceed the fees paid in the preceding twelve (12) months.

15. THIRD-PARTY SERVICES

The Service may integrate with third-party services. Learn2Care is not responsible for such services.

16. PRIVACY

Use of the Service is subject to the Learn2Care Privacy Policy.

17. GOVERNING LAW

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

18. CHANGES TO TERMS

Learn2Care may update these Terms from time to time. Continued use constitutes acceptance.

19. CONTACT INFORMATION

Learn2Care NA Inc.
200 Biscayne Blvd Way, Unit 4307
Miami, FL 33131, USA
Email: [email protected]

20. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration before a neutral arbitrator, rather than in court by a judge or jury. You may opt out of this arbitration agreement within thirty (30) days of your first use of the Service by sending written notice to [email protected]. Unless you opt out, you and Learn2Care agree to waive the right to a jury trial and the right to participate in a class action or representative proceeding. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and shall take place in Miami Dade County, Florida. Judgment on the award may be entered in any court having jurisdiction.

Learn2Care NA Inc.
200 Biscayne Blvd Way, Unit 4307
Miami, FL 33131, USA
Email: [email protected]