Terms and Conditions

Date of last revision: November 1st, 2022

The following terms and conditions (“Terms”) govern all use of the website, PWA, mobile app, or one of our other products or services, all of which are part of Carealot’s Platform (“Platform”).

These Terms create a legally binding agreement between you and openarena Ltd., CH-3274 Merzligen, Switzerland (which we may refer to as “Carealot”, “we”, “us” or “our”) regarding your use of the Platform.

If you do not understand or agree with these Terms, please do not use the Platform or any of its features. If you have any questions or concerns regarding these Terms, please let us know by emailing us at feedback@carealot.app

Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1. Overview

The Platform offers features that allow you to, among other things:

create and send free invitations to your friends, business contacts;
receive and respond to invitations;
set up and ask to do certain tasks;
access search services and content, among other things.

All content and features made available through the Service that were not made available as of the "Last updated" date above, shall automatically be deemed to be part of the Service when first made available through the Platform.

2. Eligibility

You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.

3. Registration

In order to be able to use the complete spectrum of Carealot products, a one-time registration is required.

4. User obligations

You may not:

expose Carealot or its users to any type of harm, including anything that may disrupt damage, disable, tamper with, overburden or limit the functionality of the Platform.
post User Content that contains software viruses, programs, or other computer code, and do not circumvent or modify any Platform software or security technology.
use any data mining, robots, scraping, or similar data gathering methods.
post any advertising, solicitation, or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
use automated technology to interact with the Platform.
do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate.

5. Ownership of content

Carealot or our licensors are the owners of all content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content").

All trademarks, service marks, and trade names (e.g. the Carealot name) are owned, registered, or licensed by Carealot. You do not acquire a licence or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

6. License

Carealot will grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access, participate in, and use the relevant Content for personal, non-commercial purposes.

The license granted to you under Clause 6 is subject to the following usage restrictions and permissions:

you may not copy, rent, sell, publish, republish, share, broadcast, or otherwise transmit the Content (or any part of it) or make it available to the public except as permitted under the applicable law;
you may not record (including screen recording) the Content (or any part of thereof);
you may not use that two-way livestream facility to communicate or make accessible to any such other person(s) anything (by voice, text, image, or otherwise) except as we may expressly request or permit in any case.

7. Posting content on the Platform

Some parts of the Platform allow you to post text and other content, which we refer to as “User Content”. Carealot is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you grant Carealot a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform.

8. Links to other websites

We have no control over the contents of third-party sites or resources and accept no responsibility for them.

9. Updates

As part of this legal obligation, we will, from time to time, offer and request you to install security and technical updates for the Platform. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Platform resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

10. Disclaimers

To the maximum extent permitted under applicable law, Carealot, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties:

express, implied, statutory, or otherwise, with respect to the service,
of merchantability, fitness for a particular purpose, title, and non-infringement,
that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, Carealot provides no warranty or undertaking and makes no representation of any kind that the Platform will:

meet your requirements,
achieve any intended results,
be compatible or work with any other software, applications, systems, or services,
operate without interruption,
meet any performance or reliability standards,
be error-free or that any errors or defects can or will be corrected.

11. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Carealot or its suppliers be liable for:

any special, incidental, indirect, or consequential damages,
damages for loss of profits, data, or other information,
business interruption, personal injury,
loss of privacy arising out of or in any way related to the use of or inability to use the Platform,
third-party software or hardware used with the service, or otherwise in connection with any provision of this Terms.

Carealot shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. Indemnity

You agree to indemnify and hold harmless Carealot, its contractors, licensors, and their respective directors, officers, employees, and agents against any and all claims and expenses, including attorneys’ fees, arising out of your use of the services, including but not limited to your violation of this Terms.

13. Assignment

Carealot has the right assign, transfer, and subcontract its rights or obligations under these Terms without any notification or consent. However, you shall not assign, transfer, or subcontract any of your rights or obligations under these Terms.

14. Termination

Each user shall have the right to terminate his/her account at any time via settings. Such termination shall be confirmed to the user.

Carealot may terminate or modify any Platform, product, or service at any time without notice.

Carealot may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Carealot, subject to applicable law.

All provisions which according to their nature shall survive in order to give effect to their meaning, shall survive any expiration or termination of this agreement, including without limitation all of your representations, warranties and indemnification obligations.

15. Governing Law

The laws of Switzerland shall exclusively govern all matters with respect to the Terms.

Carealot will use all reasonable efforts to solve any controversy arising from these Terms amicably at the senior management level.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole.

17. Changes

We may update these Terms from time to time. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.

If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform.

If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.