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Terms of Service

Last updated: April 19, 2026

Welcome to Metrics That Care. These Terms of Service ("Terms") are a contract between you and Metrics That Care ("MTC," "we," "us," or "our"). They govern your use of the Metrics That Care website at metricsthatcare.com, the Metrics That Care Android application available on Google Play, and any related services (together, the "Service").

Please read these Terms carefully. Section 14 ("Dispute Resolution; Arbitration; Class-Action Waiver") affects your legal rights, including a waiver of the right to jury trial and to participate in a class action, and gives you a 30-day right to opt out.

If you have questions, email admin@metricsthatcare.com.

1. Acceptance of These Terms

By creating an account, installing the Android app, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

The Privacy Policy is incorporated by reference. Where the Privacy Policy and these Terms describe the same topic, the Privacy Policy controls.

2. The Service

Metrics That Care is a caregiver-support tool. You can use it to log sleep, energy, mood, symptoms, behavioral observations, hygiene / activities of daily living, nutrition, tasks, and recipient profiles for yourself or for a person you care for, generate summaries and reports for personal use, and (optionally) share updates with family members you invite.

The Service is designed to support — not replace — professional medical, mental-health, or caregiving advice. It is not a medical device, is not FDA-cleared, and is not for emergency use.

3. Health Information Disclaimer

Metrics That Care is not a medical device or a medical service.

  • Always consult a qualified healthcare professional for any questions about a medical condition, medication, or treatment plan.
  • If you are experiencing a medical emergency, call 911 (in the United States) or your local emergency number immediately. Do not rely on MTC to summon help.
  • If you are experiencing a mental-health crisis or thinking about self-harm, call or text 988 (Suicide & Crisis Lifeline) or text HOME to 741741 (Crisis Text Line).
  • MTC does not verify the accuracy of information you enter. Summaries, doctor reports, and correlation insights are based solely on what you have entered and must be interpreted with a clinician's judgment.
  • Any correlation insight, trend summary, or "confidence" score is a descriptive view of patterns within the data you have entered. It does not establish a causal relationship and must not be relied on in place of a clinician's judgment.
  • The Service does not provide clinical decision support within the meaning of the U.S. FDA's 2022 Clinical Decision Support guidance. It is a consumer wellness log, not a clinical tool.

4. Eligibility

You must be at least 18 years old to create an account and enter into these Terms. The Service is not offered to users under 18 as account holders. We do not knowingly collect personal information from children under 13 (COPPA). The Service is offered in the United States only.

5. Your Account

  • Registration. You agree to provide accurate information at signup and to keep your account information current.
  • Credentials. You are responsible for safeguarding your password and for all activity that occurs under your account. Notify us immediately at admin@metricsthatcare.com if you suspect unauthorized access.
  • One account per person. Accounts are personal. Do not create an account on behalf of another adult unless they have authorized you to act on their behalf.
  • Account termination by you. You can delete your account at any time from Settings. See Section 13.

6. Your Content and the Person You Care For

You retain all ownership rights in the content you enter into the Service ("Your Content"). You grant MTC a limited, non-exclusive, worldwide, royalty-free license to host, store, process, back up, display, and transmit Your Content solely to operate and provide the Service to you and to the family members you invite. We do not use Your Content for advertising, for training machine-learning models, or for resale.

6.1 Caregiver Attestation

When you add a person you are caring for (a "recipient") to your account, you represent and warrant that:

  • You have authority and permission to record information about that person — either because the person has given you permission directly, or because you are their legally recognized caregiver and they are unable to consent on their own behalf.
  • You will add, maintain, and remove that person's data in accordance with applicable law and the person's preferences where they can express them.
  • You will not add a recipient under 13 years of age.

A breach of this Section 6.1 is a material breach of these Terms and triggers the indemnification obligations in Section 16.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law.
  • Enter, upload, or transmit content that is false, defamatory, harassing, or that violates another person's privacy.
  • Attempt to access or tamper with non-public areas of the Service. (This does not restrict normal browser developer tools used against data already returned to your own account.)
  • Probe or test the vulnerability of any MTC system except as expressly permitted by our security disclosure policy.
  • Interfere with the operation of the Service, run denial-of-service attacks, or generate automated traffic.
  • Reverse engineer, decompile, or disassemble the Service except as applicable law expressly permits.
  • Use the Service to develop a competing product or to scrape or harvest data.

We may suspend or terminate your account for violations of this section.

8. Family Sharing and Invites

The Service allows you to share a recipient's information with other adults you invite by email. By inviting someone, you represent that you have authority to share the information and that they are an adult who agrees to be bound by these Terms. You can revoke access at any time in Settings; revocation takes effect immediately.

9. Fees and Subscriptions

Metrics That Care is currently offered free of charge. We may introduce paid plans in the future; if we do, we will disclose the price, billing frequency, and renewal terms before you subscribe. Payments will be processed by Stripe; MTC does not store your card details.

10. Intellectual Property

The Service — including its code, design, trademarks ("Metrics That Care," the MTC logo), text, graphics, and other materials — is owned by MTC or its licensors and protected by copyright, trademark, and other laws. Except for the limited right to use the Service granted in these Terms, you receive no license or right to use the MTC brand, code, or content.

11. Third-Party Services and Google Play

See the Privacy Policy for the complete subprocessor list. Your use of third-party providers may be subject to their own terms.

Google Play / Android app. If you use the Android app, your use is also subject to the Google Play Terms of Service. Google has no obligation to furnish support for the app. These Terms are between you and MTC, not Google. Google is a third-party beneficiary of these Terms with respect to your use of the Android app.

12. Security Disclosure

If you believe you have discovered a security vulnerability, please report it responsibly following the instructions at metricsthatcare.com/security-policy. Please give us reasonable time to address the issue before any public disclosure.

13. Termination

  • By you. You can delete your account at any time in Settings. We hard-delete your profile, recipients, and all health data from active systems within 24 hours of a self-service deletion request. Email deletion requests are honored within 30 days of verification. Database backups rotate out within 30 additional days and become unrecoverable.
  • By us. We may suspend or terminate your account if we reasonably believe you have violated these Terms or posed a security risk. Where practical, we will give you notice and a reasonable opportunity to cure minor violations. If we terminate your account without cause, we will provide a way for you to export Your Content before deletion.
  • Effect of termination. Sections 3, 6.1, 10, 14, 15, 16, 17, and 18 survive termination by their nature.

14. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GIVES YOU A 30-DAY OPT-OUT RIGHT.

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting admin@metricsthatcare.com with the subject line DISPUTE. We will work in good faith to resolve the dispute within 30 days.

14.2 Binding Arbitration

If informal resolution fails, any claim arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not in court, except as set out in Sections 14.3 and 14.4. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in the county where you reside (or by video or telephone conference if you prefer). A court of competent jurisdiction — not the arbitrator — will decide: (a) whether these Terms were formed; (b) whether the class-action waiver in Section 14.4 is enforceable; and (c) whether the delegation in this Section 14.2 is unconscionable.

14.3 Exceptions

Either party may seek relief in small-claims court for any dispute within that court's jurisdiction, and either party may seek injunctive or equitable relief in court for intellectual-property or unauthorized-access claims.

14.4 Class-Action Waiver

You and MTC 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 or representative action. This waiver does not apply to non-waivable representative rights under California's Private Attorneys General Act, the California Consumer Legal Remedies Act, or the California Unfair Competition Law, or to any statutory right that cannot be waived as a matter of law.

14.5 30-Day Right to Opt Out

You can opt out of Section 14 (arbitration and class-action waiver) within 30 days of first accepting these Terms by emailing admin@metricsthatcare.com with the subject line OPT OUT OF ARBITRATION and including your full name and the email address on your account. We will confirm receipt within 5 business days. Opting out will not affect any other part of these Terms and we will not retaliate.

14.6 Jury Trial Waiver

EXCEPT WHERE PROHIBITED, YOU AND MTC WAIVE ANY RIGHT TO A TRIAL BY JURY.

15. Disclaimers; Limitation of Liability

15.1 "AS IS" Disclaimer

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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

15.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Carve-outs. Nothing in these Terms limits liability for: (i) death or personal injury caused by our negligence or willful misconduct; (ii) fraud or fraudulent misrepresentation; (iii) liabilities under the California Legal Remedies Act, California Unfair Competition Law, Washington Consumer Protection Act, Washington My Health My Data Act's private right of action, or comparable state consumer-protection statutes whose remedies cannot be limited by contract; (iv) statutory damages for an unauthorized disclosure of consumer health data; or (v) any other liability that cannot be limited under applicable law.

16. Indemnification

You agree to indemnify and hold MTC, its officers, directors, employees, and agents harmless from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms (including the Section 6.1 caregiver attestation), (b) Your Content, (c) your violation of any law or the rights of a third party, or (d) your misuse of the Service. You will not be required to indemnify MTC for claims arising from MTC's own violation of law, breach of these Terms, breach of the Privacy Policy, or negligence or willful misconduct.

17. Governing Law and Venue

These Terms are governed by applicable U.S. federal law and the laws of the United States, without regard to conflict-of-laws principles. Subject to Section 14, exclusive venue for any court proceeding will lie in the federal or state courts of the United States.

18. Changes to These Terms

We may update these Terms from time to time. Material changes — changes that materially reduce your rights, expand your obligations, or change pricing or the dispute-resolution section — will be announced with at least 30 days' notice by email or in-app before they take effect. Non-material changes (typo fixes, formatting, clarifying cross-references) take effect when posted. Your continued use of the Service after the effective date constitutes acceptance.

19. Miscellaneous

  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and MTC regarding the Service.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
  • No waiver. Our failure to enforce any right or provision is not a waiver of that right.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.
  • DMCA. To report copyright infringement, email admin@metricsthatcare.com with subject line DMCA and include identification of the work, identification of the infringing material, your contact information, and a statement under penalty of perjury per 17 U.S.C. § 512.
  • Accessibility. See the Privacy Policy for our accessibility commitment and contact channel. That commitment is incorporated into these Terms by reference.

20. Contact

General inquiries and legal notices: admin@metricsthatcare.com