Términos del servicio
Terms and Conditions
Welcome, and thank you for visiting The CrowdCare LLC (“CrowdCare,” “we,” “our,” or “us”) and exploring our website at www.theCrowdCare.com, as well as any affiliated websites, hosted platforms, mobile or downloadable applications, and additional services we offer (collectively referred to as the “Service”). These Terms of Service form a legally binding agreement between you and CrowdCare concerning your access to and use of the Service.
PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY:
By accessing, browsing, registering an account, or clicking “Agree” when prompted on our Site or Mobile App, you acknowledge that you’ve read, understood, and accepted all terms outlined herein, as well as our Privacy Policy (“Privacy Policy”) and Member Guide (“Member Guide”), both of which are incorporated by reference.
CrowdCare reserves the right to update, revise, or modify these Terms at any time and at its sole discretion.
When modifications are made, the updated Terms will be published on our Site and the “Last Updated” date will be revised accordingly. We encourage you to review these Terms periodically. Any changes will take effect as of the date posted. Continued use of the Service after any revisions means you accept and agree to those changes. If you do not accept the revised Terms, please discontinue using the Service.
NOTICE: The Terms, Privacy Policy, and Member Guide govern your use of the Services and include crucial provisions such as binding arbitration and a waiver of class actions that affect your legal rights. You should only use the Services if you fully agree to all terms.
ARBITRATION NOTICE
Unless otherwise stated in Section 15, all disputes arising under these Terms must be settled through binding, individual arbitration. BY AGREEING TO THESE TERMS, YOU AND CROWDCARE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE LAWSUITS. YOUR RIGHTS WILL BE RESOLVED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. (See Section 15.)
1. OVERVIEW OF CROWDCARE SERVICES
CrowdCare offers a membership-based solution as an alternative to traditional health insurance. The details of your Membership, including its benefits, are outlined in our Member Guide, which forms part of and is governed by these Terms. In the event of any inconsistency between these Terms and the Member Guide, these Terms will take precedence.
2. ELIGIBILITY
To enroll as a Primary Member with CrowdCare, you must be at least 18 years of age. By accepting these Terms, you confirm and warrant that: (1) you are 18 years or older; (2) you have not been suspended or removed from Membership previously; and (3) your registration and Membership are fully compliant with all relevant laws and regulations.
3. ACCOUNT CREATION AND REGISTRATION
You are required to create a Membership Account in order to join CrowdCare.
3.1 MEMBERSHIP ACCOUNTS
When registering for your Membership Account, you’ll need to provide personal information such as your name, email, phone number, and certain health details (as explained in our Privacy Policy). You agree to provide accurate, truthful, and complete information and to keep your details current at all times. You’ll also be prompted to create a password during registration. You are solely responsible for keeping your account and password secure and for all activity that occurs under your account. If you suspect any breach of security or unauthorized access, you must contact us immediately at contact@thecrowdcare.com.
4. VERIFYING YOUR IDENTITY
You give us permission to work with third-party services to verify the accuracy of your information. This may involve requesting additional documentation, verifying ownership of your email, phone number, or bank account, or checking your data against third-party databases.
5. GENERAL PAYMENT CONDITIONS
When you join as a Member, you agree to pay monthly Membership Subscription Fees. Before your first payment, you’ll be shown the full cost and asked to confirm it. All fees are charged in U.S. Dollars and are non-refundable unless specifically stated otherwise in these Terms.
5.1 Pricing
CrowdCare maintains the right to set the required monthly Membership Subscription Fee. If there are any adjustments to this fee, you will be notified in advance before the new pricing takes effect. At its sole discretion, CrowdCare may offer special promotions with alternative features or pricing to other customers. These offers will not affect your subscription or these Terms unless specifically extended to you.
5.2 Payment Authorization
By agreeing to these Terms, you give CrowdCare permission to charge all Membership Subscription Fees, along with any applicable taxes and processing charges, to the payment method listed in your Account.
5.3 Subscription Billing and Renewal
CrowdCare's services may include Membership plans with recurring charges (“Member Subscription Service”). Your billing begins on the day you join, which is considered your “Member Subscription Billing Date.” The subscription continues for the duration you selected during registration (the “Initial Member Subscription Period”) and will automatically renew for additional periods of the same length (each a “Member Subscription Period”) unless canceled or terminated.
By enrolling, you authorize CrowdCare or its payment partners to automatically bill your account on a recurring basis for each subscription period until you cancel. Full details about your “Member Subscription Fee” are available in the Member Guide. Your payment method will be charged on the Billing Date and each renewal date for applicable fees and taxes.
To avoid charges for the next period, you must cancel your subscription before the renewal date. Cancellation can be completed via the online Member Portal, the CrowdCare mobile app, by contacting your Care Advocate, or by reaching out to us directly. Cancellations must be submitted before the renewal date to prevent further billing.
5.4 Overdue Accounts
If your account has outstanding payments, CrowdCare may suspend or cancel your Membership Subscription, including any paid services included in it. In addition to the unpaid balance, you may be subject to added fees related to chargebacks or debt collection efforts. If your saved payment method is no longer valid when a renewal fee is due, CrowdCare may cancel your subscription without prior notice or liability.
6. LICENSES
6.1 Usage Restrictions
Unless legally prohibited, you may not: (a) reproduce, distribute, publicly perform or display, or create derivatives of the Service; (b) modify the Service; or (c) interfere with or attempt to bypass any features, including those for security or access control. If you are not legally allowed to use the Service, you must not use it.
6.2 Suggestions and Feedback
We welcome your suggestions for improvements. If you submit feedback, including ideas for changes or features (“Feedback”), you agree that CrowdCare has full rights to use, adapt, and implement that feedback for any purpose—without the need to compensate or credit you. This right is perpetual, royalty-free, and worldwide.
7. OWNERSHIP AND INTELLECTUAL PROPERTY
CrowdCare owns all rights to the Service. This includes designs, code (source or object), visuals, content, and technology (“Materials”). All Materials are protected under intellectual property laws and belong to CrowdCare or its licensors. You may not use them unless explicitly authorized. These Terms do not grant any implied licenses; all rights not expressly granted remain with CrowdCare.
8. THIRD-PARTY TERMS
8.1 Linked Services and Websites
Our platform may offer ways to connect or transfer your information to third-party services, such as linking your account to platforms like Facebook or Twitter. When you use these tools, you permit CrowdCare to share your data with those services. We are not responsible for how those services handle your data. Additionally, external links found on our site lead to content not controlled by CrowdCare. Always review the privacy policies and terms of those services before sharing your information.
8.2 Use of Third-Party Software
Our Service may include third-party software that is freely available and governed by its own open-source licenses (“Third-Party Components”). These licenses may allow you to copy, modify, or distribute these components. Nothing in our Terms overrides or limits your rights under such third-party licenses.
9. COMMUNICATIONS
9.1 Mandatory Notifications
As a condition of Membership, you agree to receive updates via email, SMS, and mobile app push notifications about your account and benefits. These communication methods are essential to delivering our services, and Members may not opt out of them.
9.2 Email Communication
Your primary method of communication with us will be the email address listed in your account. We will use this to send updates, notices, and support-related information. You are responsible for ensuring your email and contact details remain accurate and up to date in your account profile.
9.3 SMS Messages
By supplying your mobile number, you agree to receive text messages (SMS) from CrowdCare. Message and data rates may apply depending on your carrier’s plan.
9.4 Push Notifications
When you install our mobile app, you consent to receiving push notifications. These are alerts sent directly to your device even when the app isn't open. You may disable them in your device settings, but doing so may result in missing urgent or time-sensitive notifications related to your Membership.
10. RESTRICTED CONDUCT
By joining as a Member, you agree not to:
10.1
Use the Service for unlawful purposes or in violation of any laws or regulations.
10.2
Harass, threaten, insult, embarrass, intimidate, or harm any other CrowdCare Member.
10.3
Violate or encourage violations of any third-party rights, including through infringement or misappropriation of intellectual property.
10.4
Tamper with the security features of the Service, including but not limited to: (a) bypassing restrictions on copying or sharing content; or (b) reverse engineering software, unless explicitly permitted by law.
10.5
Disrupt the Service or impair another Member’s experience, including by:
(a) uploading malware or harmful software;
(b) sending unsolicited advertisements;
(c) collecting personal data without consent; or
(d) tampering with networks or systems that support the Service.
10.6
Engage in fraudulent actions such as impersonation, false affiliation, unauthorized account access, submitting fake medical documentation, or misrepresenting your age.
10.7
Sell, transfer, or sublicense your access to the Service or its content without authorization.
10.8
Attempt or assist others in carrying out any activities listed in this Section.
10.9
Offer or accept goods or services in exchange for approval of crowdfunding requests.
11. SERVICE DURATION AND TERMINATION
11.1 Term
These Terms remain in effect from the moment you first access, install, or use the Service and continue until terminated as outlined in Section 11.2.
11.2 Termination
If you breach any part of these Terms, your access to the Service will be automatically revoked. CrowdCare also reserves the right to suspend or terminate your account or these Terms at any time, with or without notice. You may cancel your Membership and terminate these Terms at any time through your online portal, mobile app, or by emailing us at contact@thecrowdcare.com.
11.3 Suspension
If your monthly Membership Subscription Fee is not paid, CrowdCare may suspend your Membership. This suspension may occur with or without prior notice. You will be alerted of any failed payments via email from CrowdCare or its third-party processor. Your account may be reinstated upon successful payment.
11.4 Effects of Suspension
A suspended Membership means you are not considered a Member in Good Standing. Only Members in Good Standing may submit health-related events for crowdfunding consideration. CrowdCare may also limit or revoke access to other Membership Benefits during your suspension.
11.5 Effects of Termination
Once your Membership and these Terms are terminated:
(a) your rights to use the Service end immediately;
(b) your account will be deactivated;
(c) any outstanding payments due before termination must be paid; and
(d) obligations in Sections 5.2, 7, 11.5, 12, 13, 14, 16, and 17 will continue to apply.
If your account was closed due to a violation of the Terms, you may not create a new account under any name, email, or identity.
11.6 Service Modifications
CrowdCare reserves the right to change, limit, or stop any part of the Service at any time, with or without notice. This includes changes to features, functionalities, or even the full discontinuation of services. CrowdCare is not liable for any resulting loss or disruption.
12. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless CrowdCare and its affiliates—including their officers, directors, employees, members, and agents—from any third-party claims, damages, or expenses (including legal fees) that arise from:
(1) misuse of the Service;
(2) violations of these Terms, any referenced agreements, or applicable law;
(3) infringing third-party rights such as intellectual property or privacy; or
(4) disputes between you and another party.
CrowdCare reserves the right to take over defense of any matter subject to your indemnity and you agree to support our defense efforts as needed.
13. DISCLAIMERS AND WARRANTY LIMITATIONS
13.1 No Warranty
The Service and all associated materials and content are offered “as is” and “as available.” CrowdCare makes no warranties—express or implied—regarding fitness for a particular purpose, merchantability, non-infringement, or uninterrupted, virus-free, secure operation.
13.2 No Guarantees Through Information
Any advice or information—whether written or verbal—from CrowdCare does not constitute a warranty unless explicitly stated in these Terms. You assume all risk associated with using the Service, including potential data loss or device damage.
13.3 Legal Boundaries
All disclaimers in this section apply to the fullest extent allowed by law. If any warranty or right cannot be waived under applicable legislation, CrowdCare will comply accordingly.
14. LIMITATION OF LIABILITY
14.1
To the fullest extent permitted by applicable law, CrowdCare and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including lost profits, loss of goodwill, or intangible losses—that arise from your access to or use of the Service, or your inability to use it, regardless of the legal theory under which such claims arise (e.g., contract, tort, statute). This limitation applies even if we were made aware such damages could occur.
14.2
Unless otherwise stated in Sections 15.5 and 15.6, the total liability of CrowdCare and its affiliates for all claims relating to these Terms or your use of the Service is limited to the greater of:
(a) the total amount you paid to CrowdCare for the Service during the 12-month period before the claim arose, or
(b) $100.
14.3
Each clause in these Terms limiting liability, disclaiming warranties, or excluding damages is intended to fairly allocate risks between the parties. This risk allocation forms a key foundation of the agreement between you and CrowdCare. Each provision is distinct and enforceable independently. These limitations apply even if any specified remedy fails to meet its essential purpose.
15. DISPUTE RESOLUTION AND ARBITRATION
15.1 General Agreement
You and CrowdCare agree that any dispute relating to these Terms, the Service, or communications from CrowdCare will be resolved through binding arbitration, except as described in Sections 15.2 and 15.3. Arbitration is a less formal alternative to court and typically involves a neutral arbitrator, fewer discovery obligations, and limited judicial review. Both parties waive the right to trial by jury or to participate in any class action. This agreement to arbitrate applies to all claims regardless of legal theory—contract, tort, statute, fraud, misrepresentation—and whether the issue arises before or after termination of these Terms.
15.2 Exceptions to Arbitration
This arbitration clause does not prevent either party from:
(a) bringing an individual small claims case;
(b) initiating enforcement through a regulatory agency;
(c) seeking injunctive relief in court to support arbitration; or
(d) suing in court for intellectual property infringement.
15.3 Opting Out
You may opt out of arbitration by sending a written notice within 30 days of accepting these Terms. The notice must include your full legal name, the email address associated with your account, and a statement indicating your desire to opt out. Send the notice to:
CrowdCare, Inc.
Attn: Legal Department – Arbitration Opt-Out
692 S Military Trail, Unit A
Deerfield Beach, FL 33442
Upon receipt of your opt-out letter, this arbitration section becomes void for you, and Section 16.2 will govern any legal disputes.
15.4 Arbitration Process
Disputes will be resolved under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The rules and forms are available at www.adr.org, by calling +1-800-778-7879, or through CrowdCare. The arbitrator will have exclusive authority to resolve any disputes about the interpretation or enforceability of this arbitration agreement.
15.5 Arbitration Notice and Process
Before initiating arbitration, the party intending to arbitrate must send a written notice outlining the dispute (“Notice of Arbitration”) by certified mail, FedEx (with signature required), or, if no current physical address is available, by email. Notices to CrowdCare should be sent to:
CrowdCare, LLC
692 S Military Trail, Unit A
Deerfield Beach, FL 33442
The Notice must include: (a) a detailed explanation of the claim and its basis, and (b) the specific resolution being requested (“Demand”). Both parties will attempt in good faith to resolve the matter directly. If no resolution is reached within 30 days of receiving the Notice, either party may initiate arbitration. All arbitration proceedings will remain confidential unless agreed otherwise in writing. Any prior settlement offers will not be disclosed to the arbitrator until a final award is made. If the arbitrator awards you more than CrowdCare’s last settlement offer, you will receive the greater of: (a) the arbitrator’s award or (b) $10,000.
15.6 Arbitration Fees
If you begin arbitration in accordance with these Terms, CrowdCare will reimburse your filing fee—unless your claim exceeds $10,000, in which case AAA Rules determine who pays. Arbitration hearings will take place in your county and state of residence or billing address. If your claim is $10,000 or less, you can choose to proceed: (a) via written submissions; (b) through a phone-based hearing; or (c) with an in-person hearing as guided by AAA Rules. If the arbitrator finds your claim frivolous or submitted in bad faith under Federal Rule of Civil Procedure 11(b), fee responsibility will follow AAA Rules and you agree to repay CrowdCare for any fees it advanced. Regardless of hearing format, the arbitrator must issue a detailed written decision. They may also resolve any disputes related to fees or expenses during or shortly after the proceeding.
15.7 Class Action Waiver
YOU AND CROWDCARE AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. Unless both parties agree, the arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
15.8 Arbitration Changes
If CrowdCare modifies this arbitration section (excluding address changes), you may reject those changes by sending written notice within 30 days to CrowdCare’s Arbitration Notice address. Your account will then be terminated, but the previous arbitration provision will remain effective.
15.9 Enforceability
If Section 15.7 or the entire arbitration section is found unenforceable—or if you have opted out—then Section 15 will not apply. In that case, disputes must be resolved under the jurisdiction described in Section 16.2.
16. MISCELLANEOUS
16.1 General Terms
These Terms (including the Privacy Policy, Member Guide, and any linked agreements) form the full agreement between you and CrowdCare regarding use of the Service. You may not transfer or assign your rights or obligations without written approval from CrowdCare. CrowdCare may assign this agreement at any time. If we don’t enforce a term right away, it doesn’t waive our right to enforce it later. Section titles are for convenience and don’t affect interpretation. The word “including” always means “including but not limited to.” If any part of these Terms is found unenforceable, the rest will still apply to the fullest extent possible.
16.2 Governing Law
These Terms are governed by Florida law, excluding its conflict-of-law rules. You and CrowdCare agree to submit to the personal and exclusive jurisdiction of courts located in Broward County, Florida, for any legal proceedings permitted by these Terms. We make no claims that the Service is appropriate or available in other locations.
16.3 Privacy Policy
For information about how we handle your personal data, refer to our Privacy Policy. It is incorporated into these Terms by reference.
16.4 Additional Terms
Your use of the Service is also subject to any additional terms, rules, or policies we may post related to certain features or offerings. These are also part of these Terms.
16.5 Consent to Electronic Communications
By using the Service, you consent to receiving electronic messages from us as outlined in our Privacy Policy. These messages may include legal notices and other required disclosures, which satisfy any legal requirement that such communications be in writing.
16.6 Contact Information
The Service is operated by:
CrowdCare, LLC
692 S Military Trail, Unit A
Deerfield Beach, FL 33442
Email: contact@thecrowdcare.com
16.7 California Residents Notice
If you reside in California, you have the right under California Civil Code Section 1789.3 to contact the Consumer Information Division of the California Department of Consumer Affairs. You may reach them by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at +1-800-952-5210, for questions, complaints, or further information regarding this Service.
16.8 Service Support Disclaimer
CrowdCare is not required to provide support services for the platform. If any support is offered, it will follow the guidelines and terms specified in our published policies.
16.9 Crowdfunding and Tax Status
CrowdCare prohibits members from offering goods or services in return for crowdfunded donations. Therefore, we do not issue tax documentation for funds received through these campaigns. Generally, such donations are considered personal gifts and are not treated as taxable income under U.S. law.
16.10 International Access
The Service is developed for and intended to be accessed by users located in the United States. We do not guarantee availability or legal compliance for users outside the U.S. Accessing the Service from other jurisdictions is prohibited where such use violates local laws.
17. Apple Device Notice
This section applies only to users accessing the Service via an iOS device. You acknowledge that these Terms are solely between you and CrowdCare, not Apple Inc. (“Apple”), and Apple bears no responsibility for the Service or its content. Apple is not obligated to provide maintenance or support for the Service. If the mobile app does not meet warranty standards, you may notify Apple to request a refund of any applicable purchase price.
Apple is not liable for:
- Product liability claims
- Claims that the Service fails to meet legal or regulatory requirements
- Claims under consumer protection laws
Apple is not responsible for investigating or resolving third-party claims related to the Service or its infringement of intellectual property rights. You must follow all applicable third-party terms when using the Service. Apple and its affiliates are third-party beneficiaries to these Terms and may enforce them against you.
By agreeing to these Terms, you confirm that:
(a) You are not located in a country under U.S. Government embargo or designated as “terrorist-supporting”
(b) You are not listed on any U.S. Government list of restricted or prohibited individuals.
[END TERMS OF SERVICE]