Document Contents & Quick Navigation
Acceptance of Terms, Eligibility & Clickwrap Audit Logging
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and QuestCare Connect Inc. ("QuestCare Connect," "Company," "we," "us," or "our"), governing your access to and use of the QuestCare Connect web portal, mobile applications, APIs, and associated digital services (the "Service").
A. Mandatory Condition Precedent to Any Access or Use
Your affirmative agreement to these Terms of Service and our Privacy Policy is an absolute, non-negotiable condition precedent to accessing, viewing, downloading, installing, creating an account on, or using the Service in ANY capacity whatsoever (including as a visitor, caregiver applicant, patient profile administrator, care circle invitee, or subscriber). If you do not unconditionally and irrevocably agree to every term, limitation of liability, covenant not to sue, and arbitration waiver contained herein, you are strictly prohibited from accessing or using the Service in any capacity and must immediately terminate your session and uninstall all components of the software.
B. Eligibility & Legal Capacity
You represent and warrant that you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction of residence) and possess full legal capacity to enter into these Terms. If you are agreeing to these Terms on behalf of a family member, dependent, care recipient, or corporate entity, you represent and warrant that you possess valid legal authority (such as a valid power of attorney, legal guardianship, or corporate agency) to bind that individual or entity.
C. Universal Clickwrap Enforceability & Tamper-Evident Audit Logging
Your acceptance of these Terms—whether via electronic checkbox, "Create Account" submission, login authentication, invitation acceptance, onboarding confirmation, or application submission—constitutes a legally binding electronic signature pursuant to the Canadian Electronic Commerce Acts, the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), and the Uniform Electronic Transactions Act (UETA). Our systems cryptographically store an audit record containing your unique user identifier, the exact policy version string, an ISO-8601 timestamp, your IP address, and your browser/operating system metadata.
D. Unilateral Modification Framework
The Company reserves the right to modify these Terms at any time. Material changes will be communicated via mandatory in-app pop-up requiring active clickwrap re-acceptance before service access is restored. Continued use after notice constitutes irrevocable acceptance.
CRITICAL HEALTHCARE DISCLAIMER: Not Medical Advice & Non-Emergency Service
EMERGENCY MEDICAL WARNING - CALL 911 IMMEDIATELY
QUESTCARE CONNECT DOES NOT PROVIDE 911 DISPATCH OR REAL-TIME EMERGENCY TRIAGE
IF YOU, A PATIENT, OR SOMEONE IN YOUR CARE CIRCLE EXPERIENCES A MEDICAL EMERGENCY, SUDDEN CLINICAL DETERIORATION, CHEST PAIN, DIFFICULTY BREATHING, ADVERSE PHARMACEUTICAL REACTION, OR LIFE-THREATENING EVENT, IMMEDIATELY CALL 911 (OR YOUR LOCAL EMERGENCY SERVICE NUMBER) OR PROCEED TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT.
DO NOT USE OR RELY UPON QUESTCARE CONNECT FOR IMMEDIATE CLINICAL INTERVENTION, REAL-TIME VITAL MONITORING, OR EMERGENCY RESCUE. THE SERVICE IS AN ADMINISTRATIVE SOFTWARE COORDINATION TOOL ONLY.
No Practice of Medicine or Nursing
QuestCare Connect Inc. is a technology software company, not a healthcare provider, hospital, clinic, medical practice, nursing service, or home health agency. The Service, including all vital signs tracking, medication logs, task reminders, and automated insights, is provided strictly for informational, organizational, and scheduling convenience. The platform operates strictly as a passive Medical Device Data System (MDDS). The platform does not perform automated clinical analysis, interpret real-time vitals, alter physiological tracking parameters, or issue diagnostic conclusions.
Nothing contained in the Service constitutes medical advice, clinical diagnosis, prognosis, nursing care, or prescription of treatment. The Service does not establish a doctor-patient, nurse-patient, or fiduciary relationship. Always seek the advice of a qualified, licensed medical professional regarding any medical condition, symptom, or treatment plan.
Emergency Responder Gatekeeper & QR Code Access Terms
QuestCare Connect includes emergency responder features, including quick-response (QR) codes and emergency access PINs ("Responder Gatekeeper"), designed to display emergency medical summaries, allergies, advance directives (such as DNR status), and primary contacts to first responders during emergencies.
Sole Caregiver Responsibility for Accuracy: The Primary Caregiver is solely responsible for ensuring all emergency profile information, medication lists, allergies, and contact numbers are current, accurate, and complete. Except in cases of proven gross negligence or intentional willful misconduct by the Company, the Company disclaims all liability for any failure, delay, corruption, or unavailability of medical summary data displayed via the Responder Gatekeeper.
No Guarantee of Responder Action: QuestCare Connect does not warrant or represent that emergency responders, paramedics, or police will locate, scan, access, or follow any data made available through the Responder Gatekeeper. Access is provided strictly on an "AS AVAILABLE" basis and is subject to local internet connectivity and mobile device performance.
Artificial Intelligence (AI) Features & Assumption of Risk
Terms Governing AI Insights, Summaries & Automated Recommendations
The Service incorporates advanced artificial intelligence capabilities to produce automated health summaries, report comparisons, document extraction, dietary plans, physical therapy routines, and interactive health insights ("AI Outputs").
Probabilistic Models & Risk of Hallucination: You expressly acknowledge that generative AI systems operate on probabilistic language patterns and are capable of producing inaccurate, incomplete, hallucinated, outdated, or erroneous interpretations of medical data.
Informational & Non-Clinical Tool Only: AI Outputs are strictly raw heuristic datasets generated via probabilistic modeling and do not constitute clinical parameters, medical advice, or validated health metrics. You are advised to independently review and verify all AI summaries, suggestions, dietary plans, or medication schedules with a qualified licensed physician before taking clinical action.
Total User Assumption of Risk: YOU EXPRESSLY AGREE THAT YOUR USE OF OR RELIANCE UPON ANY AI OUTPUT IS CONDUCTED AT YOUR SOLE RISK. QUESTCARE CONNECT DISCLAIMS ALL LIABILITY FOR ANY ADVERSE CLINICAL OUTCOMES, INJURIES, MISDIAGNOSES, OR DAMAGES RESULTING FROM AI OUTPUTS.
Caregiver Marketplace: Neutral Venue Safe Harbor & Labor Disclaimers
QuestCare Connect is a Neutral Technology Intermediary
The Service includes a caregiver recruitment and matching board enabling families to post caregiving opportunities and individual caregivers to submit applications ("Marketplace").
A. Neutral Technology Intermediary & Non-Employment Statement: QuestCare Connect is strictly an online venue and technology intermediary. QuestCare Connect does NOT employ, endorse, recommend, or supervise any caregiver, nurse, aide, or companion. Caregivers operate as independent third-party professionals or direct employee-agents of the hiring family. Under no circumstances shall QuestCare Connect be deemed an employer, joint employer, staffing agency, or employment bureau.
B. Hiring Family Responsibility for Vetting & Compliance: The hiring family or profile administrator bears sole responsibility for interviewing candidates, verifying credentials/licenses, performing background checks, setting rates/hours, and complying with applicable employment, tax, and worker's compensation standards.
C. Release of Marketplace Disputes: In the event of any dispute between a caregiver and a hiring family—including claims relating to contract terms, unpaid wages, property loss, or personal injury—you hereby release QuestCare Connect Inc., its officers, directors, and agents from all claims, demands, and damages arising out of or connected with such dispute.
User Accounts, Security Credentials & Biometric Passkeys
You are responsible for safeguarding your account login credentials, passwords, and multi-factor authentication devices. You agree to notify us immediately through the in-app Support Feature if you discover any unauthorized access or breach of your account security.
Where you enable biometric passkey sign-in (WebAuthn/FIDO2), your biometric authentication templates (fingerprint, Face ID) remain solely on your personal client device. QuestCare Connect stores only cryptographic public key credentials and credential IDs necessary to authenticate your hardware device. The platform utilizes native device hardware authentication APIs (e.g., Apple FaceID, Android BiometricPrompt). The Company never accesses, collects, captures, stores, or transmits raw biometric identifiers or biometric information from your device.
User Content, Third-Party Patient Representation & Authority for PHI
You retain complete ownership of all data, text, clinical reports, scans, images, and notes that you upload or transmit through the Service ("User Content").
A. Mandatory Warranty & Representation of Authority for Third-Party Patient Profiles
Whenever you create a care profile, enter Protected Health Information (PHI), log medications, track vitals, upload documents, or invite care team members on behalf of any individual other than yourself (including an aging parent, spouse, sibling, adult child, dependent minor, or client), you represent and warrant that you hold valid, unrevoked legal authority (such as Power of Attorney, legal guardianship, or express informed consent) to manage that individual's healthcare records.
- Valid Legal Instruments: You possess verified, legally binding authority to manage and disclose that person's healthcare records—such as a duly executed Power of Attorney for Healthcare / Personal Care, a valid Court Order appointing you as Legal Guardian or Conservator, statutory status as a lawful Substitute Decision Maker (SDM) under applicable provincial or state law, or legal parental custody of an unmarried minor; OR
- Informed, Unrevoked Consent: You possess express, unrevoked, informed written consent voluntarily granted to you by the patient at a time when the patient possessed full legal and mental capacity.
B. Informal Verbal Consent, Cognitive Impairment & Family Disputes
You expressly acknowledge that healthcare privacy laws (including HIPAA, PIPEDA, Ontario PHIPA, and state health confidentiality statutes) strictly regulate third-party medical disclosure. Casual, informal, or verbal "permission" is inherently fragile and legally vulnerable if challenged. In particular:
- Cognitive Decline & Dementia: If the individual experiences dementia, Alzheimer's disease, stroke, delirium, or any cognitive impairment that compromises legal capacity, that individual lacks the legal power to grant informal or verbal permission. In such cases, you warrant that you are acting strictly pursuant to a pre-existing, legally valid Power of Attorney or court-ordered Guardianship.
- Family, Estate & Custody Conflicts: QuestCare Connect is a technology communications platform, NOT a probate court, family mediation tribunal, or medical arbiter. We have zero obligation or capacity to adjudicate disputes between estranged family members, competing siblings, divorced parents, or opposing attorneys regarding who holds legal authority over a patient's care profile.
C. Right to Rely Without Verification Duty & Neutral Platform Immunity
You agree that QuestCare Connect has no duty, obligation, or affirmative requirement to independently investigate, audit, or verify the validity, authenticity, or legal subsistence of your Power of Attorney, guardianship order, or patient consent. QuestCare Connect is legally entitled to rely unconditionally upon your electronic attestation, clickwrap confirmation, and warranties provided at the time of patient profile creation and caregiver invitation.
D. Immediate Right to Freeze, Suspend or Purge Contested Profiles Without Liability
If the patient themselves, an attorney representing the patient, a court of competent jurisdiction, or a competing family member asserting superior legal authority notifies QuestCare Connect of a dispute regarding a patient profile, QuestCare Connect reserves the absolute right, in its sole and unfettered discretion and WITHOUT ANY LIABILITY TO YOU OR THE PATIENT, to immediately:
- Freeze or suspend all account access to the contested patient profile;
- Revoke invitations and sever care circle permissions for all attached members;
- Conceal, restrict, archive, or permanently purge the care profile and associated clinical records; and/or
- Comply with any lawful subpoena, court decree, or statutory disclosure order.
Under no circumstances shall QuestCare Connect be liable for any interruption in care coordination, missed medication reminders, loss of data, or damages resulting from our precautionary suspension or deletion of a disputed profile.
E. Defense & Indemnification for Patient Representation Disputes
If any patient, family member, guardian, estate executor, regulatory authority, or third party initiates any claim, complaint, investigation, or lawsuit against QuestCare Connect arising from or related to your creation, management, tracking, or disclosure of a third-party patient profile, you agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS QuestCare Connect Inc. from any and all liabilities, legal judgments, regulatory fines, and legal fees pursuant to Section 14.
Limited License to Operate: You grant QuestCare Connect a worldwide, royalty-free, non-exclusive license to host, parse, de-identify, encrypt, transmit, and display User Content solely to the extent necessary to operate, protect, debug, and provide the Service to you and your authorized care circle.
Acceptable Use & Strictly Prohibited Conduct
You agree that you will not, under any circumstances:
- Reverse engineer, decompile, disassemble, or derive source code from any portion of the Service;
- Scrape, spider, crawl, or harvest data through automated bots, scrapers, or scripts;
- Circumvent, disable, or tamper with security features, access controls, encryption protocols, or authentication mechanisms;
- Impersonate any healthcare provider, physician, registered nurse, first responder, or another user;
- Upload fraudulent medical records, altered doctor reports, or deceptive prescription information;
- Use the Service to transmit spam, unlawful solicitations, malware, viruses, or destructive code;
- Use the Service in violation of HIPAA, PIPEDA, state health privacy acts, or international export laws;
- Sublease, resell, or exploit the Service or virtual platform credits for commercial resale without authorization.
The Company reserves the right to immediately suspend access to any account suspected of violating Section 8. Upon suspension, the Company will issue a written notice within 48 hours outlining the violation and the operational steps required to cure the breach, if curable.
Billing, Subscriptions, Virtual Currency ("Platform Credits") & Wallet Donations
Paid tiers renew automatically on a recurring monthly or annual basis unless cancelled prior to the conclusion of the billing period via your Settings dashboard. All payment transactions are processed by Stripe. All fees are exclusive of applicable taxes.
Platform Credits are limited, revocable software licenses for unlocking premium AI workflows. Credits possess ZERO monetary or cash value, do not accrue interest, are non-transferable, and cannot be refunded or redeemed for legal currency.
No Refunds / All Sales Final: EXCEPT WHERE STRICTLY PROHIBITED BY APPLICABLE CONSUMER PROTECTION STATUTES, ALL SUBSCRIPTION CHARGES AND SYSTEM CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE. QuestCare Connect reserves the right to adjust pricing or credit schedules with thirty (30) days advance electronic notice.
Telehealth Video Consultations & Telecommunications Terms
Video consultations within care circles are enabled via encrypted sessions powered by Twilio Video. QuestCare Connect does not warrant continuous video quality, packet transmission, or uninterrupted connectivity, as call fidelity depends upon third-party cellular carriers and local Wi-Fi equipment.
Prohibition of Non-Consensual Recording & Structural Capacity Disclaimer: Recording, screen-capturing, or broadcasting care circle video calls without the express, unanimous consent of all call participants is strictly prohibited and may constitute a criminal offense under applicable wiretapping and eavesdropping statutes. The platform utilizes end-to-end encrypted third-party telecommunication streams. The Company lacks the technological capacity to block external hardware-based audio or video interception, and you assume all legal risk under applicable electronic eavesdropping laws.
Intellectual Property & DMCA Copyright Takedown Procedure
All software source code, UI designs, brand marks, logos, graphics, and documentation comprising the Service are the exclusive property of QuestCare Connect Inc. and its licensors, protected by Canadian, U.S., and international copyright, trademark, and trade secret laws.
Canadian Notice and Notice & DMCA Safe Harbor Notice: For users and content hosted within Canada, the Company complies strictly with the Notice and Notice regime of the Canadian Copyright Act. Infringement claims must be routed through our designated agent in Ontario, Canada. If you believe content hosted on the Service infringes your valid copyright under U.S. law, submit a written notice to our designated Copyright Agent through the in-app Support Feature (selecting "Legal & Copyright Notice") or by mail to QuestCare Connect Inc., Attn: Copyright Agent, in Ontario, Canada, containing: (1) Identification of the copyrighted work; (2) Specific URL or location of the infringing material; (3) Your contact details; (4) A statement of good faith belief; and (5) A statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.
Comprehensive Disclaimer of Warranties ("AS IS" and "AS AVAILABLE")
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, ALL AI-GENERATED OUTPUTS, AND ALL CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
QUESTCARE CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, UPTIME, FREEDOM FROM MALWARE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR MEDICAL NEEDS, OPERATE UNINTERRUPTED, OR PREVENT HEALTH COMPLICATIONS.
STRICT LIMITATION OF LIABILITY & DAMAGE EXCLUSIONS
A. Total Waiver of Consequential, Punitive & Non-Economic Damages:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUESTCARE CONNECT INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER FAILURE, WRONGFUL DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, MEDICAL EXPENSES, OR CAREGIVER DISPUTES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Hard Aggregate Liability Cap:
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF THE SERVICE EXCEED THE GREATER OF: (I) ONE HUNDRED AND FIFTY DOLLARS (\$150.00), OR (II) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IF APPLICABLE JURISDICTIONAL LAW DOES NOT PERMIT THIS CAP, LIABILITY SHALL BE CAPPED AT THE ABSOLUTE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.
C. Irrevocable Covenant Not to Sue & Fee-Shifting Sanctions:
AS AN ESSENTIAL CONDITION OF BEING GRANTED ACCESS TO THE SERVICE IN ANY CAPACITY, YOU EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY COVENANT AND AGREE THAT YOU WILL NEVER SUE, COMMENCE, PROSECUTE, JOIN, AID, OR PARTICIPATE IN ANY LAWSUIT, CIVIL ACTION, CLASS PROCEEDING, COURT TRIAL, OR ADMINISTRATIVE COMPLAINT AGAINST QUESTCARE CONNECT INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES IN ANY COURT OF LAW OR EQUITY WORLDWIDE IN CONNECTION WITH ANY DISPUTE, MEDICAL OUTCOME, AI RECOMMENDATION, OR CAREGIVER INTERACTION. ALL CLAIMS MUST BE RESOLVED EXCLUSIVELY VIA THE BINDING INDIVIDUAL ARBITRATION PROCEDURE SET FORTH IN SECTION 15.
IF YOU OR ANY PARTY ACTING ON YOUR BEHALF FILES OR COMMENCES ANY COURT ACTION OR LAWSUIT IN BREACH OF THIS COVENANT NOT TO SUE, YOU AGREE TO IMMEDIATELY INDEMNIFY AND REIMBURSE QUESTCARE CONNECT FOR ALL ATTORNEYS' FEES, COURT COSTS, LEGAL EXPENSES, AND DISBURSEMENTS INCURRED BY QUESTCARE CONNECT IN ENFORCING THIS BAR, OBTAINING DISMISSAL, OR COMPELLING ARBITRATION.
D. Express Waiver of California Civil Code § 1542 (Release of Unknown Claims):
YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (AND ANY SIMILAR STATUTE OR COMMON LAW RULE OF ANY OTHER JURISDICTION), WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
YOU ACKNOWLEDGE THAT YOU MAY HEREAFTER DISCOVER CLAIMS OR FACTS DIFFERENT FROM OR IN ADDITION TO THOSE YOU NOW KNOW OR BELIEVE TO EXIST, BUT YOU EXPRESSLY AGREE THAT THIS RELEASE SHALL REMAIN IN FULL EFFECT AS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL SUCH UNKNOWN CLAIMS.
E. Voluntary Primary Assumption of Inherent Healthcare Risks:
YOU ACKNOWLEDGE THAT CARE COORDINATION, HEALTHCARE MONITORING, MEDICATION TIMING, AND VITAL SIGN FLUCTUATIONS CARRY INHERENT MEDICAL RISKS. YOU FREELY, KNOWINGLY, AND VOLUNTARILY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF ILLNESS, ADVERSE DRUG INTERACTIONS, PHYSICAL INJURY, EMOTIONAL DISTRESS, OR CLINICAL COMPLICATIONS ARISING IN CONNECTION WITH USE OF THE SERVICE, RELIANCE UPON AI OUTPUTS, OR CAREGIVER ENGAGEMENTS.
Comprehensive User Indemnification
You agree to defend, indemnify, and hold harmless QuestCare Connect Inc., its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all third-party claims, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal and accounting fees) arising out of or related to the points listed below. The Company reserves the absolute right, at the indemnifying User’s sole expense, to assume the exclusive defense, control, and settlement negotiations of any matter otherwise subject to indemnification by you, using legal counsel of the Company's choice.
- Your use, misuse, or inability to use the Service;
- Any violation by you of these Terms or our Privacy Policy;
- Your creation of a patient profile, entry of third-party health records, or invitation of care circle members without verified legal authority, or any family, guardian, healthcare proxy, or estate dispute contesting your right to manage such individual's care profile;
- Any caregiver engagement, contract dispute, wage claim, or tortious act arising through the Marketplace;
- Your violation of any third-party privacy, intellectual property, or statutory rights;
- Any clinical action taken or withheld based upon AI-generated suggestions.
MANDATORY BINDING INDIVIDUAL ARBITRATION & CLASS ACTION WAIVER
A. Mandatory Informal Resolution (30 Days)
Before commencing arbitration, you and QuestCare Connect agree to make a good-faith effort to resolve any dispute informally. You must submit written notice describing the dispute through the in-app Support Feature (/support) (selecting "Dispute Resolution"). If the dispute is not resolved within thirty (30) days of receipt, either party may commence binding arbitration.
B. Binding Individual Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be finally settled by binding individual arbitration. For Canadian disputes, arbitration shall be conducted under the Arbitration Rules of the ADR Institute of Canada (ADRIC) in Toronto, Ontario. For U.S. and international disputes, arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in Wilmington, Delaware or your county of residence. The arbitrator’s award shall be binding and enforceable in any court of competent jurisdiction.
C. CLASS ACTION WAIVER
YOU AND QUESTCARE CONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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 OR PRESIDE OVER ANY CLASS PROCEEDING.
D. 30-Day Opt-Out Right
You have the right to opt out of this mandatory arbitration agreement by submitting written notice within thirty (30) days of your initial account creation through the in-app Support Feature (/support) (selecting "Arbitration Opt-Out") or by written mail to QuestCare Connect Inc. If you opt out, all other provisions of these Terms remain in full effect.
E. Mass Arbitration Protocol
If 25 or more similar arbitration demands are asserted against the Company by the same counsel or a coordinated group, the claims shall be resolved in sequential batches of 10. All remaining claims shall be stayed, and no arbitration administrative fees shall accrue or be due until the preceding batch is fully resolved.
Governing Law, Exclusive Venue & Statute of Limitations
For Canadian residents, these terms are governed by Ontario law. For US and International residents, these terms are governed by the laws of the State of Delaware, and any non-arbitrated judicial proceedings must be brought exclusively in the state or federal courts located in Wilmington, Delaware.
To the extent court proceedings are permitted under these Terms for Canadian residents (or if you successfully opt out of arbitration), you and QuestCare Connect agree to submit to the exclusive personal and subject matter jurisdiction of the provincial and federal courts located in Toronto, Ontario, Canada.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous & General Legal Provisions
Legal Department Contact
QuestCare Connect Inc.
Attn: Legal Affairs & Compliance
Province of Ontario, Canada