Version 1 · Effective October 5, 2026

Terms of Service

Noted Care, Inc.

13 Pallazo, Laguna Niguel, CA 92677

Effective Date: October 5, 2026

Last Updated: October 5, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website at www.noted.care (opens in a new tab), including its subpages (the “Site”), operated by Noted Care, Inc. (“Noted Care,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and to the Privacy Policy described in Section 8, which is incorporated into these Terms by reference. If you do not agree, do not use the Site.

2. Eligibility & Age Restriction

The Site is intended for adults. You must be at least 18 years of age to use the Site, and by using the Site you represent that you are 18 or older. Noted Care, Inc. does not knowingly collect personal information from children under 13, or from anyone under 18, through the Site. If Noted Care, Inc. learns that it has collected personal information through the Site from someone under 18, it will delete that information as described in Section 13.

3. Description of Service

The Site is an informational website operated by Noted Care, Inc., a Delaware corporation that develops personal healthcare applications. The Site provides information about Noted Care, Inc. and its applications, such as I Feel You – Cancer Edition (the “Applications”), news, a help center, and ways to contact us. The Site does not offer user accounts, does not sell anything, and does not accept payments. All content on the Site is provided free of charge. Each Application is a separate service governed by its own terms of use and privacy policy, which are presented when you use that Application; these Terms do not govern your use of the Applications. Noted Care, Inc. makes no guarantee of the Site’s availability, uptime, or continuity, and may change, suspend, or discontinue any part of the Site at any time.

4. Intellectual Property Ownership

Noted Care, Inc. owns all right, title, and interest in and to the Site, including all website content, the Noted Care logo, all application logos, product names, and website design (collectively, “Noted Care IP”). Noted Care IP is protected by United States and international intellectual property laws.

Noted Care, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for personal, non-commercial purposes only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Noted Care IP without prior written permission from Noted Care, Inc.

5. Information and Feedback You Send Us

If you contact us through the Site, for example through the contact form, the help center, or by email, you are responsible for the information you send. Please do not send medical records or detailed health information; we cannot provide medical advice (see Section 7). If you send us suggestions, ideas, or other feedback about the Site or the Applications, you agree that Noted Care, Inc. may use that feedback without restriction or obligation to you. Content you create or submit within an Application is governed by that Application’s terms of use and privacy policy, not by these Terms.

6. Prohibited Conduct

You agree not to:

Reverse engineer any software made available through the Site by decompiling, disassembling, or attempting to discover source code or underlying algorithms, except to the extent applicable law expressly permits it;
Scrape or harvest content or information from the Site using bots, crawlers, scrapers, or similar automated tools, other than standard search-engine indexing that follows the Site’s robots.txt file;
Copy the Site or its content or design for the purpose of building a competitive product or service;
Send spam, phishing communications, or unsolicited messages through the Site’s contact or help features, or use them to generate high-volume automated traffic;
Upload or transmit through the Site any viruses, malware, worms, or other malicious, unlawful, infringing, or harmful code or content;
Circumvent the Site’s rate limits, security controls, or usage restrictions; or
Sublicense, resell, or commercially exploit the Site or its content without express written authorization from Noted Care, Inc.

Noted Care, Inc. may block or restrict access to the Site for anyone who violates this Section. Some of this conduct may also violate applicable law.

7. Healthcare Disclaimer

IMPORTANT: THE SITE AND THE NOTED CARE, INC. APPLICATIONS DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND THE APPLICATIONS ARE NOT MEDICAL DEVICES. NOTHING ON THE SITE OR IN ANY NOTED CARE, INC. APPLICATION SHOULD BE CONSTRUED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL. ALWAYS REVIEW ANY SYMPTOMS OR HEALTH CONCERNS WITH YOUR CARE TEAM. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

The Site is designed not to collect health information. Noted Care, Inc. does not operate the Site on behalf of a health care provider, health plan, or other entity covered by the Health Insurance Portability and Accountability Act (HIPAA), or as a business associate of such an entity. Please do not submit health information through the Site’s contact or help features.

8. Privacy Policy, Cookies & Analytics

The Noted Care, Inc. Privacy Policy, available at https://www.noted.care/privacy (opens in a new tab) (“Privacy Policy”), explains what information Noted Care, Inc. collects through the Site and how it is used, and is incorporated into these Terms by reference.

The Site does not use cookies, web storage, or tracking pixels. Noted Care, Inc. uses a cookieless analytics service to measure page visits in aggregate. Noted Care, Inc. does not sell personal information and does not share personal information for cross-context behavioral advertising. Your privacy rights, including any rights you may have under California law, are described in the Privacy Policy.

9. “As Is” Service / No Warranty / No Uptime Guarantee

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NOTED CARE, INC. DOES NOT GUARANTEE THAT THE SITE WILL BE AVAILABLE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS AT ANY TIME. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTED CARE, INC. IS NOT LIABLE FOR ANY INTERRUPTIONS, DOWNTIME, DATA LOSS, OR ERRORS ARISING FROM USE OF OR INABILITY TO USE THE SITE.

10. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, NOTED CARE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY NOTED CARE, INC. CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOTED CARE, INC.’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO NOTED CARE, INC. FOR USE OF THE SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOTED CARE, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF NOTED CARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, gross negligence, willful misconduct, or violation of law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, Noted Care, Inc.’s liability is limited to the maximum extent permitted by law.

12. Applications & Third-Party Sites

The Site links to the Applications and may link to websites or services that Noted Care, Inc. does not operate. Each Application is governed by its own terms of use and privacy policy, which you will be asked to review before using it. Noted Care, Inc. is not responsible for the content, policies, or practices of third-party websites or services, and your use of them is subject to their own terms.

13. Requests to Delete Information

The Site does not offer user accounts. If you have sent Noted Care, Inc. information through the Site (for example, through the contact form or by email) and would like it deleted, email privacy@noted.care. Noted Care, Inc. will delete that information within 45 days of verifying your request, except information it must keep to comply with a legal obligation, resolve a dispute, enforce its agreements, or protect the security of the Site. Copies held in routine backups are deleted as those backups expire on their regular schedule. Information from which you cannot reasonably be identified may be retained. Your deletion rights are further described in the Privacy Policy.

14. Modifications to Terms

Noted Care, Inc. may modify these Terms from time to time. When it does, it will post the updated Terms on the Site and change the “Last Updated” date above. For material changes, including changes to dispute resolution procedures, liability limitations, or eligibility requirements, Noted Care, Inc. will also post a prominent notice on the Site at least 14 days before the changes take effect. Changes apply only going forward: they do not apply to any dispute that arose, or any claim that was filed, before the changes took effect. If you continue to use the Site after the effective date of a change, the modified Terms apply to you. If Noted Care, Inc. makes a material change to Section 16, you may reject that change by emailing legal@noted.care within 30 days after it takes effect, in which case the version of Section 16 in effect before the change will continue to apply to disputes between you and Noted Care, Inc. Prior versions of these Terms will be archived and available upon request.

15. Dispute Resolution — Informal Negotiation

Before initiating arbitration, you and Noted Care, Inc. must attempt to resolve any dispute informally. The party asserting a dispute must send written notice to the other party that includes its name and contact information, a description of the claim, and the relief sought. The parties will then have 30 days from receipt of that notice to resolve the dispute in good faith. Notice to Noted Care, Inc. must be sent to legal@noted.care and by mail to 13 Pallazo, Laguna Niguel, CA 92677. Arbitration may not be initiated until the 30-day period has expired without resolution. Any applicable statute of limitations is tolled during that 30-day period.

16. Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Arbitration Agreement. If a dispute is not resolved through informal negotiation under Section 15, it shall be finally resolved by binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the arbitration is filed (the “AAA Rules”), which are available at www.adr.org (opens in a new tab) or by calling the AAA at 1-800-778-7879. Arbitration shall be seated in Orange County, California, and the arbitrator may conduct proceedings by telephone, by video, or on written submissions as the AAA Rules allow.

Starting Arbitration. To begin arbitration, the party bringing the claim must file a demand for arbitration with the AAA as described in the AAA Rules and send a copy of the demand to the other party. Demands to Noted Care, Inc. must be sent to the addresses in Section 20.

Small Claims. Instead of arbitration, either party may bring an individual claim in small claims court if the claim qualifies and remains in that court on an individual basis.

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules, under which the business pays most of those fees in consumer arbitrations. Each party bears its own attorneys’ fees and costs, unless the arbitrator awards them under applicable law.

Scope. This arbitration agreement covers all disputes arising out of or relating to these Terms, the Privacy Policy, or your use of the Site, including disputes about the validity, enforceability, or scope of this arbitration agreement, except that either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Remedies. The arbitrator may award any individual relief that would be available in court, including injunctive and declaratory relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Nothing in this Section waives any right you may have under applicable law to seek public injunctive relief; any such claim will be severed and stayed pending the outcome of the arbitration and then decided by a court.

Right to Opt Out. You may opt out of this arbitration agreement by emailing legal@noted.care with the subject line “Arbitration Opt-Out” within 30 days after you first use the Site. Opting out does not affect any other part of these Terms.

CLASS ACTION WAIVER. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND NOTED CARE, INC. EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW. THIS WAIVER IS MUTUAL AND APPLIES EQUALLY TO NOTED CARE, INC. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

If the class action waiver is found unenforceable with respect to any claim, that claim shall be severed and litigated in court; all remaining claims shall proceed in arbitration.

17. Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. For any dispute not subject to arbitration under Section 16, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Orange County, California.

18. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable; if it cannot be so modified, it shall be severed, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Noted Care, Inc. regarding the Site and supersede all prior or contemporaneous understandings, representations, or agreements relating to the same subject matter. Your use of each Application is governed by that Application’s own terms of use and privacy policy.

20. Contact & Legal Notices

Noted Care, Inc.

13 Pallazo

Laguna Niguel, CA 92677

Email: legal@noted.care

All legal notices to Noted Care, Inc. must be sent in writing to the address above and by email to legal@noted.care. Notices are effective upon confirmed receipt.