Averyn Care — Terms of Use

Effective Date: December 23, 2025

These Terms of Use ("Terms") govern your use of the Averyn Care website, applications, portal, messaging channels, coordination services, and any related offerings (collectively, the "Services"). These Terms form a binding agreement between you ("you," "your," or "User") and Averyn Care LLC ("Averyn," "we," "our," or "us").

By accessing or using the Services, you agree to these Terms. If you do not agree, you must discontinue use of the Services.

These Terms work together with the Averyn Care Privacy Policy, which describes how we collect, use, and safeguard information.

Scope of These Terms (Averyn Properties): These Terms apply to all websites, applications, subdomains, APIs, and other online properties owned, operated, or maintained by Averyn Care LLC, including but not limited to averyncare.com, averyn.app, averynone.com, api.averyn.app, and any future domains or services that display, link to, or reference these Terms (collectively, the "Averyn Properties"). By using any Averyn Property, you agree to these Terms.

These Terms apply to all users, including paying subscribers, invited family members, caregivers, authorized representatives, or any other individuals accessing the Services.

Terminology: In these Terms, the "Supported Person" is the individual whose care-related logistics and administrative tasks are being coordinated (which may be you).

1. Nature of the Services

Averyn provides non-clinical, family-directed administrative coordination services. Our staff are not licensed healthcare professionals and do not receive training in clinical assessment, triage, diagnostic evaluation, symptom interpretation, or determination of medical urgency. Averyn staff operate with empathy and organizational skill, similar to how an untrained family member might assist with navigating care logistics.

Averyn's responsibilities are limited to carrying out administrative actions when directed by the Supported Person or the Supported Person's authorized representative, and to relaying information or requests to third parties as instructed. Averyn does not determine clinical necessity, medical appropriateness, urgency, or safety. All medical decisions rest solely with the Supported Person's licensed healthcare providers.

Nothing in the Services creates a duty for Averyn to recognize, detect, or escalate hidden or concealed deterioration, non-adherence, symptom changes, or medical risk factors, whether or not such information is partially disclosed, withheld, or misrepresented by the Supported Person or others.

2. Eligibility and Access

You must be at least 18 years old to use the Services. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

If you access or manage information for another individual, you affirm that you are legally authorized to do so.

3. Service Geography and Language

Averyn Care Services are available only for Supported Persons located within the United States.

Services are primarily provided in English. Some features, including portal content, summaries, or educational materials, may not be available in other languages.

Translation services may be offered at additional cost through third-party providers. Accuracy is not guaranteed. The English version of provider instructions controls.

4. Family Participation and Primary Contact

One Primary Contact must be designated for each family. The Primary Contact determines administrative priorities and who may receive updates. Averyn may consolidate communications to avoid duplication or conflict.

The paying subscriber is not automatically entitled to access Supported Person information unless authorized.

5. Scope of Services

Scope Clarification

Averyn's role is limited to administrative support directed by the family. Averyn does not set clinical priorities; does not evaluate whether any request is clinically appropriate; does not balance risks or interpret symptoms; and does not determine whether actions requested by the family align with standard protocols, industry norms, or clinical best practices. Averyn acts at the direction of the Supported Person or an authorized family member, not at the direction of providers, payers, or any entity attempting to manage utilization or guide clinical decision-making.

A. Administrative Activities (What We Do)

Averyn may:

B. Medication Adherence and Wellness Check-Ins

Averyn may ask whether the Supported Person is taking medications or has encountered difficulties doing so, for the sole purpose of assisting with refills or relaying concerns reported by the Supported Person to providers. Averyn does not:

Averyn relies entirely on the Supported Person and family to disclose accurate information. If the Supported Person withholds information, conceals non-adherence, or misrepresents their situation, Averyn is not responsible for detecting such omissions or for consequences arising from them.

C. Symptom and Wellness Reporting

Averyn may ask about symptoms or changes in overall wellness and may document and relay this information to providers when requested by the Supported Person or Primary Contact. Averyn does not evaluate symptom patterns, determine severity, identify red flags, monitor symptom progression, or interpret whether symptoms require medical attention. Averyn does not assume responsibility for detecting hidden or evolving medical issues and is not liable for any deterioration that is not accurately disclosed.

D. Out-of-Scope Activities (What We Do Not Do)

Averyn does not:

All clinical concerns must be directed to licensed healthcare providers.

6. Emergency Situations

Averyn is not an emergency service and does not monitor Supported Persons or provide safety surveillance. Averyn staff do not receive training in assessing urgent or emergent medical needs.

If a situation appears to present immediate danger based on information disclosed to Averyn, we may advise the family to call 911 or, in rare circumstances, may contact emergency services on their behalf as a courtesy. Such actions are voluntary, best-effort accommodations and do not create any duty to continue monitoring, predicting, preventing, or identifying emergencies.

The Supported Person and family remain solely responsible for seeking emergency care when needed.

7. Communications and Devices

A. Communications

By using the Services and providing contact information, you consent to receive service-related communications from Averyn via email, phone, SMS/MMS, in-app messaging, or other channels. Message frequency varies based on your activity, your communication preferences, and your service tier. Message and data rates may apply.

Text messages (SMS/MMS) — program details: Averyn uses text messaging primarily for non-clinical administrative coordination and account-related communications, not for marketing. Examples include: family invitations to join a household; one-time passcodes or account notices; appointment reminders or schedule changes; logistics confirmations; and customer-care responses.

SMS and carrier registration: Averyn may use communications platforms such as RingCentral (or similar providers) and may register its brand and messaging use cases with telecommunications providers and participating carriers. As part of registration, compliance review, and ongoing carrier requirements, Averyn may provide or cite these Terms and the Privacy Policy.

Data privacy for SMS: Averyn does not sell personal information. We do not share SMS opt-in information with third parties for their own marketing or promotional purposes.

Opt-out (general): You can opt out of non-essential text messages at any time using the keywords above or by following any other opt-out instructions we provide. Opting out may limit our ability to provide certain features that rely on text messaging (for example, time-sensitive reminders or coordination updates).

B. Averyn HomeLink Device

Optional Averyn devices such as the "Averyn HomeLink" tabletop speaker:

Averyn is not liable for device connectivity issues or any resulting impacts.

C. Visit Recordings and Averyn Clarity Recorder

Supported Persons (or authorized family members) may record provider visits using personal devices or an Averyn-branded device such as the "Averyn Clarity Recorder." Averyn may process and transcribe such recordings to prepare supplemental administrative summaries.

Averyn does not guarantee the accuracy or completeness of recordings or transcriptions and is not responsible for conflicts between such summaries and official provider documentation. Recordings are deleted after transcription unless retention is required by law.

Users are solely responsible for complying with any applicable recording laws and with provider or facility policies governing recordings.

8. Third-Party Portals and Credentials

A. Use of Credentials

With authorization, Averyn may use credentials provided by the Supported Person or authorized representative to access provider portals, Medicare and insurance portals, pharmacy portals, and other service-provider portals solely for authorized administrative tasks. Where proxy or delegated access is not available, and with explicit authorization, Averyn may securely store and manage portal credentials provided by the Supported Person or authorized representative using enterprise-grade password management tools, solely to facilitate authorized administrative coordination. Averyn will attempt to establish proxy or delegated access where possible.

B. Acceptance of Portal Terms

Third-party portals may require acceptance of Terms of Service or Privacy Policies before access is granted. Averyn may acknowledge or click through such terms only for the purpose of accessing the system and retrieving administrative information.

Averyn does not:

Supported Persons and their legal representatives remain solely responsible for reviewing and understanding the Terms of Service and Privacy Policies of all third-party portals, providers, payers, and vendors.

9. Coordination with Third-Party Vendors

Averyn may coordinate services with third-party vendors, including transportation vendors, pharmacies, meal services, housekeeping or lawn care providers, home-support and accessibility vendors, and supply or equipment vendors. Some partners may provide referral fees or administrative credits to Averyn.

Averyn's role is limited to requesting services at the direction of the Supported Person or Primary Contact. Averyn does not supervise vendors, does not evaluate vendor suitability, and does not guarantee any outcome. Averyn assumes no liability for vendor failures, delays, cancellations, errors, missed appointments, appointment cancellation fees, ride cancellation fees, or any harm or inconvenience resulting from vendor performance, Supported Person preparedness, traffic, weather, or schedule changes not communicated to Averyn.

Averyn is not responsible for identifying the lowest-cost provider and does not provide clinical endorsements.

10. Appointment Coordination and Calendar Accuracy

Averyn relies on appointment information disclosed by the Supported Person, family, providers, and portals. If appointments are rescheduled, canceled, or changed by any party other than Averyn, the Supported Person and family are solely responsible for promptly notifying Averyn via the app or by phone.

Averyn is not responsible for acting on outdated or inaccurate scheduling information and is not liable for any resulting transportation charges, missed appointments, late arrivals, appointment cancellation fees, or other consequences arising from unreported changes.

11. Supply Ordering and Rebilling

At your request, Averyn may coordinate purchases of non-prescription supplies or home-support items. Averyn does not store payment card data, does not manufacture or warrant any product, and is not liable for product performance, delivery timing, or suitability. Pass-through costs may be invoiced to the family.

12. User Responsibilities

You agree to:

13. Payments and Billing

By enrolling in a paid tier, you authorize recurring charges until you cancel. Fees are nonrefundable except where required by law. Pricing may change with notice; continued use after notice indicates acceptance of the updated pricing.

14. Intellectual Property

All content, designs, software, and materials provided through the Services are owned by Averyn or its licensors. Unauthorized reproduction, distribution, or creation of derivative works is prohibited.

15. Disclaimer of Warranties

The Services and any devices or materials provided by Averyn are offered "as is" and "as available." Averyn disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Averyn does not guarantee:

16. Limitation of Liability

Nothing in the Services shall be construed to create any duty for Averyn to supervise care, monitor adherence, detect symptoms, identify changes in condition, or escalate concerns unless explicitly disclosed to Averyn by the Supported Person or family. Averyn relies on the accuracy of information voluntarily disclosed by the Supported Person or their representatives.

To the fullest extent permitted by law:

17. Indemnification

You agree to indemnify and hold harmless Averyn and its officers, employees, contractors, and agents from any claims, damages, losses, or expenses arising from:

18. Subpoenas, Legal Process, and Cost Reimbursement

Averyn will comply with any valid subpoena, court order, warrant, or other legal request for information, records, or testimony as required by law. Averyn does not provide legal privilege, and no aspect of the Services creates any attorney–client, psychotherapist–patient, or other protected professional relationship.

Averyn is not a party to disputes among family members, caregivers, heirs, providers, or payers. If Averyn, its employees, contractors, officers, or owners are required to participate in any legal, administrative, regulatory, or investigative proceeding arising from or relating to the Services, the Supported Person, subscriber, and/or requesting party agree to reimburse Averyn for:

Averyn may require an advance deposit before responding to any subpoena or legal request. If such deposit is not provided, Averyn may seek to quash, limit, or otherwise challenge the legal process, and the costs of such challenge shall also be the responsibility of the subscriber or requesting party.

If any live testimony, deposition, or sworn statement from Averyn personnel is compelled, it shall be billed at Averyn's standard witness or expert-witness rate, as applicable, which will be communicated in advance and shall not be less than a reasonable professional hourly rate unless required by law.

19. Updates to These Terms

Averyn may modify these Terms at any time. The Effective Date will be updated, and we may provide additional notice when required by law. Your continued use of the Services after any update constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

20. Assignment

Averyn may assign or transfer these Terms to any successor or affiliated entity, including by merger, acquisition, or restructuring, without requiring further consent.

21. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules. Any disputes shall be brought in courts located within Ohio, unless otherwise required by law.

22. No Clinical Duty; No Standard of Care

Averyn does not provide healthcare, case management under a clinical standard, or any service requiring professional licensure. No interaction with Averyn creates a clinician-patient relationship, fiduciary duty, or heightened duty of care. Averyn does not operate under medical, nursing, behavioral health, or social work standards, does not guarantee adherence to professional healthcare protocols, and is not responsible for actions taken at the family's direction that may differ from typical healthcare workflows.

Averyn does not assume responsibility for detecting clinical deterioration, hidden symptoms, or undisclosed non-adherence. Averyn relies on the accuracy of information voluntarily disclosed by the Supported Person or their representatives.

23. Contact Information

Email: l e g a l [d o t] n o t i c e [ a t ] a v e r y n c a r e [d o t] c o m
Mail:
Averyn Care LLC
6505 Rockside Rd. STE 125
Independence, OH 44131