Terms Of Use

Effective Date: April 20, 2026 Last Updated: April 20, 2026

These Terms of Use ("Terms") govern your access to and use of the Care to Cure mobile application ("App"), operated by The Thomas E. Smith Foundation ("TESF," "we," "us," or "our"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.  The App is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON BELOW, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP OR, TO THE EXTENT YOU HAVE ALREADY INSTALLED IT, DELETE IT FROM YOUR MOBILE DEVICE.

1. About the App

Care to Cure is an informational resource hub designed to connect individuals affected by spinal cord injury (SCI) and paralysis — including patients, caregivers, family members, and healthcare professionals — with relevant resources, information, and AI-powered support. The App is provided by The Thomas E. Smith Foundation, a 501(c)(3) public charity (EIN 99-3994958).

2. Eligibility

You must be at least 13 years of age to create an account and use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have the consent of a parent or legal guardian to use the App.

3. Account Registration

To access certain features of the App, you must create an account by providing your name and email address. You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activity that occurs under your account.
  • Notifying us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the App in any way that violates applicable local, state, national, or international law.
  • Attempt to gain unauthorized access to the App, other accounts, or any related systems or networks.
  • Copy the App, except as expressly permitted by these Terms.
  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App.
  • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App;
  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any feature or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.
  • Frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service;
  • Transmit any material that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  • Use the App to distribute spam, malware, or any unsolicited communications.
  • Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the App or any aspect of the App.
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App;
  • Remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof.
  • Use the App for any commercial purpose without our prior written consent.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

5. AI-Powered Chat Feature

The App includes an AI-powered chat feature designed to provide general informational support related to spinal cord injury and paralysis.

Important Disclaimers:

  • Not Medical Advice. The AI chat feature does not provide medical advice, diagnosis, or treatment. The information provided through the chat is for general informational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
  • Not a Crisis Service. The App is not a crisis hotline or emergency service. If you are experiencing a medical emergency, call 911 or your local emergency services immediately.
  • No Guarantee of Accuracy. While we strive to provide helpful and accurate information, AI-generated responses may contain errors or inaccuracies. We do not guarantee the completeness, reliability, or accuracy of any information provided through the chat feature.
  • Chat Data. Chat messages are processed and stored on our servers to provide the service. See our Privacy Policy for details on how chat data is handled.

6. Intellectual Property

All content, features, and functionality of the App — including but not limited to text, graphics, logos, icons, images, software, and the overall design — are the property of TESF or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for personal, non-commercial purposes strictly in accordance with these Terms and the App’s documentation. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the App without our prior written consent.

The TESF name, logo, "Care to Cure" name, and all related names, logos, and trade dress are trademarks of The Thomas E. Smith Foundation. You may not use these marks without our prior written permission.

7. Third-Party Content and Links

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that TESF is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TESF does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

8. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TESF, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. 

WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT IT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE APP AND THE INFORMATION SHARED VIA THE APP DO NOT CONSTITUTE MEDICAL ADVICE AND ARE PROVIDED FOR INFORMATION PURPOSES ONLY. YOU AGREE THAT YOU SHALL NOT TO RELY UPON THE APP OR ANY INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE APP WITHOUT VALIDATING THE ACCURACY SUCH INFORMATION INDEPENDENTLY. YOU EXPRESSLY AGREE THAT TOUR USE OF THE APP IS AT ITS SOLE RISK. THE APP IS NOT INTENDED, AND YOU AGREE NOT TO RELY ON THE APP OR ANY INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE APP AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, VERBAL COUNSELING, PHYSICAL DEMONSTRATION OF AN ADMINISTRATION TECHNIQUE, OR JUDGMENT OF PHYSICIANS OR OTHER HEALTHCARE PROFESSIONALS.

FURTHERMORE, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED THROUGH THE APP, INCLUDING AI-GENERATED CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TESF, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP EXCEED THE AMOUNT YOU PAID TO US (IF ANY) FOR ACCESS TO THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless TESF, its directors, officers, employees, agents, and affiliates from and against any and all claims, actions, judgments, settlements, damages, losses, liabilities, costs, interest, awards, penalties, and expenses (including reasonable attorneys' fees) of whatever kind arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms, including but not limited to the content you submit or make available through the App; or (c) your violation of any rights of another party.

11. Account Termination

The term of of your agreement with TESF concerning your use of the App commences when you acknowledge your acceptance of these Terms and will continue in effect until terminated by you or TESF as set forth in this Section 11.  You may delete your account at any time from within the App. Upon deletion, your account and all associated data will be immediately and permanently removed.

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease.  In addition, this agreement will terminate immediately and automatically without any notice if you violate any of the terms.

Upon termination, all rights granted to you under these Terms will terminate; and you must cease all use of the App and delete all copies of the App from your mobile device and account.  Termination will not limit any of TESF’s rights or remedies at law or in equity.

12. Modifications to the App and Terms

We reserve the right to modify, suspend, or discontinue the App (or any part of it) at any time, with or without notice and such updates may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that TESF has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:

  1. the App will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App and updating the "Last Updated" date above. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.


13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its rules, conducted in Boston, Massachusetts. The arbitrator's decision shall be final and binding.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TESF regarding the App and supersede all prior agreements or understandings, whether written or oral.

16. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.

17. Contact Us

If you have questions about these Terms, contact us at:

The Thomas E. Smith Foundation [INSERT MAILING ADDRESS] [INSERT CONTACT EMAIL] [INSERT PHONE NUMBER] Website: www.thomasesmithfoundation.org