CareNgen Terms and Conditions of Use

Last Updated: May 14, 2026

1. Acceptance of Terms

By accessing or using the CareNgen website, platform, or any related services (collectively, the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you are accessing the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

CareNgen LLC (“CareNgen,” “we,” “us,” or “our”) provides an eldercare navigation and decision support platform designed to assist employees and their families in navigating aging care decisions, and to provide employers with workforce benefits program support tools. The specific features and functionality available to any user depend on the subscription or access tier associated with their account or their employer’s agreement with CareNgen.

3. Eligibility

The Services are intended for use by individuals who are 18 years of age or older. By using the Services, you represent and warrant that you meet this requirement. The Services are designed for use within the United States. CareNgen makes no representation that the Services are appropriate or available for use outside the United States.

4. Accounts and Access

4.1 Access to the platform is provided either directly through an individual account or through an employer-sponsored account established pursuant to a separate agreement between CareNgen and your employer.

4.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify CareNgen immediately of any unauthorized use of your account.

4.3 CareNgen reserves the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice where practicable.

5. Permitted Use

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

  • Use the Services in any way that violates applicable federal, state, or local law or regulation
  • Reproduce, duplicate, copy, sell, or exploit any portion of the Services without express written permission from CareNgen
  • Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
  • Use automated means, including scrapers, bots, or crawlers, to access or collect data from the Services
  • Upload or transmit any content that is unlawful, harmful, defamatory, or infringes on the intellectual property rights of any third party
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein

6. Intellectual Property

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, platform architecture, software, and data compilations — are the exclusive property of CareNgen LLC or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services beyond the limited license to use them as provided herein.

7. Nature of Content — Not Professional Advice

The content and guidance provided through the Services is intended for general informational and navigational purposes only. It does not constitute and should not be relied upon as legal, medical, financial, or clinical advice. CareNgen is not a licensed healthcare provider, legal counsel, or financial advisor.

Important limitations regarding automated guidance: Portions of the care guidance, recommendations, and decision-support content generated through the Services are produced by automated systems using the information you provide. These outputs have not been independently reviewed by a licensed healthcare professional, attorney, or financial advisor. They are based solely on the information you enter, which CareNgen is unable to independently verify. You should not delay seeking professional care, legal advice, or financial guidance based on information provided through the Services. All automated outputs are intended to assist your own research and decision-making, not to replace professional consultation.

CareNgen makes no representations or warranties regarding the accuracy, completeness, or suitability of any information provided through the Services for any particular purpose. Users should consult qualified professionals for advice specific to their individual circumstances.

8. Third-Party Providers and Links

The Services may surface information about or connections to third-party care providers, services, or resources. CareNgen does not endorse, guarantee, or assume responsibility for any third-party provider or service. Any engagement with a third-party provider is solely between you and that provider. The Services may also contain links to third-party websites. CareNgen has no control over and assumes no responsibility for the content, privacy practices, or availability of those sites.

9. Privacy

Your use of the Services is subject to CareNgen’s Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand our practices regarding the collection, use, and protection of your information.

10. Confidentiality of Employee Data

CareNgen maintains a strict operational and technical separation between individual employee usage data and any reporting or analytics made available to employer accounts. Individually identifiable employee caregiving information is not shared with employers under any circumstances. Employer-facing reporting is limited to aggregated, anonymized workforce-level data, as described in detail in CareNgen’s Privacy Policy (Section 5), which is incorporated into these Terms by reference.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CARENGEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARENGEN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR GUIDANCE PROVIDED THROUGH THE SERVICES, INCLUDING ANY AUTOMATED CARE RECOMMENDATIONS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARENGEN LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF CARENGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CARENGEN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU AND/OR YOUR EMPLOYER ON YOUR BEHALF TO CARENGEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION APPLIES WHETHER THE CLAIM ARISES IN CONTRACT, TORT, STATUTE, OR OTHERWISE.

13. Indemnification

You agree to indemnify, defend, and hold harmless CareNgen LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another party.

14. Digital Millennium Copyright Act

CareNgen respects intellectual property rights and expects users to do the same. If you believe that material available on or through the Services infringes your copyright, you may submit a written notice to our designated DMCA agent at:

DMCA Agent — CareNgen LLC
2556 Delaware Avenue, Buffalo, NY 14216
[email protected]

Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material on the Services claimed to be infringing; (4) contact information sufficient for CareNgen to reach you; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement under penalty of perjury that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner.

CareNgen will respond to valid DMCA notices in accordance with applicable law. Repeat infringers may have their access to the Services terminated.

15. Accessibility

CareNgen is committed to making the Services accessible to users with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). We work to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

If you encounter accessibility barriers when using the Services, or if you require content in an accessible format, please contact us at [email protected]. We will work to provide a reasonable accommodation and address any accessibility issues you identify.

16. Modifications to the Services and Terms

CareNgen reserves the right to modify, suspend, or discontinue the Services or any portion thereof at any time with reasonable notice. CareNgen also reserves the right to update these Terms at any time. The date of the most recent revision will be reflected in the “Last Updated” notice at the top of this document. Your continued use of the Services following notice of a modification constitutes your acceptance of the updated Terms.

17. Force Majeure

CareNgen shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond CareNgen’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, public health emergencies, cyberattacks or distributed denial-of-service attacks against CareNgen or its infrastructure providers, telecommunications or internet failures, labor disputes, power outages, or acts of government or regulatory authorities. CareNgen will use commercially reasonable efforts to restore affected Services and will provide reasonable notice to affected users of material service disruptions.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without CareNgen’s prior written consent. CareNgen may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, change of control, or sale of all or substantially all of CareNgen’s assets, provided that the successor entity assumes all obligations under these Terms and CareNgen’s Privacy Policy. Any purported assignment in violation of this section is null and void.

19. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact CareNgen at [email protected] and provide a written description of your dispute. The parties agree to attempt good-faith negotiation for a period of 30 days before proceeding to arbitration.

Binding Arbitration: If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Buffalo, New York, in accordance with the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

CLASS ACTION WAIVER — PLEASE READ CAREFULLY: YOU AND CARENGEN 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND CARENGEN EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

ARBITRATION OPT-OUT RIGHT — PLEASE READ CAREFULLY: YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY SENDING WRITTEN NOTICE TO [email protected] WITHIN 30 DAYS OF FIRST CREATING YOUR CARENGEN ACCOUNT. YOUR NOTICE MUST INCLUDE YOUR NAME, EMAIL ADDRESS, AND A CLEAR STATEMENT THAT YOU ARE OPTING OUT OF THE ARBITRATION AGREEMENT. IF YOU OPT OUT, ANY DISPUTES SHALL BE RESOLVED IN A COURT OF COMPETENT JURISDICTION IN BUFFALO, NEW YORK. OPTING OUT DOES NOT AFFECT YOUR RIGHT TO USE THE SERVICES.

20. Limitation on Time to File Claims

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after the claim or cause of action arose. Claims not filed within this period are permanently barred. Some states do not permit contractual shortening of limitation periods; if you reside in such a state, the applicable statutory limitation period will govern.

21. Non-Waiver

CareNgen’s failure to enforce any right or provision of these Terms in a specific instance shall not constitute a waiver of that right or provision. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of CareNgen. A waiver of any provision in a particular instance shall not be construed as a waiver of that provision in any other instance or context.

22. Export Controls

The Services and any related software or technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo or identified on any U.S. government list of prohibited or restricted parties. You agree not to use or transfer the Services in violation of applicable U.S. export control laws and regulations.

23. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. If the class action waiver in Section 19 is found unenforceable as to a particular claim, the arbitration agreement shall not apply to that claim and it shall be resolved in a court of competent jurisdiction.

24. Entire Agreement

These Terms, together with the Privacy Policy and any applicable employer subscription agreement, constitute the entire agreement between you and CareNgen with respect to your use of the Services and supersede all prior agreements, representations, and understandings. In the event of any conflict between these Terms and an employer subscription agreement, the employer subscription agreement shall govern with respect to that employer’s access to CareNgen’s reporting and administrative tools; these Terms shall govern with respect to individual users’ use of the Services.

25. Contact

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

CareNgen LLC
2556 Delaware Avenue
Buffalo, NY 14216
[email protected]