Terms & Conditions

The TenderCo Customer Application is a mobile application offered by TenderCo, Inc. (“TenderCo” or “we” or “us” or “our.”)  Individuals who have registered an account (“Customers”) can access the TenderCo Website located at tenderco.co or the TenderCo mobile application (collectively, “TenderCo Platform”) for the purpose of accessing, using, or obtaining the TenderCo caregiving services (the “TenderCo Service”) to assist Customer’s caregiving of individual receiving the caregiving provided by the Customer.

Customer access to the TenderCo Platform or use of the TenderCo Services is subject to Customer agreement with these Terms & Conditions of Use (including our Privacy Policy).  These Terms & Conditions together with our Privacy Policy constitute agreement between Customer and TenderCo regarding the use of the TenderCo Platform or TenderCo Services.

Please read this Agreement carefully before accessing or using the TenderCo Platform or TenderCo Services. By accessing or using the TenderCo Platform or Services, Customer agrees to be bound by all of the Terms & Conditions below.  Please print a copy of these Terms & Conditions of Use for reference.

Modifications to this Agreement

TenderCo may revise these Terms & Conditions of Use at any time.  Should any revisions be made, TenderCo will give notice to Customer and all users by posting a notice regarding the revisions on the TenderCo Website, and the new revisions will be effective as of their posting.  By accessing or using the TenderCo Platform or Services after such revisions are posted Customer agrees and consents to all such revisions.  

TenderCo Does Not Provide Medical Advice

TenderCo is not licensed as a medical or healthcare provider under any law or professional licensure.  TenderCo does not provide medical advice, instructions for medical diagnosis, or treatment. No physician-patient relationship is, or is intended to be, created by TenderCo Services and the TenderCo Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment.  All material provided by TenderCo or on the TenderCo Platforms are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions.  If you think you may have a medical emergency, call your doctor or 911 immediately.

Health Records & Data

Certain TenderCo or third-party content may consist of information related to the Customer’s health record maintained in Customer’s electronic health records maintained by Customer’s healthcare provider (“Patient Data”). TenderCo is not Customer’s health provider and therefore Customer acknowledges that TenderCo has no responsibility or liability for the personal health information maintained by Customer’s provider.  TenderCo does not own and has no responsibilities for Patient Data (including entry, use or dissemination).  If Customer has any questions or concerns about the Patient Data contained in their electronic health record, please contact the healthcare provider to discuss.

TenderCo Platform Access and TenderCo Account

In order to use the TenderCo Platform and Services, you will need to create an account (“Account”). You can create an Account by using your email address. You must be 18 years of age or older to create an account.  When you create an Account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You are responsible for maintaining the confidentiality of your account password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify TenderCo of any unauthorized use of your membership password or login or any other breach of security. TenderCo reserves the right without prior notice to discontinue any TenderCo Services available on the TenderCo Platform, or otherwise change specifications at any time without incurring any obligations to Customer or any other party.

Privacy Policy

Our privacy policy also governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our web pages (“Privacy Policy”). Please read it here: https://tenderco.co/privacy/

Ownership of Content

All content on the TenderCo Platform, including without limitation text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations, software, is the property of TenderCo or its affiliates, suppliers or licensors (“Content”). Customer may not copy, distribute, modify, reproduce, publish, sell, re-sell, or otherwise exploit Content, in whole or in part, except for purposes authorized or approved in writing by TenderCo. The Content, as well as the arrangement, organization, design, formatting, trade dress, trademarks, service marks, trade names and look and feel of the TenderCo Platform is the exclusive property of TenderCo or its affiliates, suppliers or licensors, and is protected by United States and international intellectual property laws.  The TenderCo Platform may contain various third-party names and marks that are the property of their respective owners. Customer may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information of TenderCo without our express written consent of TenderCo.

Customer may not use any meta tags or any other “hidden text” utilizing TenderCo’s name or trademarks without the express written consent of TenderCo. Any unauthorized use of Content or other copyrighted material, trademarks, or any other intellectual property, or the removal, alteration or obscuring of trademarks, is strictly prohibited and may be prosecuted to the fullest extent that the law provides. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of TenderCo or any third party, except as expressly provided in this section.

User Information Submitted via the Services

If Customer submits, uploads, posts or transmits any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, feedback, questions, information, files, videos, images or other materials to us or the Platform (“User Information”), all such User Information will be treated as non-confidential (unless otherwise provided in the TenderCo Privacy Policy). Customer represents and warrants to TenderCo that they have the legal right and authorization to provide all User Information to TenderCo for use as set forth herein and required by TenderCo. 

Customer hereby grants TenderCo a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, disclose, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display User Information (in whole or in part).

If Customer submits, uploads, posts or transmits any User Information, they agree not to provide any User Information that is false, inaccurate, defamatory, libelous, or misleading; is abusive, threatening, or harassing; is sexually explicit, pornographic, obscene, indecent or promotes a sexual service; is unlawful; contains hateful or discriminatory speech; promotes or supports terror or hate groups; provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms; exploits or endangers minors or adults; depicts or encourages self-harm or suicide; depicts unlawful real-world acts of extreme violence, vivid, realistic or particularly graphic acts of violence and brutality, sexualized violence, including rape, torture, abuse, and humiliation, or animal cruelty or extreme violence toward animals; promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices; contains advertising or any solicitation without TenderCo’s express prior approval; conveys false or misleading claims about vaccination safety, or health-related information that has a serious potential to cause individual or public harm; contains claims that a real-world tragedy did not occur, false claims that a violent crime or catastrophe has occurred, or false and misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; is harmful, or that could encourage criminal or unethical behavior; violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or; contains or transmits a virus or any other harmful component.

Customer agrees not to contact other TenderCo Customers through unsolicited e-mail, telephone calls, mailings or any other method of communication. The use of any content for commercial purposes is expressly prohibited.

Prohibited Uses Policy

Customer agrees not to (and to not allow any third party to):

(a) use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the Content or materials of the TenderCo Platform;

(b) rent or sell use of or access to the TenderCo Platform or Services;

(c) permit third parties to access or use the TenderCo Platform or Services or any Content contained thereof except as set forth in this Agreement, unless otherwise expressly agreed to in writing by TenderCo; (d) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the TenderCo Platform or infrastructure;

(e) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;

(f) use the TenderCo Platform or Services in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion;

(g) reproduce, distribute, publicly display, or publicly perform the TenderCo Platform or Services;

(h) modify the TenderCo Platform or Services;

(i) interfere with or circumvent any feature of the TenderCo Platform or Services, including any security or access control mechanism;

(j) attempt, in any manner, to obtain the username, password, account or other security information from any other user of the TenderCo Platform or Services;

(k) violate the security of any computer network or crack any passwords or security encryption codes; or

(l) post or transmit any file or email which contains viruses, worms, Trojan horses, or any other damaging or destructive elements. 

Customer agrees to use the TenderCo Platform and Services for lawful purposes only. 

Customer agrees not to engage in spamming, including mass distribution of the same or similar content or content containing links intended to sell the user any products or services. Customer agrees not to engage in inauthentic behavior, including creating fake accounts, liking or commenting on your own content using another account, and purchasing likes or comments from third parties.

Any conduct by Customer that, in TenderCo’s discretion, restricts or inhibits any other person from using or enjoying the TenderCo Platform or Services will not be permitted. Customer understands and agrees that TenderCo may terminate or otherwise deny Customer’s use of or access to the TenderCo Platform or Service without notice in the event TenderCo believes that (a) Customer has violated a provision of this Agreement, (b) Customer has used or misused the TenderCo Platform in a manner that TenderCo has determined is unlawful, unethical or otherwise inappropriate, or (c) such action is reasonably necessary to protect a third party or TenderCo or if such action is otherwise required by law.

Claims of Copyright Infringement

TenderCo respects the intellectual property rights of others and expects its users to do the same. We disclaim any responsibility or liability for copyrighted materials posted on the Platform. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to TenderCo's designated copyright agent, identified below. If Customer believes that any information on the Platform has been copied in a manner that constitutes copyright infringement, or if Customer is a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by sending us a notice ("Notice") complying with the following requirements.

• Identify the copyrighted works claimed to have been infringed.

• Identify the material or link that is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.

• Provide the Customer mailing address, telephone number, and, if available, email address.

• Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)” and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

• Provide the Customer full legal name and your electronic or physical signature.

• Deliver this Notice, with all items completed, to TenderCo's designated copyright agent by email to: support@tenderco.co.

Termination of TenderCo Account

You agree that TenderCo may, with or without cause, immediately terminate your TenderCo account without prior notice. Without limiting the foregoing, the following may lead to a termination by TenderCo of your account (a) if you violate the Prohibited Uses Policy or violate these Terms & Conditions, (b) requests by law enforcement or other government agencies, (c) extended period of inactivity (defined as Customer not logging into your account for over six months and (d) non-payment (organizational customers only). All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Third-Party Websites

The TenderCo Platform may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third parties, such as physician or third parties that may offer services to Customer. These third parties are separate and independent entities and are not agents of TenderCo. TenderCo does not have control over such third-party websites or the content of such websites. As a result, TenderCo is not responsible for the information, misinformation, errors, availability, operation or performance of any such third-party website to which the TenderCo Platform may link or from which the TenderCo Platform may be accessed.

Text Messaging

TenderCo, Inc. offers access to services and messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. By voluntarily providing a mobile phone number to TenderCo, you agree that (i) TenderCo may contact you at that number by SMS or MMS messages (which may be automated) to send you information that we think may be of interest to you; and (ii) these terms and conditions apply to those communications upon your enrollment. 

Such messages may include information about TenderCo’s services or products or relate to your activity with and use of TenderCo services. This may include information about calendars and scheduling, financial information, medical information updates, medicine prescriptions, legal materials, resources of potential interest,  offers and general information about TenderCo’s services, including upgrading your TenderCo’s services or adding additional TenderCo services.

You may be asked to verify your mobile phone number before we start this service. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this service. By providing your mobile number, you acknowledge and agree that (i) text messages are not always a secure form of communication; and (ii) your consent to receive text messages is not a condition of your obtaining services from Tender.

You hereby consent to receive such communications for transactional, operational, or informational purposes, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from TenderCo. You agree to indemnify and hold TenderCo harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about TenderCo’s services. TenderCo does not impose a separate charge for text alerts; however, your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.

The TenderCo text messages are offered on an "as is" basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. TenderCo may change or discontinue any of its text messaging programs without notice to you. TenderCo and any of its related companies and each of their respective officers, directors, and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any TenderCo text alert program or from technical failures or delays of any kind. TenderCo reserves the right to cease delivery of text alerts to any person at any time in its sole discretion. Carriers are not liable for delayed or undelivered messages.

If you change or deactivate a phone number you provided to TenderCo, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive TenderCo’s standard SMS messages unless you also unsubscribe via the above procedures.

You may opt out of TenderCo text messages at any time. To stop receiving TenderCo text messages, text STOP to any message sent from TenderCo. For questions about TenderCo text messages, text the word HELP to any message sent from TenderCo.

No Endorsements

Reference to any pharmacy, physician, product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by TenderCo. Any views expressed by third parties on the TenderCo Platform or Services are solely the views of such third party and TenderCo assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Warranty Disclaimer

The TenderCo Platform and Services and all Content, information, and related materials it contains are provided "AS IS."  TenderCo makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of the TenderCo Platform, Services, Content, information, and materials it contains. 

To the fullest extent permissible under applicable law, TenderCo, and its respective affiliates, specifically disclaim all warranties, express or implied, with respect to the TenderCo Platform, Services, Content, information, and materials contained on or available through the TenderCo Platform or Service, including without limitation the warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties arising from a course of dealing or usage in trade. Use of the internet is inherently unreliable.

As a result, TenderCo does not warrant that the TenderCo Platform or Customer access thereof will be uninterrupted or error-free, that defects in the TenderCo Platform will be corrected, or that the TenderCo Platform is free of viruses or other harmful components.

TenderCo does not warrant or make any representations regarding the use or the results of the use of or access to the materials contained on the TenderCo Platform in terms of their correctness, accuracy, reliability, or otherwise. 

TenderCo and its affiliates are not responsible for any virus or damage to Customer’s computer, computer software, or any loss of data that may result from use of the TenderCo Platform or Service. The TenderCo Platform may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. TenderCo cannot predict or control when such downtime may occur and cannot control the duration of such downtime. TenderCo is not responsible for any such failures. 

No advice or information from TenderCo in any manner will create any warranty as to the TenderCo Platform or  Service. If for any reason Customer is not satisfied with the TenderCo Platform or Services, Customer’s sole remedy is to cease using or accessing the TenderCo Platform or Service.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TENDERCO OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE TENDERCO PLATFORM OR SERVICES OR CUSTOMER’S USE OF ACCESS TO THEREOF, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TENDERCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE CUSTOMER’S ACCESS TO AND USE OF THE TENDERCO PLATFORM OR SERVICES.  NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE AGGREGATE LIABILITY OF TENDERCO AND ITS AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

Indemnification

Customer agrees to defend, indemnify and hold harmless TenderCo and its respective vendors, affiliates and their officers, directors, representatives, employees, consultants, and agents from and against any claims, allegations, damages, losses, liabilities or expenses (including, but not limited to attorneys' fees) that such party may suffer or incur as a result of (a) Customer’s use or misuse of the TenderCo Platform or Services, (b) Customer’s infringement of any intellectual property or other right of TenderCo, or any other person or entity, (c) Customer’s violation of any applicable law, including without limitation any privacy or data security law or regulation, (d) Customer’s violation of this agreement, or (e) entry, use or dissemination of Patient Data Notwithstanding the foregoing, TenderCo reserves the right to participate in the defense of any such claim, subject to Customer’s indemnification obligation.

Disputes and Interpretation

This Agreement is governed by and interpreted under the laws of the State of New York and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the TenderCo  Platform and performance of the TenderCo Services will be deemed to have been performed and occurred in the State of New York.  

Please read this “Arbitration and Class Action/Jury Trial Waiver” section carefully. It is an integral part of these Terms & Conditions and affects Customer’s rights with respect to dispute resolution and the remedies Customer may have. It also contains a class action waiver. 

For any dispute Customer may have with TenderCo, Customer agrees to first contact TenderCo at support@tenderco.co and to work with us in good faith to resolve the dispute informally. In the event TenderCo is not able to resolve Customer’s dispute within sixty (60) calendar days after Customer brought it to our attention, Customer and TenderCo mutually agree to resolve any claim, dispute, or controversy (excluding claims that qualify for small claims court and claims for equitable relief, as provided below) arising out of or in connection with these Terms & Conditions or Customer’s access or use of the TenderCo Platform or Services (collectively, “Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. Information about JAMS, including contact information, can be found at www.jamsadr.com.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Claims relating to the interpretation, applicability, enforceability or formation of the Arbitration Section in these Terms & Conditions, including but not limited to any claim that all or any part of this Arbitration Section is void or voidable. The judgment of the arbitrator and the award of the arbitrator is final and binding on Customer and TenderCo. The arbitration will be conducted in New York, New York, unless Customer and TenderCo agree otherwise. JAMS may require Customer to pay a fee for the initiation of Customer’s case, unless Customer applies for and obtain a fee waiver from JAMS. The award rendered by the arbitrator may include Customer’s costs of arbitration, Customer’s reasonable attorney’s fees, and Customer’s reasonable costs for expert and other witnesses. All Claims must be brought in Customer’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims.

Customer agrees that, by agreeing to these Terms of Service, Customer and TenderCo are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Nothing in this Arbitration Section will be deemed as preventing Customer and TenderCo from seeking equitable relief from the courts as necessary and applicable, nor for adjudicating a Claim in small claims court if that Claim qualifies so long as the Claim remains in such court and advanced only on an individual basis, not a class or representative basis. 

The courts of the State of New York will have exclusive jurisdiction to entertain any such request for equitable relief.  Customer hereby irrevocably submit to the exclusive jurisdiction and venue of the stated and federal courts with jurisdiction over the County of New York, New York, as applicable, and waive any objections as to personal jurisdiction, venue and forum nonconveniens. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Except as otherwise prohibited by applicable law, any cause of action or claim with respect to the TenderCo Platform or Services must be commenced within one (1) year after the action or claim arises.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

This Agreement, along with our Privacy Policy, are the sole terms governing Customer’s use and access of the TenderCo Platform and supersedes all other agreements regarding use of or access to the TenderCo Platform or Services. Any waiver of any portion of this Agreement will be effective only if in writing and signed by TenderCo.

Contact Us

For any questions about the Terms & Conditions of Use, please contact us at: support@tenderco.co.