Fairnest Terms of Service
Fairnest is a family caregiving coordination app published by Bizvizor LLC (“Fairnest,” “we,” “us”). These terms govern your use of the Fairnest mobile app and any related services we operate.
This page mirrors the Terms of Service shown inside the app, under More → Terms of Service.
1. Acceptance of Terms
These Terms of Service (the “Terms”) are a binding agreement between you and Bizvizor LLC (“Bizvizor,” “we,” “us,” or “our”), the company that provides the FairNest mobile application and related services (together, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.
2. Description of the Service
FairNest is an organizational tool that helps families and other caregivers coordinate care for a loved one. It lets the members of a private “care circle” share and track tasks, schedules, expenses, notes, and uploaded documents. FairNest does not provide medical, nursing, legal, tax, financial, or other professional services, and it does not monitor care, dispatch help, or respond to emergencies. The Service is offered on an ongoing basis, and we may add, change, suspend, or remove features at any time. We may also impose or adjust limits on storage, uploads, care circle size, or other usage.
3. Eligibility and User Accounts
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for users in the United States, and we make no representation that it is appropriate or available elsewhere. You agree to provide accurate account information and to keep it current. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, and you agree to notify us promptly at support@bizvizorllc.com if you suspect unauthorized use. You may sign in using a third-party identity provider (such as Apple or Google); your use of that provider remains subject to its own terms.
4. Care Circles and Shared Content
You retain ownership of the content you submit to the Service. You grant Bizvizor a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that content solely to operate, secure, and support the Service. When you add content to a care circle, other members of that circle can view it, and depending on their role may edit, export, or delete it. You are responsible for deciding whom to invite and for the content you share. Only share information about another person — including a care recipient — if you have that person’s consent or the legal authority to do so, and only share what is necessary. We do not control how other members use content you share with them.
5. Subscription and Billing
FairNest offers a free tier with limited functionality and an optional paid subscription, FairNest Pro, available as a monthly or annual plan. Current prices, billing periods, and any free trial or introductory offer are disclosed at the point of purchase and may change on a prospective basis. Subscriptions are sold and billed through the Apple App Store or Google Play, not directly by Bizvizor. Payment is charged to your app store account at confirmation of purchase, and your subscription renews automatically for successive periods unless you cancel at least 24 hours before the end of the current period; your account is charged for renewal within 24 hours prior to the end of that period. You can manage or cancel your subscription in your app store account settings. Uninstalling the app does not cancel a subscription. Except where required by law or by the applicable app store’s policy, payments are non-refundable and refund requests must be directed to the app store that processed the purchase; if you cancel, you keep Pro access through the end of the paid period. Any unused portion of a free trial is forfeited when you purchase a subscription. If your subscription lapses, your account reverts to the free tier and free-tier limits apply.
6. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with these Terms. You may not: upload content that is unlawful, infringing, defamatory, or that you lack the right to share; access an account, care circle, or data you are not authorized to view; use the Service to harass, stalk, surveil, or exert improper control over another person; reverse engineer, decompile, scrape, or attempt to derive source code from the Service; interfere with, overload, or circumvent any security, rate-limiting, or access control; resell, sublicense, or provide the Service to third parties outside your care circle; or use the Service to develop a competing product. We may investigate suspected violations and take action we consider appropriate, including removing content and suspending accounts.
7. Health Information Disclaimer
FairNest may be used to record health-adjacent information such as care tasks, appointments, medication reminders, expenses, and uploaded documents. Bizvizor is not a healthcare provider, health plan, or healthcare clearinghouse, and is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act (HIPAA). Information you enter into FairNest is generally not protected health information under HIPAA, and HIPAA protections do not apply to it. We handle your information as described in our Privacy Policy. The Service is not a medical device and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition. Nothing in the Service is medical, legal, financial, or other professional advice, and it is not a substitute for the judgment of a qualified professional. Never disregard or delay professional advice because of something you read in FairNest. The Service is not designed for emergencies and must not be relied on for urgent or time-critical care — in an emergency, call 911 or your local emergency number. You are responsible for verifying the accuracy of any care, medication, or scheduling information before acting on it.
8. Third-Party Services
The Service relies on third-party providers for functions such as authentication, cloud hosting, data storage, analytics, and subscription processing, and may link to or interoperate with third-party products. We are not responsible for third-party services or content, and your use of them is governed by their own terms and privacy practices.
9. Intellectual Property
The Service, including its software, design, text, graphics, and the FairNest name and logo, is owned by Bizvizor LLC and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own care coordination purposes. No other rights are granted. If you send us feedback or suggestions, you grant us an unrestricted right to use them without obligation to you.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BIZVIZOR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, error-free, or that data will not be lost, or that reminders and notifications will always be delivered on time. You are responsible for maintaining your own copies of information that matters to you. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BIZVIZOR LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you; nothing here limits liability that cannot be limited by law.
12. Indemnification
You agree to indemnify and hold harmless Bizvizor LLC and its officers, members, employees, and agents from any claims, damages, liabilities, and reasonable legal fees arising out of your content, your use of the Service, your violation of these Terms, or your violation of the rights of another person — including any claim that you shared another person’s information without authority.
13. Termination
You may stop using the Service and delete your account at any time from within the app; deleting your account does not automatically cancel a subscription billed by an app store, which you must cancel separately. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably believe your use creates risk or legal exposure for us or other users, or if we discontinue the Service. On termination, your license to use the Service ends and we may delete your content in accordance with our Privacy Policy and applicable law; content you shared into a care circle may remain accessible to other members of that circle. Sections that by their nature should survive — including Sections 4, 7, 9, 10, 11, 12, 14, and 15 — survive termination.
14. Governing Law and Disputes
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and Bizvizor agree to the exclusive jurisdiction and venue of the state and federal courts located in California for all disputes, and each party waives any objection to that venue — except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this section prevents you from bringing a qualifying claim in small claims court. Before filing a claim, you agree to contact us at support@bizvizorllc.com and attempt to resolve the dispute informally for at least 30 days.
15. Apple and Google App Store Terms
If you obtained the app from the Apple App Store, you acknowledge that these Terms are between you and Bizvizor only, not Apple, and that Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Bizvizor, not Apple, is responsible for addressing any claims relating to the app, including product liability, legal or regulatory conformity, and intellectual property infringement claims. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Similar terms apply to Google LLC for copies obtained from Google Play.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide notice in the app or by email before the changes take effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and cancel any subscription.
17. General
These Terms, together with the Privacy Policy, are the entire agreement between you and Bizvizor regarding the Service and supersede any prior agreements. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Bizvizor.
18. Contact Us
Bizvizor LLC — questions about these Terms can be sent to support@bizvizorllc.com.