Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Mitali Safety Alert System ("Service"), operated by Mitali ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is a business-to-business (B2B) platform designed exclusively for licensed memory care facilities, nursing homes, and authorized healthcare organizations. It is not intended for individual consumer use.

2. Service Description

Mitali provides an AI-powered companion platform for patients with Alzheimer's disease and related dementias in memory care facilities. As part of this platform, the Mitali Safety Alert System delivers automated transactional SMS messages to designated clinical staff when the AI detects patient safety events during sessions. These alerts are strictly informational and are intended to prompt timely staff intervention.

The Service includes:

• Critical safety event alerts when the AI detects urgent patient distress
• Tier 2 escalation alerts when multiple safety events occur in a single session
• Comfort mode alerts when the AI suspends its session template due to sustained patient distress

The Service does not provide medical advice, diagnosis, or treatment. It is a support tool designed to assist clinical staff in monitoring patient interactions.

3. Eligibility

The Service is available only to authorized administrators and clinical staff of licensed memory care facilities that have entered into a service agreement with Mitali. By using the Service, you represent that:

• You are an authorized representative of a licensed memory care facility
• You have the authority to configure SMS alert recipients on behalf of your facility
• All designated SMS recipients have been informed of and consent to receiving safety alert messages
• You are at least 18 years of age

4. SMS Messaging Terms

By configuring the Mitali Safety Alert System, the facility administrator acknowledges and agrees to the following:

• Program Name: Mitali Safety Alert System
• Message Content: All SMS messages are strictly transactional safety alerts. No promotional, marketing, or advertising content will ever be sent.
• Message Frequency: Up to 3 messages per patient session. Actual frequency depends on the occurrence of patient safety events.
• Opt-Out: Recipients may reply STOP to any message at any time to immediately cease receiving SMS alerts. Reply HELP for assistance.
• Message and Data Rates: Standard message and data rates from your wireless carrier may apply.
• Carriers Supported: Compatible with all major US wireless carriers. Carriers are not liable for delayed or undelivered messages.

For customer support regarding SMS alerts, contact us at support@mitali.ai or call +1 (833) 400-3596.

5. User Responsibilities

You agree to:

• Provide accurate and current information when configuring the Service
• Ensure all designated SMS recipients have provided informed consent
• Maintain the confidentiality of your account credentials
• Use the Service only for its intended purpose of patient safety monitoring
• Comply with all applicable federal, state, and local laws, including HIPAA
• Not use the Service to transmit any content that is unlawful, harmful, or objectionable

6. HIPAA Compliance

Mitali is designed with HIPAA compliance as a core requirement. We maintain appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of protected health information (PHI). Facilities using the Service must execute a Business Associate Agreement (BAA) with Mitali prior to transmitting any PHI through the platform.

SMS safety alerts are designed to minimize PHI exposure. Alert messages contain de-identified event metadata and do not include patient names, medical records, or verbatim patient communications.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Mitali does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• SMS messages will be delivered without delay by wireless carriers
• The AI safety detection will identify all safety events
• The Service will meet your specific requirements

The Service is a supplementary monitoring tool and does not replace professional clinical judgment, direct patient observation, or established care protocols.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MITALI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL MITALI'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOUR FACILITY TO MITALI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Mitali and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" at the top of this page and, where appropriate, notifying facility administrators via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, upon notice to the facility administrator. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Allegheny County, Pennsylvania.

13. Contact Information

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

• Email: support@mitali.ai
• Phone: +1 (833) 400-3596
• Website: https://mitali.ai