Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Quiet Cards, a service operated by TOT Solutions, LLC, a Tennessee limited liability company (“Quiet Cards,” “TOT Solutions,” “we,” “us,” or “our”).

Please read these Terms carefully before creating an account or using Quiet Cards.

By creating a Quiet Cards account, checking the box indicating your agreement, or otherwise using the service, you agree to be bound by these Terms and acknowledge our Privacy Policy.

If you do not agree to these Terms, do not create an account or use Quiet Cards.

Quiet Cards is a caregiver communication tool designed to help users create simple communication cards that can be shown, printed, or otherwise used to communicate information about a person they care for.

Quiet Cards may include features that allow users to:

•create profiles for Loved Ones;

•save communication preferences and other information about a Loved One;

•use artificial intelligence to help draft communication-card wording;

•manually create card wording;

•customize card appearance;

•organize cards and stacks;

•print or otherwise use completed cards; and

•store certain information for the user's reference.

Features may change, be added, or be discontinued over time.

You must be at least 18 years old to create or use a Quiet Cards account.

By creating an account, you represent that:

•you are at least 18 years old;

•you have the legal capacity to enter into these Terms; and

•the information you provide about yourself is accurate to the best of your knowledge.

Quiet Cards is not intended for account holders under 18.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You agree to provide accurate account information and to keep your account information reasonably current.

You may not:

•share account credentials in a manner intended to circumvent payment or access restrictions;

•allow another person to impersonate you through your account;

•attempt to gain unauthorized access to another user's account; or

•use automated or other methods to interfere with Quiet Cards' authentication or security systems.

You are responsible for securing devices through which you access Quiet Cards.

Quiet Cards allows you to create profiles containing information about people you care for (“Loved Ones”).

This information may include personal information, photographs, health-related information, communication preferences, behaviors, sensitivities, and other information you choose to provide.

By entering information about another person, you represent and warrant that you have the right, permission, authority, or other appropriate basis to provide and use that information through Quiet Cards.

You agree not to use Quiet Cards to collect, store, disclose, or distribute information about another person unlawfully.

You are responsible for deciding what information is appropriate to enter. We encourage you to provide only information reasonably necessary for your use of Quiet Cards.

Creating a Loved One profile or card does not establish, verify, or represent that you are that person's legal guardian, healthcare proxy, power of attorney, medical decision-maker, authorized representative, or other legal representative. Quiet Cards does not verify or confer legal authority over another person.

Our collection and processing of information is further described in our Privacy Policy.

Quiet Cards uses artificial intelligence to assist with drafting communication-card wording.

AI-generated content is provided as a drafting tool only.

Artificial intelligence can produce inaccurate, incomplete, inappropriate, misleading, or unexpected results.

You are responsible for reviewing every AI-generated card before using, displaying, printing, sharing, or relying upon it.

You should edit or reject generated content that is inaccurate or inappropriate for your Loved One or situation.

Quiet Cards does not guarantee that AI-generated wording will:

•accurately describe a person;

•be appropriate for every situation;

•produce a desired response from another person;

•prevent misunderstanding;

•prevent behavioral escalation;

•prevent injury or harm; or

•be free from mistakes.

Information sent for AI processing is handled as described in our Privacy Policy.

Quiet Cards is a communication tool, not a healthcare service.

Quiet Cards and its AI-generated content do not provide:

•medical advice;

•diagnosis;

•treatment recommendations;

•clinical decision-making;

•medication advice;

•mental-health treatment;

•professional caregiving advice; or

•instructions from a healthcare professional.

Information available within Quiet Cards should not be used as a substitute for advice, diagnosis, treatment, or care from a qualified healthcare professional.

The fact that Quiet Cards may store or use information concerning dementia, cognitive impairment, medical conditions, medications, allergies, behaviors, or other health-related matters does not make Quiet Cards a healthcare provider or medical-record system.

Always seek appropriate professional assistance for medical or healthcare decisions.

Do not rely on Quiet Cards in an emergency.

Quiet Cards is not:

•an emergency communication service;

•a medical alert system;

•an emergency identification system;

•a substitute for emergency identification or medical-alert information;

•an emergency monitoring service; or

•a substitute for contacting emergency responders or qualified professionals.

Quiet Cards does not monitor Loved Ones or users and cannot summon emergency assistance.

If you believe someone is experiencing an emergency, contact the appropriate local emergency services.

Quiet Cards may help communicate information to servers, employees, medical-office personnel, transportation personnel, family members, event staff, members of the public, or other third parties.

A Quiet Card does not transfer responsibility for a Loved One's care, supervision, safety, medical needs, decision-making, behavior, transportation, food or drink choices, or other needs to the person reading the card.

Quiet Cards is not designed to instruct third parties to assume caregiving responsibility.

You remain responsible for determining the level of care, supervision, assistance, or professional support appropriate for your Loved One.

Quiet Cards cannot control how another person responds to a card.

We do not guarantee that a restaurant, business, healthcare office, transportation provider, family member, employee, or other person will:

•read a card;

•understand a card;

•follow a request;

•accommodate a request;

•modify their behavior;

•provide assistance; or

•respond in the manner you expect.

A Quiet Card does not create a legal, medical, caregiving, or contractual obligation on the person to whom it is shown.

Quiet Cards may allow you to store information such as medications, allergies, other medical conditions, mobility or medical equipment information, and physician information for your reference.

As described in the Privacy Policy, certain medical-reference information is not automatically sent to the AI for card generation.

You are responsible for maintaining the accuracy and currency of information you store.

Quiet Cards should not be used as the sole or authoritative record of medication, allergy, diagnosis, emergency, or other medical information.

“User Content” includes information, text, photographs, notes, custom card wording, Loved One information, and other material you provide through Quiet Cards.

You retain whatever rights you have in your User Content.

You grant TOT Solutions, LLC a limited, non-exclusive license to host, store, process, reproduce, and otherwise use User Content only as reasonably necessary to provide, secure, maintain, and operate Quiet Cards and fulfill your requests through the service.

This license does not transfer ownership of your User Content to us.

You represent that your User Content and your use of it through Quiet Cards do not violate another person's rights or applicable law.

Subject to applicable law and third-party rights, you may use cards generated for you through Quiet Cards for your personal caregiving and communication purposes.

Because AI systems can generate similar or identical language for different users, Quiet Cards does not guarantee that AI-generated wording is unique to you.

Quiet Cards does not claim ownership of personal information you provide about yourself or a Loved One.

Quiet Cards, including its branding, software, interface, visual design, templates, graphics, organization, proprietary content, and other materials created by or for TOT Solutions, LLC, is owned by or licensed to TOT Solutions, LLC and is protected by applicable intellectual-property laws.

Your access to Quiet Cards gives you a limited, personal, non-exclusive, non-transferable right to use the service according to these Terms.

Except as expressly permitted, you may not:

•copy or reproduce substantial portions of the Quiet Cards service;

•resell or redistribute access to Quiet Cards;

•reproduce or distribute Quiet Cards templates as a competing product;

•reverse engineer or attempt to extract source code except where applicable law expressly permits it;

•remove proprietary notices;

•use Quiet Cards branding without authorization; or

•use Quiet Cards to create or operate a substantially similar competing service through unauthorized copying of our protected materials.

Nothing in these Terms prevents you from using, printing, displaying, photographing, or sharing cards you legitimately create for their intended communication purpose.

Quiet Cards is intended to support respectful, appropriate communication involving people who may have cognitive, developmental, neurological, medical, communication, or other support needs.

You agree to use Quiet Cards only for lawful and appropriate purposes.

You may not use Quiet Cards to:

•create false or deliberately misleading statements about another person's health, diagnosis, condition, disability, behavior, needs, abilities, or circumstances;

•falsely represent yourself as another person's caregiver, guardian, healthcare provider, family member, representative, or other authorized person;

•impersonate another person or misrepresent your relationship to a Loved One;

•create cards intended to deceive, manipulate, threaten, intimidate, harass, humiliate, exploit, discriminate against, or harm another person;

•use another person's name, photograph, health information, personal information, or other information when you do not have an appropriate right or authority to do so;

•use Quiet Cards to control, coerce, isolate, exploit, or improperly restrict another person's lawful choices or autonomy;

•create content encouraging abuse, neglect, violence, self-harm, illegal activity, or other dangerous conduct;

•use Quiet Cards to provide or obtain medical diagnosis, treatment recommendations, medication instructions, clinical decision-making, or other professional medical advice;

•falsely claim or imply that a card or request is medically required, legally required, professionally authorized, or endorsed by Quiet Cards or TOT Solutions, LLC;

•create or attempt to create fraudulent medical, disability, identification, authorization, accommodation, or emergency documentation;

•violate another person's privacy, intellectual-property rights, or other legal rights;

•upload or distribute unlawful, abusive, threatening, hateful, sexually exploitative, or otherwise prohibited content;

•interfere with Quiet Cards' operation or security;

•attempt to gain unauthorized access to accounts, systems, data, or source code;

•introduce malware or malicious code;

•scrape or systematically extract service content without authorization;

•bypass or attempt to bypass AI safety systems, content safeguards, access controls, usage limits, payment requirements, or account restrictions;

•share or resell account access in order to avoid applicable purchase or access requirements;

•use automated systems to abuse card-generation features or place unreasonable demands on Quiet Cards' infrastructure; or

•use Quiet Cards in any manner that violates applicable law or creates a material risk of harm to Quiet Cards, TOT Solutions, other users, Loved Ones, or third parties.

Quiet Cards reserves the right to refuse generation, restrict functionality, suspend access, or terminate an account when we reasonably believe the service is being used in violation of these Terms or in a manner that creates a significant safety, legal, security, or abuse risk.

Where appropriate, we may preserve or disclose information when reasonably necessary to comply with applicable law, lawful legal process, or legitimate safety and security obligations, consistent with our Privacy Policy.

Quiet Cards may offer paid digital access, including subscription-based, annual, lifetime, or other access options.

The price, access period, and features included with a purchase will be presented at the time of purchase.

“Lifetime” access, if offered, means access to the applicable purchased Quiet Cards offering for as long as that offering is made available by TOT Solutions, LLC. It does not guarantee that Quiet Cards, any particular feature, or the business will operate indefinitely.

We may modify features over time as the service develops.

We will not retroactively charge you a different price for a completed purchase without your authorization.

Because Quiet Cards is a digital product that provides access to functionality and content immediately after purchase, purchases are final and non-refundable except where required by applicable law or where we expressly state otherwise at the time of purchase.

By completing a purchase, you acknowledge that you may receive immediate access to digital functionality that cannot practically be returned.

We encourage you to review the product description and available information before purchasing.

Nothing in this Refund Policy limits any non-waivable consumer rights you may have under applicable law.

Quiet Cards is an evolving service.

We may add, modify, improve, replace, suspend, or discontinue features.

We may also make changes necessary for security, legal compliance, third-party service changes, technical requirements, or product development.

We do not guarantee that every current feature will remain available indefinitely.

If a change materially affects a paid access commitment, we will address it as required by applicable law and any specific terms presented with that purchase.

Quiet Cards depends on third-party technology and service providers for functions such as hosting, authentication, database/storage services, and artificial intelligence.

We do not control every aspect of third-party services and cannot guarantee their uninterrupted availability.

Quiet Cards may experience delays, interruptions, errors, or changes resulting from third-party systems.

Your information is processed by service providers as described in the Privacy Policy.

We work to keep Quiet Cards available and functioning, but we do not guarantee uninterrupted, error-free, or continuously available service.

The service may occasionally be unavailable because of maintenance, technical failures, provider outages, security issues, updates, or circumstances outside our reasonable control.

You may stop using Quiet Cards at any time and may delete your account using the available account-deletion feature.

We may suspend or terminate access if we reasonably believe you have:

•materially violated these Terms;

•used Quiet Cards unlawfully;

•attempted to compromise the service or another account;

•engaged in fraud or abuse; or

•created a significant security or legal risk.

Where appropriate and reasonably practicable, we may provide notice before termination.

Certain provisions of these Terms that by their nature should survive termination, including intellectual-property provisions, disclaimers, limitations of liability, and dispute provisions, will survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUIET CARDS IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TOT SOLUTIONS, LLC DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY BE DISCLAIMED UNDER APPLICABLE LAW.

WE DO NOT WARRANT THAT:

•QUIET CARDS WILL ALWAYS BE AVAILABLE OR ERROR-FREE;

•AI-GENERATED CONTENT WILL BE ACCURATE OR APPROPRIATE;

•CARDS WILL PRODUCE A PARTICULAR RESULT;

•THIRD PARTIES WILL RESPOND TO CARDS IN A PARTICULAR WAY;

•STORED INFORMATION WILL SUBSTITUTE FOR PROFESSIONAL OR MEDICAL RECORDS; OR

•THE SERVICE WILL MEET EVERY USER'S PARTICULAR NEEDS.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOT SOLUTIONS, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE QUIET CARDS.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, DAMAGES ARISING FROM:

•reliance on AI-generated content;

•inaccurate or outdated User Content;

•a third party's response or failure to respond to a card;

•caregiving, supervision, medical, safety, or emergency decisions;

•loss of data;

•service interruptions; or

•unauthorized access outside our reasonable control.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOT SOLUTIONS, LLC'S TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO QUIET CARDS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO TOT SOLUTIONS, LLC FOR QUIET CARDS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

(B) $100.

Some jurisdictions do not permit certain limitations of liability, so these limitations apply only to the extent permitted by law.

To the extent permitted by applicable law, you agree to indemnify and hold harmless TOT Solutions, LLC and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, and reasonable costs arising from:

•User Content you provide;

•your unlawful use of Quiet Cards;

•your violation of these Terms;

•your violation of another person's rights; or

•information about another person that you provided without appropriate right or authority.

This provision does not require you to indemnify TOT Solutions, LLC for conduct for which indemnification cannot lawfully be required.

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

We hope concerns can usually be resolved directly.

Before filing a legal claim relating to Quiet Cards, you are encouraged to contact us at tiffani@totsolutions.org so we have an opportunity to address the issue informally.

We may update these Terms from time to time.

When we do, we will update the “Last Updated” date.

If we make material changes, we may provide additional notice or require you to accept updated Terms before continuing to use Quiet Cards.

Your continued use after an update will be governed by the updated Terms to the extent permitted by applicable law.

You agree that agreements, notices, disclosures, and other communications relating to Quiet Cards may be provided electronically where permitted by law.

Your electronic acceptance of these Terms has the same effect as agreeing to them in writing to the extent provided by applicable law.

Quiet Cards may maintain records of the date and version of the Terms and Privacy Policy presented to you when you accept or acknowledge them.

These Terms, together with the Privacy Policy and any additional terms expressly presented in connection with a specific purchase or feature, constitute the agreement between you and TOT Solutions, LLC concerning your use of Quiet Cards.

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Our failure to enforce a provision does not waive our right to enforce it later.

You may not transfer your rights under these Terms without our consent. We may transfer these Terms in connection with a merger, acquisition, sale of assets, reorganization, or similar business transaction.

Quiet Cards is operated by:

TOT Solutions, LLC

A Tennessee limited liability company

Email: tiffani@totsolutions.org

Mailing Address: [BUSINESS MAILING ADDRESS]

Questions regarding these Terms may be sent to the email address above.