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Call Mabel Service Agreement

Effective: April 21, 2026

⚠️ READ CAREFULLY BEFORE SUBSCRIBING

Call Mabel is an AI companion and wellness service. It is NOT an emergency response service, NOT a medical provider, and NOT a substitute for 911, a doctor, or in-person caregiving.

In any life-threatening emergency, dial 911 immediately. Do not rely on Call Mabel as your primary emergency response system.

1. Acceptance of this Agreement

This Service Agreement ("Agreement") is entered into between you (the "Subscriber," "you," or "your") and Call Mabel ("Call Mabel," "we," "us," or "our"). By subscribing to Call Mabel, clicking to accept this Agreement at checkout, or using any part of the Call Mabel service (the "Service"), you acknowledge that you have read, understood, and agree to be bound by every provision of this Agreement, including the Limitation of Liability and the Disclaimers below.

If you are subscribing on behalf of an elderly parent, relative, or other person (the "End User"), you represent that you have the legal authority to enter into this Agreement on their behalf and that you will share the material terms with them.

2. Description of the Service

Call Mabel provides an AI-based companion calling service for adults age 60 and over and their families. The Service includes, depending on the tier selected, one or more of the following: scheduled or on-demand telephone calls from an AI voice companion ("Mabel"); medication reminders; conversational wellness check-ins; an online portal for storing documents, contacts, and personal information; optional Home Services referrals; optional Legacy Book features; brain games and enrichment content; and automated notifications to designated emergency contacts under certain conditions.

2.1 What the Service IS NOT

The Service is expressly NOT any of the following, and you agree that you will not rely on it as such:

3. Service Limitations You Acknowledge

You understand and agree that Call Mabel operates with significant inherent limitations, and that you accept these limitations as a condition of using the Service:

3.1 AI Limitations

The Service is powered by artificial intelligence. AI systems are not infallible. They may misinterpret speech, fail to recognize distress signals, produce incorrect or unexpected responses, generate factually inaccurate statements, or behave unpredictably. While Call Mabel is designed with care and tested regularly, you acknowledge that no AI system is guaranteed to correctly identify emergencies, health concerns, or any specific signal in any specific conversation.

3.2 Third-Party Dependencies

The Service depends on telecommunications networks, internet connectivity, electrical power, third-party AI voice providers, third-party cloud infrastructure, third-party email services, and third-party SMS/messaging services, all of which are outside Call Mabel's direct control. Call Mabel is not responsible for service interruptions, delays, dropped calls, failed connections, undelivered messages, or other failures caused by or resulting from any of these third parties.

3.3 Answer Requirement

Call Mabel can only provide Service value when the End User answers the telephone. If the End User does not answer, cannot answer, mis-dials, is asleep, is unable to speak, or is unreachable for any reason, the Service cannot function during that period. Missed calls may trigger automated notifications to designated emergency contacts under certain plan tiers, but such notifications depend on accurate contact information being provided and kept current by the Subscriber.

3.4 Emergency Detection is Assistive, Not Guaranteed

Certain plan tiers include features that attempt to detect signs of distress based on missed check-ins, voice-pattern changes, specific keywords, or other signals, and to alert designated emergency contacts. These features are ASSISTIVE ONLY. Call Mabel does not guarantee that any specific emergency, fall, medical event, health decline, or distressing situation will be detected, reported, or acted upon in a timely manner or at all. You must not rely on Call Mabel as your sole or primary means of emergency protection.

3.5 Medication Reminders

Call Mabel may provide medication reminders based on information you provide. Call Mabel does not verify medication accuracy, does not dispense medications, does not prescribe medications, does not monitor medication adherence, and is not responsible for missed doses, double doses, drug interactions, allergic reactions, or any other medication-related event. All medication decisions remain the responsibility of the End User and their licensed healthcare providers.

3.6 AI Companions Are Not Licensed Professionals

Call Mabel's AI companions (including Mabel, Hank, Frank, Vera, Debrief, Clara, Vince, Rosie, Solace, Max, Bridget, Nora, George, Luna, and any future companion) are software-based conversational AI agents. They are not licensed professionals, regardless of any naming convention, persona description, or backstory presented in the user interface.

Specifically, no AI companion is, or should be construed as: a licensed attorney, paralegal, or provider of legal advice; a Certified Public Accountant (CPA), enrolled agent, tax preparer, or financial advisor; a licensed physician, nurse, physician assistant, pharmacist, physical therapist, or other healthcare professional; a licensed real-estate agent, broker, or contractor; an insurance agent, broker, or licensed Medicare advisor; or any other state- or federally-licensed professional.

AI-companion suggestions, reminders, summaries, and conversations are general informational content only. They are not a substitute for advice from a licensed professional and should never be relied upon for legal, financial, tax, medical, real-estate, insurance, or other licensed-professional decisions. Always consult a qualified, licensed professional for those decisions.

Persona backstories — such as references to a companion having "experience" in a particular field, being "modeled on" a profession, or any prior wording suggesting prior human credentials — are stylistic and conversational only. They do not represent the actual training, licensure, or qualifications of any human, and the AI companion has no real-world professional credentials.

4. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, Call Mabel disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, continuity, and any warranty that the Service will detect emergencies, prevent harm, identify medical conditions, or produce any specific result.

5. Limitation of Liability

To the maximum extent permitted by law:

(a) Call Mabel's aggregate liability to Subscriber for any claim arising out of or related to the Service, regardless of the form of action (contract, tort, negligence, strict liability, or otherwise), shall not exceed the greater of: (i) the total subscription fees actually paid by the Subscriber to Call Mabel in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) five hundred U.S. dollars ($500.00).

(b) In no event shall Call Mabel, its officers, directors, employees, contractors, licensors, or affiliates be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to lost profits, loss of data, personal injury, emotional distress, pain and suffering, wrongful death, loss of consortium, or any damages resulting from the failure of the Service to detect, prevent, or respond to any emergency, medical condition, or other event — even if Call Mabel has been advised of the possibility of such damages.

(c) The parties acknowledge that the subscription fees for the Service do not reflect the value of the End User's life, health, or property, and that these limitations of liability are a fundamental basis of the bargain between the parties. Without these limitations, the subscription fees would be materially higher and the Service would not be commercially viable.

6. Indemnification

You agree to indemnify, defend, and hold harmless Call Mabel, its officers, directors, employees, contractors, licensors, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your breach of this Agreement; (b) your misuse of the Service; (c) inaccurate information you provided (including emergency contact information); (d) any claim by or on behalf of an End User if you are the Subscriber but not the End User; and (e) your violation of any law or third-party right.

7. Force Majeure

Call Mabel shall not be liable for any failure or delay in performance caused by events outside its reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, terrorism, civil unrest, governmental actions, labor disputes, internet outages, telecommunications failures, electrical outages, or failures of third-party providers.

8. Subscription, Billing, and Cancellation

Auto-Renewal. Your subscription renews automatically at the end of each billing period (monthly or annual, as selected) at the then-current rate, unless you cancel before the renewal date. You authorize Call Mabel to charge your payment method on file for each renewal.

Cancellation. You may cancel your subscription at any time through your account dashboard at callmabel.com/dashboard/billing or by emailing hello@callmabel.com. Cancellation takes effect at the end of the current billing period. Call Mabel does not provide pro-rated refunds for partial months except as expressly stated below.

Annual Refund Window. If you cancel an annual subscription within thirty (30) days of the initial purchase date, Call Mabel will refund the full annual fee, less any months actively used at the monthly equivalent rate.

Price Changes. Call Mabel may change subscription pricing. Existing Subscribers will receive at least thirty (30) days' notice by email before any price increase takes effect. If you do not agree to a price increase, you may cancel before it takes effect.

Failed Payments. If payment fails, Call Mabel will attempt to contact you and may pause or suspend the Service until payment is successfully collected. See our dunning policy for the full sequence of notices.

9. Data and Privacy

Call Mabel is committed to protecting your personal information. We use bank-level encryption (TLS 1.2+ in transit, AES-256 at rest), strict access controls, audit logging, and regular security reviews. We do not sell personal data to advertisers, data brokers, or any third party. Our complete data practices are described in the Privacy Policy, which is incorporated into this Agreement by reference.

HIPAA Status. Call Mabel is a direct-to-consumer technology service and is not a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act (HIPAA). Information you share with Call Mabel is therefore not Protected Health Information (PHI) as defined by HIPAA. We apply healthcare-grade security practices, but you should not expect HIPAA-specific consumer rights (such as formal medical records access or HIPAA breach notification timelines). If you require a HIPAA-covered service, please consult your healthcare provider or a HIPAA-covered health plan.

You represent that any health, financial, family, or personal information you provide to Call Mabel — whether about yourself or about a third party such as a parent or family member — you have the authority to share.

10. Subscriber Responsibilities

11. Dispute Resolution and Arbitration

Any dispute arising out of or related to this Agreement or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in the state where you reside, except that either party may seek injunctive relief in court for intellectual property matters.

Class Action Waiver. All disputes shall be resolved on an individual basis, and neither party shall participate in any class, collective, or representative action against the other.

Opt-Out. You may opt out of arbitration by sending written notice to hello@callmabel.com within thirty (30) days of first subscribing, stating your name, email, and intent to opt out.

12. Miscellaneous

Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Entire Agreement. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Call Mabel and supersedes all prior agreements, oral or written.

Severability. If any provision of this Agreement is held unenforceable, the remainder of this Agreement shall remain in full force and effect.

No Waiver. Call Mabel's failure to enforce any right under this Agreement is not a waiver of that right.

Assignment. You may not assign this Agreement without Call Mabel's prior written consent. Call Mabel may assign this Agreement in connection with a merger, acquisition, or sale of assets.

Modifications. Call Mabel may update this Agreement from time to time. Material changes will be notified to Subscribers by email at least thirty (30) days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Agreement.

Contact. Questions about this Agreement? Email hello@callmabel.com.

📋 Acknowledgment

By subscribing to Call Mabel, you acknowledge that you have read this entire Service Agreement, including the Disclaimer of Warranties in Section 4 and the Limitation of Liability in Section 5. You specifically acknowledge that Call Mabel is not a replacement for 911, medical care, or human caregiving, and that you agree to the limits on liability set forth in this Agreement in exchange for the low subscription fees that make this Service possible.

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