DRAFT — pending attorney review
These Care Plan terms are a draft starting point and have not yet been reviewed by a California-licensed attorney. Bracketed placeholders are not yet finalized. Do not rely on this document as final legal terms.
Care Plan Terms
IXOME CARE PLAN TERMS
Effective Date: [DRAFT — to be finalized] Last Updated: [DRAFT — to be finalized]
These Care Plan Terms supplement the Ixome Terms of Service and apply when you subscribe to a Care Plan. In the event of a conflict between these terms and the Terms of Service, the Terms of Service govern except where these terms are more specific to your Care Plan subscription. Capitalized terms not defined here have the meaning given in the Terms of Service.
1. AUTOMATIC RENEWAL DISCLOSURE (California Automatic Renewal Law)
This is an automatically renewing subscription. The following disclosures are provided in accordance with California’s Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.):
(a) Recurring charge. By starting a Care Plan you authorize IxomeAI to charge your payment method, on a recurring basis, the subscription amount for your selected tier (currently $9/month for the Essential tier) on the same day each month, until you cancel.
(b) Automatic renewal. Your subscription continues automatically at the end of each billing period and will renew for a successive period of the same length unless you cancel before the renewal date.
© Cancellation. You may cancel at any time, in one click, from your Ixome dashboard. Cancellation takes effect at the end of the current billing period. No phone call is required.
(d) Renewal reminder. We will email you approximately three (3) days before each renewal with a one-click cancellation link, where you have provided an email address.
(e) Price changes. Subscription prices are subject to change upon thirty (30) days’ notice to subscribers, consistent with Section 7.1 of the Terms of Service. Any price change applies only to billing periods beginning after the notice period.
2. SUBSCRIPTION AND BILLING TERMS
These provisions mirror Section 7 of the Terms of Service as applied to the Care Plan.
2.1 Plans and Pricing
Care Plan tiers and prices are displayed on the Care Plan page at the time of purchase. Only the entry (Essential) tier is available for self-serve checkout; higher tiers are provisioned after a short conversation. Prices are in United States Dollars.
2.2 Payment
All Care Plan payments are processed through Stripe, Inc. By subscribing, you authorize IxomeAI to charge your payment method on a recurring monthly basis. You represent that you are authorized to use the payment method provided. IxomeAI does not store your full card number, CVV, or bank account details — these are handled exclusively by Stripe.
2.3 Free Trial (if offered)
If your account is eligible for a free trial, the trial length is displayed at checkout and is determined server-side (it is never client-decided). Unless you cancel before the trial ends, your subscription converts to a paid, automatically renewing subscription at the standard rate, and your payment method will be charged.
2.4 Failed Payments and Grace Period
If a scheduled payment fails: (a) IxomeAI (via Stripe) will retry payment according to Stripe’s standard retry schedule (typically 3 attempts over 7 days); (b) during the retry period, your access remains active; © if all retries fail, your subscription is marked “past due” and access is suspended within 72 hours of the final failed retry; (d) you will receive email notification of payment failure and suspension where you have provided an email address.
2.5 Cancellation
You may cancel your Care Plan at any time from your Ixome dashboard or by contacting support@ixome.ai. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued except where required by law or at IxomeAI’s sole discretion.
2.6 Refunds
IxomeAI does not issue refunds for Care Plan subscription fees except: (a) where required by applicable consumer protection law; (b) within seven (7) days of initial subscription if no AI hardware commands were issued; or © as a one-time courtesy at IxomeAI’s sole discretion for documented technical failures.
3. SCOPE OF THE CARE PLAN
The Care Plan provides ongoing monitoring and maintenance services as described on the Care Plan page for your tier (which may include automatic network firmware updates, device health monitoring, periodic health and security reporting, and email support). The Care Plan is a software service and is subject to all disclaimers in the Terms of Service, including the physical hardware control disclaimers (Section 4) and the limitation of liability (Section 14). The Care Plan is not an emergency or life-safety service.
4. FULL TERMS
These Care Plan Terms are part of, and incorporate by reference, the complete Ixome Terms of Service and the Privacy Policy. Please read those documents for the full agreement governing your use of the Service, including dispute resolution, arbitration, class-action waiver, and governing law (California; venue in San Diego County).
Contact. IxomeAI, Inc. | support@ixome.ai | legal@ixome.ai | San Diego, California | [mailing address — finalized at incorporation]