Client Subscription Agreement

CareSwaps, LLC d/b/a PatientSwaps

Version 13, dated 2026-10-12. This version replaces all earlier versions of the CareSwaps Client Subscription Agreement.

Effective date: the date and time you first accept this Agreement (see "Acceptance" at the end).

1. Welcome and Overview

This agreement (the "Agreement") is between you and CareSwaps, LLC ("CareSwaps", "we" or "us"). It explains what our platform does, what it costs, and what you can expect when you subscribe.

CareSwaps is a healthcare technology platform. It helps families look for transfer options for a loved one who lives in, or needs, a senior care community (skilled nursing, assisted living, memory care, continuing care and independent living). We do this by matching your loved one's request against open beds and swap opportunities that participating communities report to us, using operational facts such as location, timing, and the bed availability and payer types each community reports.

We have written this Agreement in plain language because you deserve to understand the service you are paying for, including what it can and cannot do for you. Please read it carefully. If anything is unclear, contact us at hello@careswaps.com or (970) 306-7131.

1.1 Words We Use

• "You" means the person who subscribes and accepts this Agreement.
• "Your loved one" or "the resident" means the person whose transfer you are seeking. This may be you.
• "Community" means a senior care community or other care provider.
• "Participating community" means a community that has signed a written agreement with us to use the Platform.
• "Platform" means our transfer matching software, including the CareSwaps family dashboard (careswaps.com/dashboard) and the PatientSwaps facility portal (patientswaps.com). PatientSwaps is the name CareSwaps, LLC uses for the part of the Platform that communities use. It is the same company, not a separate business.
• "Information Sharing Authorization" means the written authorization you sign on our intake form that allows us to share your loved one's health information as described in Section 6. It is designed to meet the federal HIPAA rules for a valid authorization (45 CFR 164.508).
• "Limited Request Facts" means only these facts about your loved one's request: the type of care sought (for example, skilled nursing, assisted living, memory care or independent living, and not your loved one's specific care needs), the payer category, the general time window for the move (not a specific date), and approximate distance information used for matching. Limited Request Facts never include your loved one's name, date of birth, care needs, address, current community, or any other detail that identifies them.
• "Colorado Referral Disclosure" means the separate disclosure document described in Section 2.4.6, which you and CareSwaps both sign and date.
• "Personal representative" means a person who has legal authority to make health care decisions for your loved one, such as an agent under a medical durable power of attorney, a court-appointed guardian with health care authority, or a proxy decision-maker recognized under Colorado law. Being a family member does not, by itself, make someone a personal representative.

2. What CareSwaps Does and Doesn't Do

2.1 What We Do

CareSwaps provides technology tools that help you explore transfer options for your loved one. Specifically, we:

• Provide access to our bed-matching and swap-matching Platform.
• Search the participating communities on our network for possible matches.
• Display matching options based on location, timing, and the bed availability and payer types that each community reports to us. This information may be out of date, and we do not independently verify it.
• Provide a dashboard where you can follow the status and next steps of your request.
• Provide document checklists and templates that you and the communities may use. These are organizational aids, not legal or regulatory advice.

2.2 What We Don't Do

It is just as important to understand what CareSwaps does not do. We do not:

• Make clinical decisions or medical recommendations about your loved one's care.
• Guarantee any transfer, bed availability, or timeline.
• Score, rank, recommend or feature any community. We show matching options with their facts, ordered by distance and then by date.
• Provide, coordinate or arrange transportation for your loved one.
• Provide medical advice, discharge planning, or care coordination.
• Manage, coordinate or arrange your loved one's transfer.
• Verify insurance coverage or benefits (see Section 3.2).
• Make any decision about your loved one's care or treatment.

2.3 Important Limitation

CareSwaps provides transfer matching technology. Whether a transfer happens depends on community availability, clinical appropriateness, and legal and regulatory requirements. CareSwaps does not guarantee any specific transfer or timeline.

All clinical decisions about whether a transfer is appropriate are made by the communities' licensed staff, together with your loved one or their personal representative, and not by CareSwaps. Every admission decision is made by the community itself.

2.4 Colorado Referral Disclosures (C.R.S. § 6-1-729)

2.4.1 Why we give these disclosures

Colorado law (C.R.S. § 6-1-729) requires services that refer people to assisted living residences to give certain written disclosures, signed and dated by both sides. We give these disclosures to every family, whatever type of community you are considering.

2.4.2 No other relationships

CareSwaps, LLC has no ownership, control, financial, business, management, or family relationship with any senior care community, other than the free participation agreements (a facility services agreement and a business associate agreement) that each participating community signs with us so that it can use the Platform.

2.4.3 How communities pay

Participating communities currently pay CareSwaps nothing. If CareSwaps later charges a flat software subscription fee, it will never vary with referrals, transfers or outcomes. Before any such fee takes effect, we will update this disclosure and tell you. No community can pay to change which options you see or the order in which they appear.

2.4.4 Your right to cancel, and notice to communities

You may cancel at any time, including during your first 7 days, using the one-step cancel button on your dashboard, by emailing hello@careswaps.com, or by calling (970) 306-7131 (see Sections 4 and 5).

Within 2 business days after any of the following events, CareSwaps will notify every community to which your loved one's request was referred or shown (including any community that saw only Limited Request Facts) that your request has been withdrawn:

• you cancel your subscription;
• you ask for a refund under Section 5.1;
• you withdraw your Information Sharing Authorization (Section 6.3);
• we find that your loved one is not eligible (Section 3); or
• your subscription ends for any other reason.

If your loved one's current community had been told about a match, we will notify it too. These notices contain no health information beyond what is needed to identify the withdrawn request.

2.4.5 Your contact information

Colorado law separately requires a community that admits your loved one after a referral not to sell or transfer your contact information without your written consent. CareSwaps also makes its own promise, voluntarily: we never sell your contact information or your loved one's information (see Section 6.4).

2.4.6 The signed Colorado Referral Disclosure

The disclosures in Sections 2.4.2 to 2.4.5 are also set out in a separate, short document called the Colorado Referral Disclosure. Here is how it works:

1. Delivery to you first. We send you the Colorado Referral Disclosure in your welcome email, before we refer your loved one's request to any community.
2. Two signatures, two dates. You sign and date it electronically. CareSwaps signs and dates it electronically too, by its Owner. Both signatures and dates appear on the signed document. Please sign it promptly. We will send you reminders if it is not yet signed.
3. Copy to the admitting community. Before your loved one is admitted to a community through a match on our Platform, we give that community a copy of the signed and dated disclosure. We deliver it only through our secure facility portal, never by ordinary email, and only after you have authorized that match (Section 6.2). Your Information Sharing Authorization covers this copy.
4. Copy to you. You may ask us for a copy of the signed disclosure at any time, and we will send it to you.
5. Records. Colorado law requires the admitting community to keep its copy for at least one year. CareSwaps keeps the signed disclosure for 6 years (Section 6.6).

If anything in this Section 2.4 differs from the signed Colorado Referral Disclosure, the version that gives you more protection applies.

3. Eligibility

3.1 Who May Subscribe

To subscribe to CareSwaps, you must:

• Be at least 18 years old.
• Be the resident yourself, or have legal authority to act for the resident in seeking a transfer and to authorize sharing of their health information. Examples are an agent under a medical durable power of attorney or a court-appointed guardian. Being a family member does not, by itself, give you that authority. We will ask you to describe your authority and to upload supporting documents.
• Be seeking a transfer for a resident whose care is paid for privately, by commercial health insurance, or by a private long-term-care insurance policy.
• Understand that residents whose care is paid for, in whole or in part (as primary or secondary payer), by Medicare (including Medicare Advantage), Medicaid (including Health First Colorado and Medicaid-pending), TRICARE, the VA, PACE, or any other federal or state health care program are not eligible for matching.

The intake form asks how your loved one's care is paid for before you pay. The answers to those payer questions decide which policies and payers qualify. An application for a resident covered by one of the excluded programs cannot be submitted.

3.2 Insurance Coverage Is Not Verified by CareSwaps

Coverage is not verified by CareSwaps. CareSwaps does not check, and makes no promise about, whether any insurance policy (including a long-term-care policy) will pay for care at a particular community. We also do not check whether a policy's benefit triggers or waiting (elimination) period are met, or whether a community will bill or accept your insurer. "Payer types" in our matching means only the payer types a community tells us it accepts. Please confirm coverage with your insurer and with the community before any move.

3.3 If Your Loved One Is Not Eligible

• Not eligible when you paid. If you pay and our payer screen then shows that your loved one was not eligible, we will stop matching, cancel your subscription, send the notices in Section 2.4.4, and refund every payment you made in full. This does not apply if you knowingly gave us false payer information.
• Becomes ineligible later. If your loved one later becomes ineligible (for example, because long-term-care benefits run out and Medicaid or another excluded program begins to pay), please tell us right away. We will stop matching, cancel your subscription, and send the notices in Section 2.4.4. We will refund any payment for a billing month that started after the date your loved one became ineligible.

4. Subscription and Pricing

4.1 Price and Billing

Your CareSwaps subscription costs $299 per month.

• First payment: due when you subscribe.
• Billing date: the same date each month as the date you subscribed.
• Payment method: credit or debit card, processed by our payment processor, Stripe. We do not store your full card number.
• What it covers: unlimited matching requests and the other items listed in Exhibit A.

All fees are for access to the Platform and its tools. They are not contingent on any referral, admission, or outcome.

4.2 Automatic Renewal Terms

By subscribing, you agree to an automatic renewal contract. Colorado's automatic renewal law (C.R.S. § 6-1-732) requires us to tell you these five things clearly before you agree. We show them on the checkout page, next to the subscribe button, before you pay:

1. It continues until you cancel. Your subscription renews automatically each month and has no end date.
2. How to cancel. You can cancel at any time, including during your first 7 days, by any of these methods: (a) the one-step cancel button on your dashboard at careswaps.com/dashboard; (b) emailing hello@careswaps.com; or (c) calling (970) 306-7131. Section 5 explains what happens when you cancel.
3. The recurring charge. We will automatically charge $299 to the card you give us, on the same date each month, until you cancel.
4. The renewal term. Each renewal term is one month.
5. Minimum purchase. There is no minimum term and no minimum purchase.

4.3 Written Acknowledgment

Right after you subscribe, we will email you an acknowledgment that repeats the automatic renewal terms in Section 4.2 and explains how to cancel. Please keep it for your records.

4.4 Renewal Reminders

• Annual reminder (required by Colorado law). If your subscription is about to continue past 12 continuous months, we will email you a reminder 25 to 40 days before that renewal, and again 25 to 40 days before each later 12-month mark. The reminder will say that your subscription will renew unless you cancel, and will explain how to cancel. For example, if you subscribe on January 10, 2027, your first annual reminder will arrive between December 1 and December 16, 2027.
• Monthly courtesy notice (extra). We also email a courtesy notice about 7 days before each monthly charge. This notice is in addition to the annual reminder. It does not replace it.

4.5 Price Changes

The price of your existing subscription stays at $299 per month unless we email you at least 30 days before a new price takes effect and give you a way to cancel before it applies. If you do not want the new price, cancel before it takes effect and you will not be charged at the new price. If applicable law requires your express consent to a change, we will ask for it and will not apply the change without it.

5. Cancellation and Refunds

5.1 7-Day Money-Back Guarantee

If you ask for a refund within 7 days after your first payment, we will refund that payment in full, with no questions asked.

• Deadline: 11:59 p.m. Mountain Time on the seventh day after the day of your first payment.
• How to ask: email hello@careswaps.com or call (970) 306-7131. A request that reaches us by email or voicemail before the deadline counts as on time.
• Refund timing: we will issue the refund to your original payment method within 5 business days after your request. Your bank or card issuer may take a few more days to show it.
• Effect: a refund request also cancels your subscription right away, stops matching, and triggers the notices in Section 2.4.4.
• Limit: the guarantee applies once per resident, to the first payment only.

5.2 Cancel Anytime

You can cancel at any time using any of the methods in Section 4.2. When you cancel:

• we stop matching and stop sharing your loved one's information right away;
• within 1 business day, we re-lock your loved one's identifying details so that no community can view them on the Platform;
• within 2 business days, we send the notices in Section 2.4.4;
• your dashboard stays open until the end of your current billing month so you can download your records; and
• you will not be charged again.

5.3 No Partial-Month Refunds

Except as stated in Sections 3.3, 5.1 and 5.5, we do not give a prorated or partial-month refund for the rest of a billing month after you cancel. This does not affect your right to a full refund under Section 5.1.

5.4 No Cancellation Fees

There are no cancellation fees, ever. We want you to stay because our service works, not because you are locked into a contract.

5.5 Account Suspension

CareSwaps may temporarily suspend your access if we reasonably believe your account has been compromised, you are using the Platform in violation of this Agreement, or suspension is needed for emergency security maintenance. We will tell you about any suspension, and why, as soon as reasonably practicable. Suspension does not end your subscription.

If a suspension is not caused by your actions, we will credit your next bill for each full day of suspension. If it lasts more than 7 days in a row, you may cancel and receive a prorated refund for the unused part of that month.

6. Your Information and Privacy

6.1 What Information We Collect

When you use CareSwaps, we collect information about your loved one and your transfer needs, including:

• your loved one's name, date of birth, current community or living situation, and current location;
• care needs and medical conditions you describe;
• insurance information and payer status;
• preferred transfer locations, preferences and timeline;
• documents you upload, such as a power of attorney or guardianship order; and
• your contact information (name, email, phone number) and your relationship to your loved one.

We treat all information about your loved one as protected health information under HIPAA, and we apply the safeguards in Section 6.4 to all of it, whether or not the law classifies it that way at a given moment. Information that a community gives us about one of its own residents is also covered by our business associate agreement with that community.

6.2 How We Share Information: Two Stages

When you complete the intake form, you sign an Information Sharing Authorization. It describes who may receive your loved one's information and what they may receive. We share information in two stages, and only as needed for transfer matching.

Stage 1: before you authorize a match. Participating communities that could be a match can see only Limited Request Facts (Section 1.1). They do not see your loved one's name, date of birth, care needs, address or current community. They also do not see who you are.

Stage 2: after you authorize a specific match. When a community proposes a match, you can review it on your dashboard. If you confirm that specific match, we record the date and time of your confirmation. We then share the information listed below with the communities named in that match, and with no one else. We share it only if your Information Sharing Authorization is still in effect and the community has a signed business associate agreement with us. The information is:

• your loved one's name, date of birth, current living situation, and care needs (including power-of-attorney status and the description of your loved one's situation you gave on the intake form);
• the payer and insurance information you gave on the intake form;
• your name, relationship to your loved one, and contact information; and
• for the community that would admit your loved one only, a copy of the signed Colorado Referral Disclosure (Section 2.4.6).

Communities view this information on our secure portal. We do not email your loved one's health information to communities.

What this information is, and is not. The care information we share is what you gave us on the intake form. CareSwaps does not review, verify or summarize it clinically. It is not a clinical assessment, and each community must make its own assessment before deciding on admission.

The PatientSwaps invitation. Section 7, step 5, describes an optional notice to your loved one's current community. It is sent only if you agree, and it contains no health or identifying information.

Other than what this Section 6.2 describes, or what the law requires, we do not share your loved one's information with anyone.

6.3 Withdrawing Your Authorization

You may withdraw your Information Sharing Authorization at any time, in writing:

• with the cancel button on your dashboard; or
• by emailing privacy@careswaps.com (or hello@careswaps.com).

When we receive your withdrawal:

• we stop all future sharing right away;
• within 1 business day, we re-lock your loved one's identifying details so that no community can view them on the Platform;
• within 2 business days, we send the notices in Section 2.4.4; and
• because matching depends on your authorization, we end your request and cancel your subscription so you are not charged again.

Withdrawal cannot recall information already shared with a community before you withdrew. That community's own legal duties under HIPAA and other privacy laws then apply to it. You may sign a new authorization later if you want to start a new request.

6.4 How We Protect Your Information

Your information is sensitive, and we treat it that way:

• We encrypt your information in transit and at rest, limit access to people who need it, and use service providers that have signed business associate agreements for the systems that store your loved one's health information.
• We keep a log of each authorization, each match confirmation, each disclosure, and each withdrawal.
• We never sell your information or your contact information, and we never rent or share it with advertisers, data brokers or marketing companies. This is our own promise, in addition to any legal requirement.
• We never use your information for purposes unrelated to your transfer request.

We may use information that has been de-identified under the HIPAA standard (45 CFR 164.514), or combined so that it cannot identify you or your loved one, to analyze and improve the Platform. We will not try to re-identify it.

6.5 Your Privacy Rights

Under Colorado law, and to the extent your information is protected health information under HIPAA, you have the right to:

• see what information we have on file;
• ask us to correct information that is wrong;
• ask us to delete your information (subject to the records we must keep under Section 6.6);
• ask for an accounting of who your information was shared with, and why; and
• ask us to limit how your information is used or shared.

To the extent CareSwaps meets the thresholds of the Colorado Privacy Act (C.R.S. § 6-1-1301 et seq.), you may also have the right to opt out of the processing of your personal data for targeted advertising or the sale of personal data. CareSwaps does not sell personal data and does not engage in targeted advertising. If that ever changes, we will update this notice and give you a way to opt out, including by recognizing universal opt-out signals such as Global Privacy Control.

To use any of these rights, contact our Privacy Officer, Michael Ford, at privacy@careswaps.com or (970) 306-7131.

6.6 How Long We Keep Information

We keep your information only as long as we need it to provide the service and to meet our legal record-keeping duties, and never more than 6 years after your subscription ends unless the law requires longer. Records we must keep include your signed Information Sharing Authorization, the signed Colorado Referral Disclosure, and our logs of what we shared, with whom and when. When the retention period ends, we securely delete your information. You may ask us to delete it sooner, and we will, except for the records the law requires us to keep.

7. How the Matching Process Works

1. You provide information. You tell us about your loved one's situation, care needs, preferred locations and timeline on our intake form, and you sign the Information Sharing Authorization.
2. We search the network. Our software looks for possible matches among participating communities based on operational facts: distance, bed availability and payer types that communities report, and timing. It also applies the preferences you give us on the intake form (such as maximum distance, room preference, community features, and communities to exclude) and each community's own listing details (such as the type of care it says it is licensed to provide). Communities provide their own listing details, and CareSwaps does not independently verify them. We do not score, rank or recommend communities.
3. You review options. We show you matching options on your dashboard. No community receives your loved one's name or other identifying details until you confirm that specific match (Section 6.2).
4. Timing and documents. The Platform provides tools to track timing and documents between your loved one's current community and the possible new community.
5. Optional PatientSwaps invitation. If a possible match involves your loved one's current community and that community does not yet use the Platform, we may ask whether you would like us to invite it to join the PatientSwaps network. This is entirely optional, and we send it only with your express consent. The invitation contains no medical information, health details or identifying information about you or your loved one. It says only that a family connected with the community has used CareSwaps, and that the community can join the PatientSwaps network. In a small community, staff may still guess who asked, so please consider this before you agree.
6. Clinical decisions. All decisions about whether a transfer is clinically appropriate are made by the communities' licensed staff, together with your loved one or their personal representative, and not by CareSwaps.

Important: Matching options are based on operational facts only. They are not confirmed beds, admission offers, or guarantees. The final transfer decision always rests with the communities and their clinical staff.

8. Your Responsibilities

When you use CareSwaps, you agree to:

• give accurate, complete and truthful information about your loved one and your situation, including your legal authority;
• update your information promptly if circumstances change, including any change in payer (for example, if long-term-care benefits run out or Medicaid begins), medical status, legal authority, or preferred location;
• sign the Colorado Referral Disclosure promptly after you receive it;
• confirm insurance coverage with your insurer and the community before any move (Section 3.2);
• respond to communications from CareSwaps in a reasonable time;
• understand that matching options are not guaranteed admissions;
• arrange your own transportation if a transfer moves forward; and
• keep your dashboard login details confidential and secure.

9. Outcome Disclaimer

CareSwaps does not guarantee admission, bed availability, transfer completion, or any specific outcome.

Transfer outcomes depend on many factors outside CareSwaps' control, including:

• each community's admission decision (the community's choice, not CareSwaps');
• clinical decisions made by community staff;
• insurance authorization, coverage and benefit decisions;
• whether the bed availability and payer information a community reports to us is current;
• changes in your loved one's condition or health; and
• legal, regulatory or licensing requirements.

We will operate the Platform with reasonable care and answer your questions by email and phone. We do not manage, coordinate or arrange your loved one's transfer, and the final decision always rests with the communities and their clinical staff. We are not responsible for decisions made by communities or for factors outside our control.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CARESWAPS PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," AND CARESWAPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CARESWAPS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MATCHING OPTION WILL RESULT IN A SUCCESSFUL TRANSFER. THIS DISCLAIMER DOES NOT AFFECT YOUR RIGHTS UNDER SECTIONS 3.3, 5.1 AND 5.5 OR SECTION 10.3.

10. Limitation of Liability

This section is important, so we have written it in plain language.

10.1 What CareSwaps Is Not Responsible For

To the fullest extent permitted by law, CareSwaps is not responsible for:

• transfer outcomes, or whether a transfer actually happens;
• community decisions (whether a community accepts or declines your loved one);
• the quality of clinical care at any community;
• delays caused by communities, insurance companies, or government agencies; or
• any harm that results from a transfer decision made by a community.

10.2 Maximum Liability

To the fullest extent permitted by law, if something goes wrong, the most CareSwaps will owe you is the amount you paid us in the 12 months before your claim. We will not be liable for lost wages or other indirect or consequential damages.

10.3 Exceptions

The limits in Sections 9, 10.1 and 10.2 do not apply to:

1. Rights the law protects. Any right or remedy that applicable law, including Colorado consumer protection law, does not allow to be limited or waived by contract. Nothing in this Agreement limits any action by a government agency.
2. Our privacy obligations. CareSwaps' failure to meet its own privacy and security obligations, whether under Section 6, your Information Sharing Authorization, HIPAA, or privacy and data-breach laws.
3. Serious misconduct. Liability arising from CareSwaps' gross negligence, willful misconduct or fraud.
4. Refunds. Any refund we owe you under this Agreement.

10.4 What This Means

In plain language: if something goes wrong and you bring a claim against CareSwaps, you would generally be limited to recovering the subscription fees you paid us in the last 12 months. That limit does not apply to the exceptions in Section 10.3. For example, it does not apply if CareSwaps fails to protect your information as promised, or acts with gross negligence or willful misconduct, and it never reduces rights that the law says cannot be reduced.

10.5 No Indemnity From You

You do not have to indemnify CareSwaps. This Agreement does not require you to defend CareSwaps, or to pay CareSwaps' losses or legal costs, for claims made by anyone else. This Section 10.5 controls over any indemnity wording in our Terms of Use.

11. Dispute Resolution

Please read this section carefully. It affects how disputes are resolved. You may opt out of arbitration under Section 11.8.

11.1 Try to Resolve It First

If you have a complaint or dispute, please contact us first at hello@careswaps.com or (970) 306-7131, and tell us what happened and what you are asking for. We will make good-faith efforts to resolve it within 30 days. Neither of us will start an arbitration or a court case during those 30 days, except for a small-claims case or a step needed to stop a legal deadline from passing.

11.2 Governing Law

This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law rules. The Federal Arbitration Act governs Sections 11.3 to 11.9.

11.3 Agreement to Arbitrate

Except as stated in Section 11.6, any dispute between you and CareSwaps that arises out of or relates to this Agreement, your subscription, billing, the Platform, or how we handled your or your loved one's information will be resolved by binding arbitration, not in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the claim is filed. The AAA's rules are available at adr.org, or we will send you a copy on request.

11.4 Where and How

The seat of arbitration is Larimer County, Colorado. One arbitrator will decide the dispute. If the AAA rules allow, a hearing may be held by video or telephone, or the dispute may be decided on written submissions. The arbitrator may award the same individual relief a court could award. Judgment on the award may be entered in any court with jurisdiction.

11.5 Individual Claims Only

You and CareSwaps may each bring claims against the other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine the claims of more than one person or award relief on a class, collective or representative basis.

11.6 What Arbitration Does Not Cover

Sections 11.3 to 11.5 do not stop:

• you or CareSwaps from bringing an individual claim in small claims court, as long as the claim stays there and is within that court's limits;
• you from reporting a concern to, or filing a complaint with, any government agency, such as the Colorado Attorney General or the U.S. Department of Health and Human Services; or
• any government agency from taking action.

11.7 Arbitration Fees

Under the AAA Consumer Arbitration Rules, your share of the filing fee is limited. CareSwaps will pay all other AAA filing and administrative fees and the arbitrator's fees, beyond the share the AAA rules assign to you. Each of us pays our own lawyers' fees, unless the arbitrator awards fees to you as the AAA rules or applicable law allow.

11.8 Your Right to Opt Out

You may opt out of arbitration within 30 days after you first accept this Agreement. To opt out, email hello@careswaps.com with the subject line "Arbitration opt-out", and include your name and the email address you used to subscribe. If you opt out, Sections 11.3 to 11.5 and 11.7 do not apply to you, and disputes will be decided in the courts named in Section 11.10. Opting out does not affect your subscription, your access to the Platform, or any other part of this Agreement.

11.9 If the Individual-Claims Rule Cannot Be Enforced

If Section 11.5 is found unenforceable for a particular dispute, that dispute will not be arbitrated. It will be decided only in the courts named in Section 11.10. The rest of this Section 11 continues to apply to all other disputes.

11.10 Courts

Any court case that this Agreement allows (including a small-claims case, a case to confirm or enforce an arbitration award, a dispute of a person who opted out under Section 11.8, or a dispute under Section 11.9) must be brought in the state or federal courts for Larimer County, Colorado. You and CareSwaps agree to the jurisdiction of those courts.

11.11 Survival

This Section 11 continues to apply after your subscription ends.

12. Automated Communications

12.1 Transactional Notifications

By subscribing, you agree to receive service emails from CareSwaps. These include:

• match alerts when a possible match is found;
• status updates on your request;
• account, billing, renewal and cancellation notices; and
• other service-related messages.

CareSwaps sends notices by email and through your dashboard. We do not send text messages. If we add text messaging later, we will ask for your separate consent first, and that consent will never be a condition of purchase.

12.2 Marketing Communications (Separate Consent Required)

We will not send you marketing emails or promotional messages unless you separately opt in. Agreeing to service messages does not mean agreeing to marketing.

12.3 Opting Out

You can stop non-essential notifications by emailing hello@careswaps.com. Some messages cannot be turned off because the law requires them or because they protect your account. These include breach notices, billing and renewal notices, and account security alerts. You do not have to agree to non-essential messages to keep your subscription.

13. Changes to This Agreement

CareSwaps may need to update this Agreement from time to time. If we make a material change, we will email you at least 30 days before it takes effect.

• Price changes follow Section 4.5.
• Other material changes take effect at the end of the 30-day notice period. If you disagree with a material change, you can cancel within those 30 days without penalty.
• Changes to Section 11 will not apply to a dispute you have already told us about in writing.
• If applicable law requires your express consent to a change, we will ask for it and will not apply the change without it.

14. General Terms

14.1 Entire Agreement and Order of Documents

This Agreement, together with your Information Sharing Authorization, the signed Colorado Referral Disclosure, our Terms of Service and our Privacy Policy, is the entire agreement between you and CareSwaps about your subscription. If this Agreement conflicts with the Terms of Service or the Privacy Policy, this Agreement controls. Nothing in this Agreement reduces any right you have under your Information Sharing Authorization or the signed Colorado Referral Disclosure.

14.2 Severability

If any part of this Agreement is found invalid or unenforceable, the rest of it stays in full effect. Section 11.9 explains what happens if Section 11.5 cannot be enforced.

14.3 No Waiver

If CareSwaps does not enforce a right under this Agreement, that does not mean we have given it up.

14.4 Assignment

You may not transfer this Agreement to anyone else without our written consent. CareSwaps may transfer this Agreement to a successor company, such as in a merger or sale of the business. If it does, we will tell you, and the successor must keep the promises in Section 6.

14.5 Accessibility

CareSwaps is committed to making the Platform accessible to everyone, including people with disabilities. If you run into an accessibility barrier, please contact us at hello@careswaps.com or (970) 306-7131.

14.6 Survival

Sections 6, 9, 10, 11 and 14 continue to apply after your subscription ends.

15. Contact Information

If you have questions about this Agreement, our service or your subscription, please contact us:

CareSwaps, LLC d/b/a PatientSwaps
2519 S. Shields St., Suite 1K PMB 1159
Fort Collins, CO 80526

• Email: hello@careswaps.com
• Privacy: privacy@careswaps.com
• Phone: (970) 306-7131
• Privacy Officer: Michael Ford, Owner

Acceptance

How you accept. You accept this Agreement by checking the acceptance box and clicking "I agree" on the checkout page before you pay. When you first log in to your dashboard, we will ask you to confirm your acceptance the same way. Each time, our system records:

• the date and time;
• the internet (IP) address used; and
• the version of this Agreement you accepted (CareSwaps Client Subscription Agreement v13 (2026-10-12)).

This Agreement takes effect when you first accept it at checkout. We will email you a copy, and you can ask us for your acceptance record at any time.

What you confirm. By accepting, you confirm that:

• you have read and understood this Agreement, including the automatic renewal terms in Section 4, the Colorado Referral Disclosures in Section 2.4, and the arbitration terms and opt-out right in Section 11;
• you are subscribing on your own behalf; and
• you are the resident, or you have legal authority to share your loved one's information and to act for them in seeking a transfer.

Separately signed documents. Two documents are signed separately from this click acceptance: your Information Sharing Authorization (signed on the intake form), and the Colorado Referral Disclosure, which you and CareSwaps both sign and date (Section 2.4.6).

Exhibit A: What's Included in Your CareSwaps Subscription

Your CareSwaps subscription at $299 per month (Section 4) includes:

• unlimited matching requests;
• access to the participating communities on our network;
• a dashboard to follow the status and timeline of your request;
• document checklists and templates;
• support from our team by email and phone; and
• access to Platform help resources.

Your subscription starts on the date you subscribe, renews monthly on that same date until you cancel, and has no minimum term.

Exhibit B: Privacy Summary (Plain Language)

What information do you collect?
Your name and contact details, your loved one's name and date of birth, care needs, insurance and payer information, preferred locations and timeline, and documents you upload about your legal authority. This information helps us find matching transfer options.

Who sees my loved one's information?
Before you approve a match, communities see only a few facts that do not identify your loved one: the type of care sought, the payer category, the move time window, and approximate distance. Your loved one's identifying details go only to the communities named in a match you confirm on your dashboard, and only through our secure portal.

Can I change my mind?
Yes. You can withdraw your authorization at any time with the cancel button on your dashboard or by emailing privacy@careswaps.com. We re-lock your loved one's details within 1 business day and tell the communities within 2 business days. We cannot recall information a community already received.

How do you protect my information?
We encrypt your information in transit and at rest, limit access to people who need it, and use service providers that have signed business associate agreements for the systems that store your loved one's health information.

Do you sell my information?
No. We never sell, rent or share your information or your contact information with advertisers, data brokers or marketing companies.

Can I see, correct or delete my information?
Yes. You can ask to see, correct or delete your information, ask for a list of who it was shared with and why, and ask us to limit how it is used. Contact Michael Ford at privacy@careswaps.com or (970) 306-7131.

How long do you keep my information?
We keep your information only as long as needed to provide the service and meet legal record-keeping duties, and never more than 6 years after your subscription ends unless the law requires longer. Then we securely delete it. You may ask us to delete it sooner, and we will, except for records the law requires us to keep.

What if there is a data breach?
We will notify you as the law requires. Under Colorado law (C.R.S. § 6-1-716), we will notify you within 30 days after we determine that a breach has occurred. The notice will explain what happened, what information was involved, and what we are doing to protect your information.

Who can I contact with privacy questions?
Michael Ford, Privacy Officer, at privacy@careswaps.com or (970) 306-7131.

End of CareSwaps Client Subscription Agreement v13 (2026-10-12)