Terms of Service

ELDERASSIST TERMS OF SERVICE
Last Updated: August 24, 2026

IMPORTANT NOTICE: ELDERASSIST IS NOT MEDICAL SOFTWARE

ElderAssist is a family coordination and reminder tool designed to help families stay connected with elderly loved ones. It does NOT provide medical diagnosis, medical advice, treatment recommendations, emergency medical response, or access to medical records.

Medication reminders are based on schedules entered by family members, NOT medical records. Wellbeing check-ins and vital signs are self-reported by elderly users, NOT medical diagnoses. ElderAssist is NOT a substitute for professional medical care. Always consult qualified healthcare providers for medical decisions.

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") are an agreement between you and ElderAssist LLC, a Washington limited liability company ("ElderAssist", "we", "us", or "our"). By creating an account or using ElderAssist's websites, dashboards, or mobile application (together, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

Caregivers who use the ElderAssist Caregiver Portal are subject to the separate Caregiver Terms of Service presented in that portal. If a home care agency provides your family's subscription, the agency has its own agreement with us; these Terms still govern your own use of the Service.

2. DESCRIPTION OF SERVICE

ElderAssist provides a technology platform that enables:
- Medication schedule management and reminders
- Wellness check-ins, vital sign tracking, and wellbeing insights
- Family communication and coordination
- Connection and communication with caregivers (where available)
- Emergency contact management and SOS alerts

3. ACCOUNT REGISTRATION

To use the Service, you must:
- Be at least 18 years old
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use

You are responsible for all activities that occur under your account.

4. SUBSCRIPTION AND PAYMENT

4.1 Subscription Plans
The Service is offered on a subscription basis. Current pricing and plan details are available on our website.

4.2 Billing
- Subscriptions are billed in advance on a recurring basis
- You authorize us to charge your payment method automatically
- Prices may change with 30 days notice

4.3 Cancellation and Refunds
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
- Refunds are provided only as required by applicable law; no refunds are provided for partial billing periods

4.4 Agency-Sponsored Accounts
If a home care agency sponsors your family's account, you are not billed while the sponsorship is active. If the sponsorship ends for any reason, we will notify you and give you at least 30 days of continued full service and the option to subscribe directly. Our Privacy Policy describes what a sponsoring agency can and cannot see.

5. PLATFORM NATURE AND CAREGIVER DISCLAIMER

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

5.1 ElderAssist Is a Platform Only
ElderAssist is a technology platform that facilitates connections between families and caregivers, where that feature is available. We are NOT an employment agency, caregiver provider, or healthcare provider.

5.2 No Credential Verification
- We collect and display professional credentials uploaded by caregivers
- We do NOT verify the authenticity of uploaded certificates, licenses, or documents
- We do NOT guarantee that any credential displayed is valid or current
- We do NOT contact educational institutions or licensing boards to verify credentials

5.3 Background Checks
- Background checks, where available, are conducted by independent third-party providers
- ElderAssist does NOT conduct background checks
- ElderAssist does NOT verify or guarantee background check results
- Background check availability varies by location

5.4 Your Responsibility
- YOU are 100% responsible for verifying caregiver credentials
- YOU are responsible for conducting your own due diligence before hiring
- YOU are responsible for all hiring decisions
- YOU should independently verify all credentials, references, and qualifications
- YOU should conduct your own interviews and assessments

5.5 No Endorsement or Guarantee
- ElderAssist does NOT employ, endorse, recommend, or guarantee any caregiver
- Listing on our platform is NOT an endorsement of quality, safety, or reliability
- We make NO representations about caregiver suitability for any purpose

6. USER RESPONSIBILITIES

You agree to:
- Use the Service only for lawful purposes
- Provide accurate information about elderly users in your care
- Not share account credentials with unauthorized persons
- Not use the Service to harass, abuse, or harm others
- Not attempt to access other users' accounts or data
- Not resell or redistribute the Service without authorization
- Comply with all applicable laws and regulations

7. ELDERLY USER CONSENT

You represent that:
- You have appropriate authority to manage care for elderly users you add
- You have obtained necessary consent from elderly users or their legal guardians
- You will respect the privacy and dignity of elderly users

Elderly users are also asked directly, in the mobile app, to agree to sharing their information with your family before check-ins and location sharing begin.

8. INTELLECTUAL PROPERTY

All content, features, and functionality of the Service are owned by ElderAssist LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our content without permission.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 ElderAssist is NOT liable for:
- Actions, conduct, or quality of service of any caregiver
- Accuracy of information provided by caregivers
- Any harm, injury, or damage resulting from caregiver services
- Decisions you make based on information in the Service
- Medical outcomes or health-related consequences
- Loss of data or service interruptions
- Indirect, incidental, special, or consequential damages

9.2 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.3 Liability Cap
IN NO EVENT SHALL ELDERASSIST'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. TECHNOLOGY AND THIRD-PARTY SERVICES DISCLAIMER

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

10.1 Third-Party Services and Infrastructure
ElderAssist relies on third-party services and infrastructure to operate, including but not limited to cloud hosting providers, data centers, payment processors, email delivery services, and telecommunications networks. ElderAssist does NOT control and is NOT liable for any failure, interruption, delay, or degradation of these third-party services, regardless of the cause.

10.2 Hardware Devices and Connectivity
Certain features of ElderAssist, including but not limited to the optional pendant SOS accessory, depend on hardware devices, Bluetooth connectivity, cellular networks, GPS signals, Wi-Fi networks, and smartphone functionality. ElderAssist does NOT manufacture, warrant, or guarantee the performance, reliability, or availability of any hardware device, wireless connection, or network infrastructure. You acknowledge that:
- Bluetooth connections may be interrupted by distance, obstacles, or interference
- GPS and location accuracy depend on environmental conditions and device capabilities
- Cellular and internet connectivity depend on third-party network providers
- Hardware devices may malfunction, lose battery power, or fail without warning
- Smartphone operating systems and updates may affect application functionality

10.3 Emergency and SOS Features
The on-screen SOS button, the optional pendant SOS accessory, and any other emergency features provided by ElderAssist are SUPPLEMENTARY COMMUNICATION AIDS ONLY. They are NOT substitutes for professional emergency services. When the SOS button in the mobile app is activated, the app attempts to: (a) initiate a phone call to local emergency services from the elderly user's own phone, and (b) send SMS text message alerts containing the user's GPS location to designated emergency contacts. A pendant SOS activation sends the SMS alerts only; it does not place a phone call. On certain mobile operating systems, the device may require additional user confirmation before completing an emergency call. ElderAssist does NOT guarantee that any call, alert, notification, or SOS signal will be successfully transmitted, received, or acted upon. The successful completion of emergency calls depends on cellular network availability, device functionality, carrier infrastructure, and factors beyond ElderAssist's control. Location accuracy depends on GPS signal strength, environmental conditions, and device capabilities. The delivery of location information to emergency dispatchers is handled by the mobile carrier's emergency call infrastructure, not by ElderAssist. You MUST maintain independent access to emergency services and should NEVER rely solely on ElderAssist for emergency situations. ElderAssist is NOT a monitored emergency response service and does NOT employ or dispatch emergency responders.

10.4 No Guarantee of Availability or Performance
ElderAssist does not guarantee uninterrupted, timely, secure, or error-free operation of the Service. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet, electronic communications, and third-party platforms. ElderAssist is not responsible for any delays, delivery failures, or other damage resulting from such problems. Scheduled and unscheduled maintenance, software updates, or infrastructure changes may result in temporary service unavailability.

10.5 Force Majeure
ElderAssist LLC shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of God, pandemics or epidemics, war or armed conflict, terrorism, government actions or regulations, power outages, internet or telecommunications failures, cyberattacks, hardware failures, third-party service provider outages, or any other event beyond ElderAssist's reasonable control.

11. INDEMNIFICATION

You agree to indemnify and hold harmless ElderAssist LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your hiring of or interaction with caregivers
- Your violation of any third party rights

12. TERMINATION

12.1 By You
You may terminate your account at any time through the account settings.

12.2 By ElderAssist
We may suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Fail to pay subscription fees

12.3 Effect of Termination
Upon termination:
- Your access to the Service will cease
- Your data will be handled according to our Privacy Policy
- You remain liable for any outstanding fees

13. DISPUTE RESOLUTION

13.1 Governing Law
These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-laws rules.

13.2 Informal Resolution
Before filing a legal claim, you agree to contact us and attempt to resolve the dispute informally.

13.3 Arbitration
Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.

14. CHANGES TO TERMS

We may modify these Terms at any time. We will notify you of material changes by:
- Email notification
- Notice in the application
- Posting on our website

Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. MISCELLANEOUS

15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ElderAssist regarding the Service.

15.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision.

16. CONTACT US

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

ElderAssist Support
Email: [email protected]