Terms of Service

Effective Date: July 8, 2026

1. Introduction & Acceptance

By using ElderMate, you agree to these terms. If you do not agree, please do not use the app.

Welcome to ElderMate (“Service”), operated by ElderMate (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the ElderMate mobile application, website, AI-powered calling service, and all related features and functionality.

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and ElderMate. We reserve the right to update these Terms as described in Section 12 below.

2. Service Description

ElderMate uses AI to make wellness check-in calls to your loved ones and provides you with summaries, mood analysis, and health signal alerts.

ElderMate is a caregiving companion platform that enables guardians to schedule automated AI-powered wellness check-in calls to elderly loved ones. The Service includes:

(a) Account and Profile Management: Guardians create an account, add loved ones with their phone number, timezone, and optional health notes, and manage their caregiving preferences.

(b) Automated AI Calls: Our AI voice agent places phone calls to loved ones at scheduled times. The agent engages in natural conversation, guided by the guardian’s configuration and health notes.

(c) Call Analysis and Reporting: After each call, the AI analyzes the conversation transcript to assess mood (positive, neutral, or needs attention), detect potential distress signals, health concerns, loneliness indicators, and medication compliance. Guardians receive call summaries, transcripts, identified topics, and action items through the app.

(d) Alert System: The Service generates alerts when concerning signals are detected, categorized by severity (critical, warning, or informational) and type (missed calls, missed medications, emotional distress, health concerns, loneliness).

(e) Push Notifications: Guardians receive real-time push notifications for new alerts and call status updates.

(f) Scheduling: Guardians can configure one-time, daily, or custom recurring call schedules at specific times in the loved one’s timezone, with options for medication-reminder calls or general/custom check-in calls.

3. Account & Eligibility

You must be at least 18 years old. You are responsible for keeping your account secure, and only one account per person is permitted.

3.1 Age Requirement: You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent and warrant that you are at least 18 years old.

3.2 Account Limits: Each individual may maintain only one ElderMate account. Creating multiple accounts is prohibited and may result in termination of all associated accounts.

3.3 Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any authentication tokens. You agree to notify us immediately at yravinderkumar33@gmail.com if you become aware of any unauthorized access to or use of your account.

3.4 Account Responsibility: You are responsible for all activity that occurs under your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from unauthorized use of your account where you have failed to maintain adequate account security.

3.5 Accurate Information: You agree to provide accurate, current, and complete information during account registration and to keep your account information updated. Providing false or misleading information may result in suspension or termination of your account.

You must have your loved one’s informed consent before setting up AI calls on their behalf. You are responsible for keeping their phone number and health information accurate.

4.1 Consent Requirement: By adding a loved one to the Service and scheduling calls on their behalf, you represent and warrant that you have obtained the loved one’s informed, voluntary consent to receive automated AI-powered phone calls from ElderMate. This consent must be obtained before any calls are initiated.

4.2 Informing the Loved One: You are responsible for clearly informing your loved one that: (a) the calls are placed by an artificial intelligence agent, not a human; (b) the conversations are recorded and analyzed; (c) call summaries, transcripts, mood assessments, and health signal analysis will be shared with you as the guardian; and (d) they may request to stop receiving calls at any time.

4.3 Phone Number Accuracy: You are responsible for providing and maintaining an accurate phone number for each loved one. Calls placed to an incorrect number due to inaccurate information you provided are your responsibility. ElderMate is not liable for calls placed to wrong numbers.

4.4 Health Notes Accuracy: Any health notes, medication information, or medical context you provide about a loved one should be accurate and current to the best of your knowledge. Inaccurate health information may affect the quality and relevance of AI analysis and alerts.

4.5 Withdrawal of Consent: If a loved one withdraws their consent to receive calls, you must promptly disable or delete their call schedules. Continuing to schedule calls to a person who has withdrawn consent is a violation of these Terms.

4.6 Legal Authority: You represent that you have the legal authority and, where applicable, the appropriate guardianship, power of attorney, or familial relationship to act on behalf of the loved one in setting up this Service.

4.7 AI Data-Sharing Consent: Before any wellness or preview call is placed, the app asks you to review and agree to a disclosure identifying the third-party AI and telephony providers we share data with (including ElevenLabs, Twilio, Google/Gemini, and OpenAI) and the data shared with them, as described in our Privacy Policy. No call is placed and no data is shared with those providers until you agree. By agreeing, you confirm you have the loved one’s permission described in Sections 4.1 and 4.2. You may withdraw this consent at any time in the app under Profile → AI & data sharing, which stops all future calls.

5. Subscription & Payment

ElderMate is a paid subscription service billed through the Apple App Store or Google Play. Refunds follow the respective app store’s policies.

5.1 Paid Service: Access to ElderMate requires a paid subscription. Subscription plans, pricing, and included features are displayed in the app and may be updated from time to time.

5.2 Billing: All subscription payments are processed through the Apple App Store or Google Play Store, depending on your device platform. By subscribing, you agree to the payment terms presented at the time of purchase, including the subscription price and billing cycle.

5.3 Recurring Billing: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize the applicable app store to charge your selected payment method on a recurring basis until you cancel.

5.4 Cancellation: You may cancel your subscription at any time through the Apple App Store or Google Play Store subscription management settings on your device. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the period you have already paid for.

5.5 Refunds: Refund requests are handled in accordance with the policies of the Apple App Store or Google Play Store, as applicable. ElderMate does not directly process refunds. Please contact the respective app store for refund inquiries.

5.6 Price Changes: We may change subscription prices at any time. Price changes will take effect at the start of your next billing period following reasonable notice. Continued use of the Service after a price change constitutes your acceptance of the new price.

5.7 Free Trials: If we offer a free trial, you may be required to provide payment information. Unless you cancel before the trial ends, your subscription will automatically convert to a paid plan at the posted rate.

6. AI & Call Disclaimers

ElderMate is not a medical service or emergency response system. AI analysis may contain errors. Always consult healthcare professionals for medical concerns.

6.1 Not a Medical Service: ElderMate is a wellness companion tool and is NOT a medical device, medical service, diagnostic tool, or healthcare provider. The mood assessments, health signal detections, and other analyses generated by our AI are informational only and do not constitute medical advice, diagnosis, or treatment.

6.2 AI Limitations: The AI system powering ElderMate may produce inaccurate, incomplete, or misleading results. Mood assessments may not reflect the loved one’s true emotional state. Health signal detections may produce false positives or fail to detect genuine concerns. Medication compliance assessments may be inaccurate. You should not rely solely on ElderMate output to make decisions about a loved one’s health or well-being.

6.3 Not an Emergency Service: ElderMate is NOT an emergency response service. If you believe your loved one is experiencing a medical emergency, call your local emergency services (such as 911 in the United States) immediately. Do not wait for or rely on ElderMate alerts to respond to emergencies.

6.4 Not a Replacement for Care: ElderMate is intended to supplement, not replace, personal caregiving, regular medical checkups, and direct human interaction with your loved one. The Service does not reduce or eliminate your responsibilities as a caregiver.

6.5 Call Delivery: We do not guarantee that every scheduled call will be successfully placed or completed. Call delivery depends on telecommunications infrastructure, the loved one’s phone being on and reachable, and other factors outside our control. Missed or failed calls do not constitute negligence on our part.

6.6 Conversation Quality: The quality and depth of AI conversations may vary based on the loved one’s hearing, speaking clarity, phone connection quality, background noise, and other environmental factors. We do not guarantee any particular conversation outcome.

7. Acceptable Use

Use ElderMate as intended. Do not misuse the service, attempt to reverse-engineer it, or provide deliberately false information.

7.1 Permitted Use: You may use the Service only for its intended purpose: scheduling and managing AI wellness check-in calls to loved ones for whom you are a caregiver or guardian, and reviewing the resulting reports and alerts.

7.2 Prohibited Conduct: You agree NOT to:

(a) Use the Service to place calls to individuals who have not consented to receive them;

(b) Use the Service for any unlawful, harassing, abusive, or fraudulent purpose;

(d) Attempt to reverse-engineer, decompile, disassemble, or otherwise extract the source code of the Service or its AI models;

(e) Attempt to circumvent, disable, or interfere with any security features or access controls of the Service;

(f) Use automated scripts, bots, or other means to access the Service outside of the provided app interface;

(g) Resell, sublicense, or commercially exploit the Service or any data derived from it without our prior written consent;

(h) Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure;

(i) Collect or harvest personal information of other users; or

(j) Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

7.3 Enforcement: We reserve the right to investigate and take appropriate action against any violations of this Section, including suspending or terminating your account and reporting illegal activity to law enforcement.

8. Intellectual Property

ElderMate owns the service and its technology. You retain ownership of your personal data and content you provide.

8.1 Our Intellectual Property: The Service, including its software, AI models, algorithms, user interface designs, branding, logos, documentation, and all related intellectual property, is owned by ElderMate and protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership rights in the Service.

8.2 Your Data: You retain all ownership rights to the personal data and content you provide through the Service, including loved one information, health notes, and any other data you input. By using the Service, you grant ElderMate a limited, non-exclusive license to use, process, and store your data solely for the purpose of providing and improving the Service as described in our Privacy Policy.

8.3 Feedback: If you provide us with suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

8.4 Trademarks: “ElderMate” and associated logos are trademarks of ElderMate. You may not use our trademarks without our prior written permission.

9. Limitation of Liability

The service is provided “as is.” ElderMate is not liable for missed calls, inaccurate AI analysis, or delayed alerts. Our total liability is capped at the fees you have paid.

9.1 As-Is Basis: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee: We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee the accuracy, reliability, or completeness of any AI-generated content, analysis, or alerts.

9.3 Specific Exclusions: WITHOUT LIMITING THE FOREGOING, ELDERMATE SHALL NOT BE LIABLE FOR:

(a) Missed, failed, or delayed calls for any reason;

(b) Inaccurate, incomplete, or misleading AI-generated mood assessments, health signal detections, summaries, or other analyses;

(d) Any actions taken or not taken by you or any third party based on information provided by the Service;

(e) Any harm, injury, or adverse outcome experienced by a loved one, whether or not related to use of the Service; or

(f) Telecommunications failures, network outages, or other infrastructure issues beyond our control.

9.4 Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELDERMATE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO ELDERMATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.5 Exclusion of Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELDERMATE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ELDERMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.6 Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by law.

10. Termination

You can cancel your account anytime. We may suspend or terminate accounts that violate these terms. Deleting your account removes all your data.

10.1 Termination by You: You may cancel your subscription and delete your account at any time through the app’s settings. Account deletion is permanent and will cascade to remove all associated data, including loved one profiles, call records, transcripts, summaries, alerts, and schedules.

10.2 Termination by Us: We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe that: (a) you have violated these Terms; (b) your use of the Service poses a risk to ElderMate, other users, or third parties; (c) your account has been compromised; or (d) continued provision of the Service to you is no longer commercially viable.

10.3 Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. We are not obligated to retain any of your data after account deletion or termination, except as required by applicable law.

10.4 Survival: Sections relating to intellectual property, limitation of liability, indemnification, governing law, and any provisions that by their nature should survive, will continue to apply after termination.

10.5 No Refund on Termination for Cause: If we terminate your account due to a violation of these Terms, you are not entitled to a refund of any prepaid subscription fees.

11. Governing Law

These terms are designed to be enforceable internationally. Any disputes will be resolved through binding arbitration where possible, or in a court of competent jurisdiction.

11.1 Applicable Law: These Terms shall be governed by and construed in accordance with applicable law in your jurisdiction of residence, to the extent such law provides mandatory consumer protections that cannot be waived by agreement.

11.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration under the rules of a recognized arbitration institution in your jurisdiction, to the extent permitted by local law.

11.3 Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11.4 Exceptions: Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for the protection of intellectual property rights or to prevent irreparable harm.

11.5 Consumer Rights: Nothing in these Terms is intended to limit any mandatory consumer protection rights that apply to you under the laws of your jurisdiction of residence.

12. Changes to Terms

We will give you at least 30 days’ notice before material changes take effect. Continued use after that period means you accept the updated terms.

12.1 Right to Modify: We reserve the right to modify these Terms at any time. Changes will be effective as described below.

12.2 Notice of Material Changes: For material changes to these Terms, we will provide at least thirty (30) days’ advance notice before the changes take effect. Notice will be provided through one or more of the following methods: (a) an in-app notification; (b) an email to the address associated with your account; or (c) a prominent notice within the app.

12.3 Acceptance Through Continued Use: Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and cancel your account before the changes take effect.

12.4 Non-Material Changes: Non-material changes, such as corrections of typographical errors, formatting updates, or clarifications that do not alter the substance of these Terms, may be made at any time without prior notice.

12.5 Version History: The effective date at the top of these Terms indicates when the most recent revision took effect.

13. Contact Us

Have questions about these terms? Reach out to us anytime.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

ElderMate Email: yravinderkumar33@gmail.com

We aim to respond to all inquiries within a reasonable timeframe. For urgent matters related to account security or safety concerns about a loved one, please include “URGENT” in your subject line.

These Terms of Service were last updated on July 8, 2026. By continuing to use ElderMate, you acknowledge and agree to these Terms.