Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Elderisyn mobile application and website (collectively, the "Service") provided by Elderisyn ("we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using 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 may not use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Not Medical Advice

This section is critically important and constitutes a fundamental condition of your use of the Service:

• Elderisyn is not a medical device and is not intended to be used as one.
• The Service does not provide medical advice, diagnoses, or treatment recommendations.
• AI-assisted analysis features are designed to help organize and surface patterns in your observations. They do not constitute clinical assessment.
• Reports generated by the Service are summaries of your own observations, not clinical evaluations.
• The Service is not a substitute for professional medical advice, diagnosis, or treatment.
• Always consult qualified healthcare professionals for medical decisions regarding the individuals in your care.
• If you believe someone is experiencing a medical emergency, call your local emergency services immediately.

4. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• The accuracy of the observations and information you record
• Obtaining any necessary consent from individuals whose health information you record
• Notifying us immediately of any unauthorized use of your account

5. Consent and Authorization

By recording observations about another individual's cognitive or behavioral health, you represent that you have the legal authority and, where applicable, the consent of the individual (or their legal representative) to record and store this information using the Service.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Record information about individuals without proper authorization
• Attempt to access other users' accounts or data
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to develop competing products
• Misrepresent the Service's output as clinical or diagnostic information

7. Subscription and Payment

The Service offers a free tier and a paid Pro subscription. For Pro subscriptions:

• Payment is processed through our third-party payment provider
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through the app
• No refunds are provided for partial billing periods
• We reserve the right to change pricing with 30 days' notice

8. Intellectual Property

The Service, including its design, features, and content (excluding user-generated observations), is owned by Elderisyn and protected by intellectual property laws. You retain ownership of the observations and data you create using the Service.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy and HIPAA Notice, which describe how we collect, use, and protect your information.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided "as is" and "as available" without warranties of any kind.
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
• We are not liable for any decisions made based on information provided through the Service.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
• Our total liability shall not exceed the amount you paid for the Service in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Elderisyn and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms. You may delete your account at any time. Upon termination, your right to use the Service ceases immediately, and your data will be handled according to our Privacy Policy.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through the app or via email at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

15. Contact

For questions about these Terms, please contact us at legal@elderisyn.com.