Terms of Service

ElderNex ("we," "us," or "our") operates a care coordination platform (the "Service") accessible via our website and web application. By accessing or using the Service, you ("you" or "User") agree to these Terms, our Privacy Policy, and our Cookie Policy.

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

ElderNex is a care coordination tool that helps families organize, track, and manage care for aging parents and loved ones. The Service includes:

• Care recipient profiles with medical information tracking.
• Task management, appointment scheduling, and medication tracking.
• Family team coordination with role-based access control.
• Care notes, symptom logging, expense tracking, and document storage.
• AI-assisted features for care insights and task suggestions.

You acknowledge and agree that:

• The Service is a coordination and organization tool, not a substitute for professional medical advice, diagnosis, or treatment.
• AI-generated content (including care insights, task suggestions, and chat responses) is provided for informational convenience only and may contain errors or inaccuracies.
• You should never rely on AI suggestions for medical decisions. Always consult qualified healthcare professionals.
• You should never disregard or delay seeking professional medical advice because of information provided by the Service.
• In a medical emergency, call 911 (or your local emergency number) immediately. Do not rely on ElderNex for emergency care coordination.

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account credentials.
• Notify us immediately of any unauthorized access to your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for unauthorized purposes.

The Service allows you to create a "household" and invite other users to collaborate on care coordination. When using household features:

• Owners have full control over the household, including managing members, roles, plan access, and all care data.
• Editors can create, modify, and delete care data.
• Viewers can view care data but cannot modify or delete it.
• By inviting someone to your household, you consent to sharing the household's care data with that person at their assigned permission level.
• You are responsible for ensuring that individuals you invite are authorized to view the care data in your household.

The Service includes optional AI-powered features. By using these features, you agree:

• AI responses are generated by third-party AI models and may be inaccurate, incomplete, or inappropriate. We do not guarantee the accuracy of AI output.
• Care data from your current profile is sent to our AI processing provider to generate responses. This data is processed securely and not used for model training.
• AI-suggested actions (creating tasks, notes, etc.) are always presented for your review before execution. You are responsible for reviewing and approving all AI-suggested actions.
• We reserve the right to limit AI usage to prevent abuse, including rate limits on requests.

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any applicable law.
• Upload malicious content, viruses, or harmful code.
• Attempt to gain unauthorized access to other users' accounts or data.
• Interfere with or disrupt the Service or its infrastructure.
• Use automated tools (bots, scrapers) to access the Service without permission.
• Impersonate another person or misrepresent your affiliation with any entity.
• Use the Service to store data for individuals without their knowledge or consent.
• Attempt to circumvent rate limits, security measures, or access controls.

You own your data. All care data, notes, documents, and other content you create in the Service remains your property. We do not claim ownership of your content.

By using the Service, you grant us a limited, non-exclusive license to store, process, and display your content solely for the purpose of providing the Service to you and your household members.

You are responsible for the accuracy and legality of the content you upload. You represent that you have the right to share any information you enter about care recipients and that you have obtained any necessary consent from them (or their legal guardians) to store their information in the Service.

ElderNex currently offers a self-serve free plan. Expanded household plans may be made available separately and are described on our Pricing page.

• Free plans may have limitations on features, storage, or usage.
• If your household receives access to an expanded plan, billing and renewal terms will be provided separately at the time of activation.
• We reserve the right to change plan availability or pricing with reasonable notice.

You may stop using the Service at any time. You may delete your account from the in-app account settings when no other household members remain. If your household is still shared with other members, contact us at legal@eldernex.com for assistance.

We may suspend or terminate your access if you violate these Terms, engage in abusive behavior, or if we are required to do so by law. We will make reasonable efforts to notify you before termination unless prohibited by law.

Upon termination, your right to use the Service ceases immediately. We may retain your data for a reasonable period to comply with legal obligations, resolve disputes, and enforce our agreements. You may request data export before or after termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure.
• Results obtained from the Service (including AI features) will be accurate or reliable.
• Any errors in the Service will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELDERNEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES RESULTING FROM:

• Your use of or inability to use the Service.
• Any decisions made based on AI-generated content or suggestions.
• Unauthorized access to or alteration of your data.
• Any third-party conduct on the Service.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

You agree to indemnify, defend, and hold harmless ElderNex and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Content you upload or share through the Service.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall first be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

We may update these Terms from time to time. We will notify you of material changes by posting a notice on the Service or sending an email to the address associated with your account. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

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