Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and ElderCare Companion Inc., a Canadian corporation ("ElderCare Companion", "we", "us", or "our"), governing your access to and use of our home-care management platform — including the web dashboard, the iOS and Android mobile applications, and all related services and APIs (together, the "Service"). Please read them carefully.

The Service is not a medical device and does not provide medical advice. ElderCare Companion supports caregivers and care-coordination teams; it does not replace professional clinical judgement. In an emergency, call 911 immediately. Do not rely on the Service to deliver time-critical clinical alerts.

1. Acceptance & Eligibility

By creating an account, accessing the Service, or clicking "I agree", you accept these Terms and our Privacy Policy. If you are using the Service on behalf of a home-care agency, facility, government department, or other organization (a "Customer"), you represent that you have authority to bind that organization, and "you" in these Terms refers to that organization.

You must be at least 16 years old to use the Service as a registered user. The Service is designed for use within Canada; we make no representation that it is appropriate for use in other jurisdictions.

2. The Service

ElderCare Companion provides software for home-care agencies and long-term care facilities, including: GPS-verified clock-in/clock-out, scheduling and shift management, digital medication administration records (MAR), care planning, incident reporting, family-portal access, audit logging, and provincial-compliance reporting. We may add, modify, or remove features from time to time; material changes that affect Customer workflows will be communicated in advance.

3. Accounts & Roles

You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You must notify us immediately if you suspect any unauthorized access. We assign each user a role (e.g. PSW, nurse, supervisor, administrator, scheduler, family member); the role determines what data you may view and what actions you may perform.

Multi-factor authentication (MFA) is available to all users and is required for users with administrator or super-administrator privileges. We may require MFA for additional roles where doing so is necessary to safeguard personal health information.

4. Subscription, Trial & Billing

The Service is offered to Customers on a subscription basis under the plan and price set out in your order form or — for self-serve sign-ups — at eldercare-companion.com/pricing. Subscriptions auto-renew at the end of each billing period unless cancelled before renewal. New organizations may be granted a free trial; the trial converts to a paid subscription on the date specified at sign-up unless cancelled.

Fees are payable in advance, are non-refundable except where required by law, and exclude applicable taxes (HST/GST/PST). Unpaid fees more than thirty (30) days past due may result in suspension of the Service. We may change pricing on at least thirty (30) days' notice.

Payment processing is handled by Stripe; your payment-card details are submitted directly to Stripe and are not stored on our systems.

5. Mobile-App Licence

Subject to these Terms, ElderCare Companion grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the mobile app on devices you own or control, solely to access the Service. You may not copy, modify, decompile, reverse-engineer, or attempt to derive the source code of the app, except to the extent that the foregoing restriction is prohibited by applicable law.

Apple App Store users. The licence granted in this section is further restricted to use on Apple-branded products that you own or control and as permitted by the App Store Terms of Service. You acknowledge that these Terms are between you and ElderCare Companion (not Apple), and that Apple has no obligation to provide maintenance or support for the app. Apple is a third-party beneficiary of these Terms with respect to the app and, upon your acceptance, has the right to enforce them against you.

Google Play users. Your use of the app is also subject to the Google Play Terms of Service. To the extent of any conflict, these Terms govern as between you and us.

6. Customer Data

You retain ownership of and responsibility for all information you submit to the Service ("Customer Data"), including personal health information about your patients or clients. You grant us a worldwide, royalty-free licence to host, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Service in accordance with these Terms and our Privacy Policy.

You represent and warrant that: (a) you have all rights and consents necessary to submit Customer Data to the Service, including any consents required from patients, clients, substitute decision-makers, or employees under PIPEDA, the applicable provincial health privacy law, employment standards legislation, and any union agreement covering your workforce; (b) Customer Data does not infringe any third-party rights; and (c) Customer Data is accurate to the extent we rely on it to provide the Service.

Where you act as a custodian or trustee of personal health information, our processing of that information is also governed by the data-processing agreement entered into between you and us.

7. Acceptable Use

You agree not to (and not to permit any user to):

• use the Service in violation of any applicable law, including health, employment, and privacy law;
• upload viruses, malware, or other malicious code, or attempt to interfere with the Service's integrity, security, or availability;
• attempt to gain unauthorized access to any account, tenant, server, or data, or circumvent any access control;
• use any data scraping, harvesting, or automated extraction tool against the Service, other than the authenticated APIs we provide;
• resell, sublicense, white-label, or expose the Service to third parties without our prior written consent;
• use the Service to deliver or store content that is unlawful, defamatory, harassing, or that violates the rights of any person;
• misuse the GPS-override feature to falsify clock-in records;
• use the Service to make automated decisions that have a significant effect on a person without ensuring an appropriate human review.

We reserve the right to investigate suspected violations and to suspend access where doing so is necessary to protect the Service or other users. We will give reasonable notice where practical, except where doing so would compromise an investigation or risk further harm.

8. Service Availability & Support

We aim for 99.5% monthly availability of the production Service, excluding scheduled maintenance windows announced at least 24 hours in advance, force-majeure events, and outages caused by upstream sub-processors. Email support is available at support@eldercare-companion.com. Plan-specific response times are described on our pricing page.

The Service is provided online-first. The mobile app supports limited offline use for clock-in, care notes, and medication recording; offline data is encrypted on the device and synchronized when connectivity is restored.

9. Confidentiality

Each party will protect the other's confidential information using the same degree of care it uses to protect its own confidential information of similar sensitivity, and in any case no less than reasonable care. The receiving party will use confidential information only for purposes permitted under these Terms and will not disclose it to third parties except to its personnel and contractors who are bound by equivalent confidentiality obligations and need to know it for those purposes.

10. Intellectual Property

The Service, including all software, design, content, and trademarks, is owned by ElderCare Companion or its licensors and is protected by Canadian and international intellectual property law. Except for the limited rights expressly granted in these Terms, no rights in the Service are transferred to you. Feedback you provide may be used by us without compensation or attribution.

11. Third-Party Services

The Service interoperates with third-party services such as Stripe (billing), Sentry (error monitoring), Expo (mobile build and push delivery), Apple Push Notification Service, and Firebase Cloud Messaging. Your use of those services is subject to their own terms. We are not responsible for third-party services or for their availability.

12. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and uninterrupted access. We do not warrant that the Service will meet every requirement, will be error-free, or will operate without interruption.

The Service is a record-keeping and coordination tool. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. Reminders, alerts, and notifications generated by the Service are best-effort and must not be relied upon for time-critical clinical decisions.

13. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost revenue, lost goodwill, or loss of data — arising out of or in connection with these Terms or the Service, even if advised of the possibility.

Each party's aggregate liability arising from or related to these Terms in any twelve-month period will not exceed the fees paid or payable by the Customer to ElderCare Companion in the twelve months preceding the event giving rise to liability. Where you accessed the Service through a free plan, our aggregate liability is limited to one hundred Canadian dollars (CAD $100).

The limitations in this section do not apply to: (a) a party's indemnification obligations; (b) breach of confidentiality; (c) infringement of the other party's intellectual property rights; (d) liability that cannot be limited under applicable law (such as gross negligence or wilful misconduct, where applicable).

14. Indemnification

By you. You will defend, indemnify, and hold harmless ElderCare Companion from and against any third-party claim arising out of (a) Customer Data, including any claim that your use of Customer Data violates law or infringes the rights of any person; (b) your breach of Section 7 (Acceptable Use); or (c) your use of the Service in violation of these Terms.

By us. We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a Canadian copyright, trademark, or trade secret, and we will pay damages and costs finally awarded against you in such a claim. Our obligation does not apply to claims based on Customer Data or on modifications to the Service not made by us.

15. Termination & Suspension

You may cancel your subscription at any time through the Service or by contacting us; cancellation takes effect at the end of your then-current billing period. We may suspend or terminate your access for material breach of these Terms after notice and a reasonable opportunity to cure (except where breach involves security, abuse, or illegal activity, in which case immediate suspension may be necessary). Either party may terminate for the other's insolvency.

For a period of thirty (30) days following termination we will, on request, provide a machine-readable export of your Customer Data via the Service's data-export feature. After that period, Customer Data is deleted from primary storage; backups roll off within a further thirty (30) days. Sections of these Terms that by their nature should survive — including Sections 6 (ownership of Customer Data), 9 (Confidentiality), 10 (IP), 12 (Disclaimers), 13 (Limitation), 14 (Indemnification), and 17 (Governing Law) — survive termination.

16. Changes to These Terms

We may update these Terms from time to time. For material changes — for example, changes to fees, the licence grant, or limitations of liability — we will give Customers at least thirty (30) days' notice by email and in-app banner. For non-material changes, the updated Terms take effect on the "Last updated" date at the top of this page. Continued use after the effective date constitutes acceptance of the updated Terms; if you do not agree, you must stop using the Service before the effective date.

17. Governing Law & Disputes

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The parties agree to the exclusive jurisdiction of the courts of Nova Scotia for any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer in a Canadian province whose consumer-protection law gives you non-waivable rights inconsistent with this section, those rights apply.

18. Export & Sanctions

You may not access or use the Service from any country or by any person subject to Canadian sanctions or embargoed by the Government of Canada. You represent that you are not on any Canadian or foreign restricted-party list applicable to the Service.

19. General

Entire agreement. These Terms (with the Privacy Policy and any data-processing agreement, order form, or written addendum) are the entire agreement between you and us on this subject and supersede prior agreements.

Assignment. You may not assign these Terms without our prior written consent; we may assign without consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

No waiver. A failure to enforce any right is not a waiver of that right.

Notices. We may give notice to you by email to the address on file or by in-app message. You give notice to us at the address in Section 20.

Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont convenu que la présente convention et tous les documents s'y rattachant soient rédigés en anglais.

20. Contact

ElderCare Companion Inc.
[REGISTERED ADDRESS — please complete]
Legal: legal@eldercare-companion.com
Support: support@eldercare-companion.com
Privacy: privacy@eldercare-companion.com
Web: Contact Form