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Terms & Conditions

ElderWatch AI — Terms & Conditions

Version 1.0.0 — Effective Date: [INSERT DATE]

This document is a production-ready template. It must be reviewed and finalized by qualified legal counsel licensed in your jurisdiction(s) of operation before launch. Placeholder fields are marked [INSERT ...].

1. Acceptance of Terms

By creating an account, accessing, or using ElderWatch AI (the "Service"), operated by [INSERT COMPANY LEGAL NAME] ("Company," "we," "us," "our"), you ("User," "you") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, do not use the Service.

You must be at least 18 years old to create an account as a Family Caregiver or Administrator. Elder Users may be onboarded by a Family Caregiver acting on their behalf, subject to Section 4 (Consent Requirements).

2. Description of Service

ElderWatch AI is a behavioral intelligence platform that passively monitors device usage, movement, and routine patterns of an elderly individual ("Elder User") to detect deviations from established behavioral baselines and alert designated Family Caregivers. The Service is not:

  • A medical device or diagnostic tool
  • A substitute for professional medical care, emergency services, or in-person caregiving
  • A guarantee of detecting every health event, fall, or emergency
  • A continuous, real-time GPS surveillance tool

The Service is:

  • A passive behavioral pattern recognition and alerting system
  • Designed to support, not replace, family caregiving relationships
  • Built to preserve the dignity and autonomy of the Elder User

3. Eligibility and Account Types

The Service supports three account types:

  1. Elder User — the individual being monitored, who must provide informed consent per Section 4.
  2. Family Caregiver — an individual who manages an Elder User's profile, receives alerts, and configures monitoring settings.
  3. Super Administrator — internal Company personnel with platform-wide administrative access.

4. Consent Requirements (Critical)

Family Caregivers acknowledge and agree that:

(a) They must obtain affirmative, informed consent from the Elder User before enabling monitoring, unless the Family Caregiver holds valid legal guardianship, power of attorney, or equivalent legal authority documented to their own satisfaction and risk;

(b) The Elder User must be informed of what data is collected, how it is used, and their right to withdraw consent at any time;

(c) Monitoring an individual without appropriate consent or legal authority may violate applicable privacy, surveillance, or elder protection laws in your jurisdiction, and the Company disclaims all liability for such unauthorized use;

(d) The Company reserves the right to suspend or terminate any account suspected of non-consensual monitoring.

5. Subscription Plans and Billing

The Service offers the following plans, billed in U.S. Dollars unless otherwise stated at checkout:

| Plan | Price | Billing Cycle | |---|---|---| | Free | $0.00 | N/A | | Premium (Monthly) | $4.99 | Monthly | | Family | $9.99 | Monthly | | Annual | $49.99 | Yearly |

Payments are processed via Paystack. By subscribing, you authorize recurring charges until you cancel. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time except as required by law or as set out in our Refund Policy.

6. Acceptable Use

You agree not to:

  • Use the Service to monitor any individual without proper consent or legal authority
  • Reverse-engineer, decompile, or attempt to extract source code from the Service
  • Use the Service for any unlawful, harassing, or invasive purpose
  • Interfere with the Service's security features or attempt unauthorized access to other users' data

7. Data Ownership and Privacy

Your use of the Service is also governed by our Privacy Policy and AI Monitoring Consent, incorporated by reference.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DOES NOT GUARANTEE THAT THE AI SYSTEM WILL DETECT EVERY ANOMALY, HEALTH EVENT, OR EMERGENCY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM RELIANCE ON OR FAILURE OF THE SERVICE'S ALERTING FUNCTIONALITY.

9. Indemnification

You agree to indemnify and hold harmless the Company from any claims arising from your breach of these Terms, including unauthorized monitoring of an Elder User without proper consent.

10. Termination

We may suspend or terminate your account for violation of these Terms, including misuse, non-payment, or unauthorized monitoring. You may close your account at any time via Settings → Account → Delete Account.

11. Governing Law

These Terms are governed by the laws of [INSERT JURISDICTION], without regard to conflict-of-law principles. Disputes shall be resolved in the courts of [INSERT JURISDICTION], or via binding arbitration if elected by the Company.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice. Continued use after changes take effect constitutes acceptance.

13. Contact

[INSERT COMPANY LEGAL NAME] [INSERT REGISTERED ADDRESS] Email: legal@elderwatch.ai

This template requires jurisdiction-specific legal review prior to production launch, particularly regarding elder protection statutes, telehealth regulations (if applicable), and consumer protection law in each target country (US, UK, Canada, France, Germany, Italy, Spain, Australia, New Zealand, South Africa, Kenya).