Elder Minder Terms of Use

Effective date: August 5, 2026

Welcome to Elder Minder. These Terms of Use ("Terms") are a legal agreement between you and Elder Minder ("we," "us," or "our") governing your use of the Elder Minder mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Elder Minder is not an emergency service. It does not detect falls or medical events, and it does not contact emergency services for anyone. In an emergency, call your local emergency number. Never rely on Elder Minder in an emergency.

1. What Elder Minder Is — and What It Is Not

Elder Minder is a family-coordination app that helps designated caregivers ("Keeprs") stay connected with the people they care for ("Elders") through check-in requests, optional location sharing, and notifications.

Elder Minder is NOT an emergency service, medical device, health monitoring system, or personal emergency response system (PERS).

The Service does not detect falls, medical events, or emergencies.
The Service does not contact emergency services on anyone's behalf.
In an emergency, always call your local emergency number (such as 911 in the United States) immediately.
Check-ins, notifications, and location updates may be delayed, inaccurate, or fail entirely due to factors outside our control, including device settings, battery, network coverage, operating system behavior, and third-party service outages. You must not rely on the Service as your sole or primary means of monitoring anyone's safety or well-being.

2. Eligibility and Accounts

You must be at least 18 years old to create an account.
You agree to provide accurate information when registering and to keep your credentials secure. You are responsible for all activity under your account.
Each account holder must create and control their own account. You may not create an account on behalf of another adult without their knowledge and informed consent.

3. Subscriptions, Free Trial, and Payment

Elder Minder is offered as an auto-renewing subscription purchased through your Apple Account.

Free trial

New subscribers may be offered a free trial. If you do not cancel before the trial ends, the subscription begins automatically and your Apple Account is charged the then-current price. If you subscribe during a free trial, any unused portion of the trial is forfeited.

Automatic renewal

The subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the current period ends. The price and period are shown in the app before you purchase.

Managing and cancelling

You can manage or cancel your subscription in your Apple Account settings, under Subscriptions. Deleting the app does not cancel your subscription. Cancelling stops future renewals; it does not end the period you have already paid for, and you keep access until that period ends.

Billing problems

If a renewal payment fails, Apple may retry for a period during which your access continues. If payment is not completed in that time, access ends until a subscription is active again.

Price changes

We may change the subscription price. Where required, Apple will notify you and ask for your consent before a higher price takes effect. If you do not consent, the subscription will not renew at the new price.

Refunds

Purchases are processed by Apple, and refunds are handled by Apple under its own policies. We cannot issue refunds for purchases made through the App Store. Requests go to Apple at reportaproblem.apple.com. This does not affect any statutory rights you may have that cannot be waived.

What ends when a subscription ends

Without an active subscription you will not be able to use the Service, including sending or answering check-ins and sharing location. Because the Service is not an emergency service and must not be relied upon for anyone's safety, the end of a subscription must not leave anyone without other means of contact or assistance. Your account and its data are not deleted when a subscription lapses; you can subscribe again to regain access, or delete your account at any time.

4. Roles, Linking, and Consent

The Service allows an Elder to link with one or more Keeprs. Linking is voluntary and requires action by the Elder's account.
Location sharing is off by default and controlled by the Elder. An Elder may enable or disable it at any time in the app.
By linking accounts, an Elder consents to sharing their check-in responses — and, if they enable it, their approximate location — with their linked Keeprs.
Keeprs agree to use information received through the Service only for the care and safety of the linked Elder, and not for surveillance, control, harassment, or any other purpose.
Either party may unlink at any time. Unlinking stops future sharing between those accounts.

5. Acceptable Use

You agree not to:

Use the Service to track, monitor, or contact any person without their knowledge and informed consent;
Harass, abuse, threaten, or intimidate any person through the Service;
Attempt to access another user's account or data without authorization;
Interfere with, disrupt, reverse engineer, or probe the Service or its infrastructure, except as permitted by applicable law;
Use the Service in violation of any applicable law or regulation;
Resell or commercially exploit the Service without our written permission.

We may suspend or terminate accounts that violate these Terms.

6. Location Data and Privacy

If an Elder enables location sharing, the app collects the device's location and shares it with linked Keeprs.
Location accuracy depends on the device, environment, and operating system, and is not guaranteed.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

7. Third-Party Services

The Service relies on third-party providers, including Google Firebase (authentication, database, and push notifications) and Apple (app distribution, payment processing, and notification delivery). Your use of the Service is also subject to the applicable terms of these providers. We are not responsible for outages, delays, or failures of third-party services.

8. Notifications

Push notifications and local notifications are delivered on a best-effort basis. Delivery is not guaranteed and may be affected by device settings (such as Do Not Disturb or Focus modes), permissions, connectivity, and platform behavior. A missed or delayed notification is not a reliable indicator of anyone's status or safety.

9. Intellectual Property

The Service, including its software, design, and branding, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices that you own or control, solely as permitted by these Terms and the App Store Terms of Service.

10. Termination

You may stop using the Service and delete your account at any time.
We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Where practical, we will provide reasonable notice of discontinuation.
Sections that by their nature should survive termination (including Sections 1, 11, 12, 13, and 15) survive.

11. Disclaimers of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CHECK-IN, NOTIFICATION, OR LOCATION UPDATE WILL BE DELIVERED OR ACCURATE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM RELIANCE ON THE SERVICE, MISSED OR DELAYED CHECK-INS OR NOTIFICATIONS, OR INACCURATE LOCATION DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS (US $50).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of any third party — including using the Service to monitor a person without their consent.

14. Apple

These Terms are between you and us only, not with Apple. Apple is not responsible for the Service or its content.

Apple has no obligation to provide any maintenance or support for the Service.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app infringes that party's intellectual property rights.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

15. Governing Law and Disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Disputes will be resolved in the courts located in Vancouver, British Columbia, unless applicable law requires otherwise.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or by other reasonable means before the changes take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

17. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. Our failure to enforce a provision is not a waiver.

Questions about these Terms
Email wjfrench@proton.me