Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

By creating an account, accessing, or using our Service, you represent and warrant that you have the legal capacity to enter into these Terms and that you agree to be bound by all provisions herein. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.2 Electronic Acceptance

Your electronic acceptance of these Terms through the Service interface has the same legal effect as if you had physically signed a written agreement. You acknowledge that electronic records and signatures are valid and enforceable.

1.3 Additional Terms

Certain features of our Service may be subject to additional terms and conditions, which will be presented to you at the time of access. Such additional terms are incorporated into these Terms by reference.

2. Service Description

2.1 Platform Overview

ElderCare Concierge is a digital platform that facilitates connections between certified eldercare advisors and families seeking eldercare guidance. Our Service includes:

• Family assessment tools and questionnaires
• AI-powered analysis and report generation
• Advisor-family matching and communication
• Personalized care recommendations and resources
• Progress tracking and follow-up tools
• Educational content and resources

2.2 Facilitator Role

We act as a technology platform that facilitates connections and provides tools. We do not provide direct eldercare services, medical advice, legal counsel, or professional eldercare advisory services. The relationship between advisors and families is independent of our platform.

2.3 Service Evolution

We reserve the right to modify, expand, reduce, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.

2.4 Third-Party Integration

Our Service integrates with third-party services including payment processors, authentication providers, and communication tools. Your use of such integrated services is subject to their respective terms and policies.

3. Eligibility

3.1 Age Requirements

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

3.2 Geographic Restrictions

Our Service is primarily intended for users in Canada and the United States. Access from other jurisdictions may be restricted or subject to additional terms and local laws.

3.3 Prohibited Users

You may not use our Service if:

• You have been previously banned from our Service
• You are prohibited by law from using our Service
• Your account has been terminated for violations
• You represent a competitor seeking to access our Service for competitive purposes
• You have provided false or misleading information during registration

3.4 Professional Requirements

Advisors must meet additional eligibility requirements including professional credentials, background checks, and compliance with applicable professional standards and regulations in their jurisdiction.

4. User Accounts

4.1 Account Creation

To access certain features of our Service, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide true, accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Not share your account with others
• Immediately notify us of any unauthorized access

4.2 Account Security

You are solely responsible for maintaining the security of your account and for all activities that occur under your account. We recommend using strong passwords and enabling two-factor authentication when available.

4.3 Account Types

We offer different account types with varying features and responsibilities:

• Family Accounts: For individuals seeking eldercare guidance
• Advisor Accounts: For certified professionals providing eldercare advisory services
• Organization Accounts: For organizations managing multiple advisors or services
• Admin Accounts: For platform administration and management

4.4 Account Suspension

We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose risks to other users or the platform. Account holders will be notified of suspensions when possible and may appeal decisions through our support process.

5. Payment Terms

5.1 Pricing

Our current pricing structure includes:

• Family Assessment: $1,500 CAD per family assessment and analysis
• Additional Services: Pricing as displayed in the platform
• Subscription Plans: Monthly or annual subscriptions as offered
• Custom Services: Pricing as agreed upon separately

5.2 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you:

• Represent that you are authorized to use the payment method
• Authorize us to charge the payment method for applicable fees
• Agree to pay all charges incurred under your account
• Accept responsibility for all fees, taxes, and charges

5.3 Billing and Invoicing

Billing terms include:

• Charges are typically processed immediately upon service request
• Subscription services are billed in advance for each billing period
• Invoices and receipts are provided electronically
• Failed payments may result in service suspension
• You are responsible for keeping payment information current

5.4 Refunds and Cancellations

Our refund policy includes:

• Assessment Refunds: Full refund within 48 hours if service not delivered
• Subscription Cancellations: Cancel anytime; service continues until period end
• Partial Service: Pro-rated refunds for cancelled subscriptions in first 14 days
• Service Issues: Refunds considered on case-by-case basis for service failures
• Processing Time: Refunds processed within 5-10 business days

5.5 Taxes

You are responsible for all applicable taxes related to your use of the Service. Prices displayed may or may not include applicable taxes depending on your location and local requirements.

5.6 Price Changes

We reserve the right to change our pricing at any time. For subscription services, price changes will take effect at the start of the next billing cycle, with at least 30 days advance notice.

6. User Conduct

6.1 Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any fraudulent, abusive, or harmful purpose
• Impersonate others or provide false information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Transmit viruses, malware, or other harmful code
• Spam, harass, or abuse other users
• Collect personal information about other users without consent

6.2 Professional Standards

Advisors must additionally comply with:

• Applicable professional standards and codes of conduct
• Licensing requirements in their jurisdiction
• Continuing education and certification maintenance
• Confidentiality and privacy obligations
• Conflict of interest disclosures
• Truthful representation of credentials and experience

6.3 Communication Guidelines

All communications through our platform must be:

• Professional, respectful, and appropriate
• Relevant to eldercare and advisory services
• Free from harassment, discrimination, or abuse
• Compliant with applicable privacy laws
• Not used for soliciting services outside the platform

6.4 Reporting Violations

Users can report violations of these Terms or inappropriate behavior through our reporting system. We investigate all reports promptly and take appropriate action, which may include warnings, account suspension, or termination.

6.5 Consequences of Violations

Violations of these conduct rules may result in:

• Warning notices and educational guidance
• Temporary or permanent account suspension
• Removal of content or data
• Restriction of platform features
• Legal action where appropriate
• Reporting to relevant authorities or professional bodies

7. Content and Data

7.1 User Content

You retain ownership of content you create and submit to our Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to:

• Use, store, and display your content as necessary to provide the Service
• Create aggregated, anonymized data for research and improvement
• Share content with other users as directed by you
• Generate reports and analyses based on your data
• Backup and secure your content

7.2 Content Standards

All User Content must:

• Be accurate and truthful to the best of your knowledge
• Not infringe on intellectual property rights
• Not contain offensive, discriminatory, or harmful material
• Comply with applicable laws and regulations
• Not include personal information of others without consent
• Be relevant to eldercare and advisory services

7.3 Data Processing

We process your data to:

• Provide assessment and analysis services
• Generate personalized recommendations
• Facilitate advisor-family connections
• Improve our algorithms and services
• Ensure platform security and integrity
• Comply with legal and regulatory requirements

7.4 Data Accuracy

You are responsible for ensuring the accuracy of data you provide. Inaccurate or misleading information may affect the quality of our services and recommendations. We reserve the right to verify information and request corrections.

7.5 Content Removal

We reserve the right to remove or modify any User Content that violates these Terms, infringes rights, or is otherwise inappropriate. We may also remove content in response to legal requests or to protect our users and platform.

7.6 Backup and Recovery

While we maintain regular backups, you are responsible for maintaining your own copies of important data. We do not guarantee the ability to recover lost or corrupted data in all circumstances.

8. Intellectual Property

8.1 Platform Ownership

We own all intellectual property rights in the Service, including:

• Software, algorithms, and technical systems
• User interface design and user experience
• Trademarks, service marks, and logos
• Content we create (templates, guides, educational materials)
• Aggregated and anonymized data insights
• Patents and patent applications

8.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. This license does not include the right to:

• Copy, modify, or create derivative works
• Reverse engineer or attempt to extract source code
• Use our intellectual property for competing services
• Remove or alter proprietary notices
• Use automated tools to access the Service

8.3 User Content Rights

You retain ownership of your User Content but grant us necessary rights to provide the Service. We do not claim ownership of your personal information, assessments, or other content you create.

8.4 DMCA Compliance

We comply with the Digital Millennium Copyright Act. If you believe content on our platform infringes your copyright, please send a DMCA notice to our designated agent at support@eldercareconcierge.ca with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Your electronic or physical signature

8.5 Trademark Protection

"ElderCare Concierge" and related marks are our trademarks. You may not use our trademarks without written permission, except as necessary to identify our services.

9. Disclaimers

9.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE MAY EXPERIENCE DOWNTIME, TECHNICAL ISSUES, OR SERVICE INTERRUPTIONS.

9.2 Not Professional Advice

OUR SERVICE FACILITATES CONNECTIONS AND PROVIDES INFORMATION TOOLS. WE DO NOT PROVIDE:

• Medical advice or diagnosis
• Legal counsel or advice
• Financial planning or investment advice
• Professional eldercare services
• Emergency assistance or crisis intervention
• Guarantees about advisor qualifications

9.3 Advisor Relationship

WE DO NOT EMPLOY ADVISORS OR CONTROL THEIR SERVICES. ADVISORS ARE INDEPENDENT CONTRACTORS. WE DO NOT GUARANTEE:

• Quality or effectiveness of advisor services
• Accuracy of advisor credentials or representations
• Availability or responsiveness of advisors
• Outcomes or results from advisor relationships
• Compliance with professional standards

9.4 Data and Analysis

OUR AI-POWERED ANALYSIS AND RECOMMENDATIONS ARE TOOLS TO ASSIST DECISION-MAKING. WE DISCLAIM WARRANTIES REGARDING:

• Accuracy or completeness of analyses
• Suitability for specific circumstances
• Outcomes from following recommendations
• Freedom from errors or biases in algorithms
• Applicability across all jurisdictions

9.5 Third-Party Content

WE DISCLAIM RESPONSIBILITY FOR THIRD-PARTY CONTENT, LINKS, OR SERVICES ACCESSIBLE THROUGH OUR PLATFORM. USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK.

9.6 Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

10.1 Damages Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, NOT TO EXCEED $500 CAD.

10.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Personal injury or property damage
• Emotional distress or mental anguish
• Punitive or exemplary damages

10.3 Service Interruptions

WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM:

• Service outages or technical difficulties
• Scheduled or emergency maintenance
• Third-party service failures
• Internet connectivity issues
• Force majeure events
• User error or misuse of the Service

10.4 Advisor Actions

WE ARE NOT LIABLE FOR:

• Actions or omissions of advisors
• Quality of advisor services
• Disputes between advisors and families
• Professional misconduct by advisors
• Outcomes from advisor recommendations

10.5 Jurisdictional Limitations

Some jurisdictions do not allow limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

11.1 User Indemnification

You agree to indemnify, defend, and hold harmless ElderCare Concierge, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, damages, and costs arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your User Content or data submissions
• Your interactions with other users
• Your violation of any laws or regulations
• Your infringement of third-party rights
• Your breach of confidentiality obligations

11.2 Advisor Additional Indemnification

Advisors additionally agree to indemnify us for claims arising from:

• Professional services provided to families
• Advice, recommendations, or guidance given
• Professional misconduct or malpractice
• Violation of professional standards or licensing requirements
• Breach of confidentiality with clients
• Misrepresentation of credentials or qualifications

11.3 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any claim without our prior written consent.

11.4 Notification

We will notify you promptly of any claim for which we seek indemnification and provide reasonable assistance in defending such claim, at your expense.

12. Termination

12.1 Termination by You

You may terminate your account and cease using the Service at any time by:

• Deleting your account through account settings
• Contacting customer support
• Ceasing to use the Service
• Cancelling any active subscriptions

12.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of other users or the platform
• Non-payment of fees
• Inactivity for extended periods
• Risk to platform security or integrity
• Legal or regulatory requirements

12.3 Effect of Termination

Upon termination:

• Your right to access the Service ceases immediately
• We may delete your account and data (subject to legal retention requirements)
• Outstanding fees become immediately due
• Licenses granted to you terminate
• Obligations that by their nature should survive will continue

12.4 Data Retention After Termination

After termination, we may:

• Retain data as required by law or regulation
• Keep anonymized, aggregated data for research
• Maintain records for legal and compliance purposes
• Preserve data for ongoing legal proceedings
• Delete personal data according to our Privacy Policy

12.5 Survival of Terms

The following sections survive termination: Payment Terms, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

13. Dispute Resolution

13.1 Informal Resolution

Before pursuing formal dispute resolution, you agree to contact us at support@eldercareconcierge.ca to attempt to resolve any disputes informally. We will work in good faith to resolve legitimate concerns.

13.2 Binding Arbitration

Any unresolved disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except for:

• Claims for intellectual property infringement
• Small claims court matters under jurisdictional limits
• Requests for injunctive relief
• Claims related to data breaches or privacy violations

13.3 Arbitration Rules

Arbitration shall be conducted under the Commercial Arbitration Rules of the ADR Institute of Canada, with the following provisions:

• Single arbitrator selected according to ADR Institute rules
• Arbitration located in Toronto, Ontario, Canada
• English language proceedings
• Written decision with reasoning required
• Confidentiality of proceedings
• Costs allocated according to arbitrator's discretion

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class actions against us.

13.5 Exceptions to Arbitration

Notwithstanding the arbitration requirement, either party may seek injunctive relief in court to prevent irreparable harm pending arbitration.

14. Governing Law

14.1 Applicable Law

These Terms and your use of the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2 Jurisdiction

Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of Ontario, Canada, and you consent to the jurisdiction of such courts.

14.3 International Users

Users accessing the Service from outside Canada acknowledge that they are doing so on their own initiative and are responsible for compliance with local laws where applicable.

14.4 Regulatory Compliance

Where applicable, these Terms are subject to:

• Personal Information Protection and Electronic Documents Act (PIPEDA)
• Consumer Protection Acts in applicable provinces
• Competition Act (Canada)
• Electronic Commerce Protection Act (CASL)
• Professional regulatory requirements for advisors

15. Modifications

15.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date
• Notify users through email or platform notifications
• Provide a summary of material changes
• Allow reasonable time for review before implementation
• Maintain previous versions for reference

15.2 Acceptance of Changes

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to changes, you must stop using the Service and may terminate your account.

15.3 Material Changes

For significant changes affecting your rights or obligations, we will provide at least 30 days advance notice and may require explicit acceptance of the new terms.

15.4 Version Control

We maintain version control of these Terms and will provide access to previous versions upon request for comparison purposes.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to be enforceable while preserving its intent.

16.3 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that or any other provision in the future. Waivers must be in writing to be effective.

16.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any party at our discretion.

16.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, government actions, internet failures, or other unforeseeable circumstances.

16.6 Notice

Official notices will be sent to the email address in your account. You agree to keep your contact information current and to check email regularly.

16.7 Language

These Terms are written in English. If translated into other languages, the English version controls in case of any conflicts or inconsistencies.

16.8 Relationship

These Terms do not create a partnership, joint venture, agency, or employment relationship between you and us. You are an independent user of our Service.

17. Contact Information

If you have questions, concerns, or need assistance regarding these Terms of Service, please contact us:

17.1 Business Hours

Our legal team is available Monday through Friday, 9:00 AM to 5:00 PM EST. We strive to respond to all legal inquiries within 5 business days.

17.2 Emergency Legal Matters

For urgent legal matters requiring immediate attention (such as court orders or emergency compliance issues), please mark your communication as "URGENT" and include your phone number for priority handling.

Thank you for choosing ElderCare Concierge. These Terms are designed to ensure a positive experience for all users while protecting the rights and interests of everyone in our community.