Welcome to ElderOrbit. These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between ElderOrbit, Inc. ("Company," "ElderOrbit," "we," "us," or "our") and the individual, family coordinator, professional caregiver, healthcare provider, or entity accessing or using our services ("User," "Customer," "you," or "your").
These Terms govern your access to and use of all ElderOrbit websites, web applications, dashboards, mobile applications (iOS and Android), SMS communication tools, APIs, and associated care coordination services (collectively, the "Platform" or "Services").
By accessing the website, creating an account, downloading or installing the mobile application, or using any portion of the Platform, you explicitly agree to be bound by these Terms. If you do not agree, do not access or use the Platform.
1. Scope of Services & Platform Accessibility
1.1 Multi-Platform Access
ElderOrbit provides an integrated, cross-platform care coordination layer accessible via web browsers (desktop/tablet) and native mobile applications. These Terms apply equally to all users regardless of the device, browser, or operating system used to access the Platform.
1.2 Third-Party Application Stores
If you access or download our mobile application through a third-party app marketplace (such as the Apple App Store or Google Play Store), you acknowledge that:
- This Agreement is solely between you and ElderOrbit, and not with the application store provider. ElderOrbit is solely responsible for the Platform, its content, maintenance, and support.
- The application store provider has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile application.
- To the maximum extent permitted by applicable law, the application store provider has no warranty obligation whatsoever with respect to the application.
2. Regulatory Compliance, Privacy & Health Data Safeguards
2.1 HIPAA & Protected Health Information (PHI)
ElderOrbit provides an AI-enabled coordination layer for aging-in-place care. Where applicable, when you process or submit Protected Health Information (PHI) through the Platform in connection with a healthcare provider or covered entity, ElderOrbit acts as a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA).
- Business Associate Agreement (BAA): For institutional and enterprise users, processing and uploading PHI within ElderOrbit is strictly governed by our BAA, incorporated herein by reference.
- Beta Phase Data Boundaries: During early testing and rollout phases (including Beta and Pilot programs), ElderOrbit operates primarily on non-clinical operational logs, task management, and non-medical coordination data to de-risk early testing.
- Patient & Family Authorization: You represent and warrant that you have obtained all necessary authorizations, consents, or legal authority from the care recipient or their legal guardian before submitting personal or health data into the Platform.
2.2 Data Segregation & Security
ElderOrbit maintains isolated data perimeters and encryption standards at rest and in transit across both web and mobile environments. Multi-party coordination logs are segregated so that PHI or sensitive health details are restricted to authorized parties and redacted or anonymized where appropriate. ElderOrbit maintains administrative, technical, and physical security safeguards engineered in alignment with HIPAA, SOC 2 Type 2, and ISO standards.
3. User Accounts, Security & Device Permissions
3.1 Account Credentials & Device Security
Because ElderOrbit handles sensitive family and health coordination logs, you agree to:
- Enforce secure login practices, including Multi-Factor Authentication (MFA) or secure Biometric Authentication (e.g., Face ID, Touch ID, or fingerprint verification) on mobile devices used to access the Platform.
- Keep web login credentials and active sessions strictly confidential and prevent unauthorized access on shared desktop or mobile screens.
- Immediately notify ElderOrbit support at support@elderorbit.ai if your account credentials, web session, or mobile device is lost, stolen, or compromised.
3.2 Platform & Device Permissions
To provide full functionality across web and mobile interfaces (e.g., uploading care logs, sharing documentation, or receiving real-time task alerts), the Platform requires specific browser and device permissions (e.g., camera access, local storage, push notifications, SMS integrations). By enabling these permissions, you authorize ElderOrbit to process these inputs solely to deliver the Services.
4. Licensing, AI Coordination & Use Restrictions
4.1 Scope of License
ElderOrbit grants you a limited, non-exclusive, non-transferable, revocable license to access the web application and download/install the mobile application on devices you own or control, solely for your internal family caregiving or authorized professional care operations.
4.2 AI-Assisted Coordination & Human Oversight
ElderOrbit utilizes AI-assisted scheduling, pattern flagging, and automated task routing. Humans remain in control of all care decisions, medical choices, and exceptions. The Platform does not provide professional medical diagnosis, clinical advice, or treatment decisions.
4.3 Prohibited Conduct
You shall not, and shall not permit any third party to:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the web or mobile Platform.
- Bypass, disable, or circumvent any security perimeters, data encryption, or access control mechanisms embedded in the Platform.
- Use the Mobile App on a device that has been modified, "jailbroken," or "rooted," as this compromises required security and HIPAA compliance protocols.
5. System Updates & Maintenance
5.1 Updates and Version Support
ElderOrbit routinely deploys web updates, software patches, and mobile app updates to maintain regulatory compliance and operational security.
- Web Services: Web updates are applied automatically upon session refresh.
- Mobile Applications: You agree to install mobile application updates promptly. ElderOrbit reserves the right to restrict access to outdated app versions that no longer meet required security or compliance baselines.
6. Intellectual Property & Data Ownership
6.1 Ownership Rights
ElderOrbit retains all right, title, and interest in and to the Platform, web/mobile software, AI algorithms, trademarks, and user interfaces. You retain full ownership of all original care logs, family data, and patient information input into the Platform ("User Data").
6.2 Data Retention, Export & Account Deletion
- Data Export: Upon termination or offboarding from a pilot or subscription, you may request an export of your User Data in a standard electronic format within thirty (30) days.
- Account Deletion: You may request account deletion through the web portal or directly within the Mobile App settings. Upon termination and expiration of the export window, ElderOrbit will securely purge and destroy account data in accordance with NIST standards.
7. Limitation of Liability & Indemnification
7.1 General Liability Cap
Except for a party's indemnification obligations, willful misconduct, or a breach of data privacy and security safeguards, in no event shall either party's total aggregate liability exceed the fees paid by you to ElderOrbit in the twelve (12) months preceding the claim.
7.2 Caregiver & Regulatory Indemnification
You agree to defend, indemnify, and hold harmless ElderOrbit, its officers, directors, and employees from any third-party claims, regulatory fines, or liabilities arising from: (i) your failure to secure necessary consent/authorization from care recipients or legal guardians; or (ii) unauthorized distribution of PHI or confidential personal data through your account credentials.
8. Legal Compliance
You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Contact Information
For questions, legal inquiries, security reporting, or technical support across our web or mobile platforms, please contact ElderOrbit:
- Company Name: ElderOrbit, Inc.
- Email: support@elderorbit.ai / legal@elderorbit.ai
- Address: ElderOrbit Corporate Headquarters, Vermont, USA