Terms of Service

Last updated: March 8, 2026

Welcome to ElderDial. Please read these Terms of Service ("Terms") carefully before using our service. By texting us, calling us, or using our service in any way, you agree to these Terms. If you do not agree, do not use ElderDial.

1. About ElderDial

ElderDial is an AI-powered companion and check-in service for elderly adults ("Clients"). A family member or responsible party ("Caregiver") sets up an account by texting our service. The AI then makes scheduled phone calls to the Client for companionship, reminders, and daily check-ins. If the Client does not answer, the Caregiver is notified.

ElderDial is operated by ElderDial, Inc., a Delaware C corporation ("we," "us," or "our"). Our website is www.elderdial.com.

2. Who Can Use ElderDial

• You must be at least 18 years old to create a Caregiver account.
• You must be located in the United States.
• You must have a valid US phone number.
• Caregivers must have the authority and permission of the Client before enrolling them.

3. How the Service Works

For Caregivers

• You text us first. We will never text you first.
• When you text us, we will ask for your consent to receive automated text messages.
• You must reply START to agree before we continue the conversation.
• After you consent, our AI assistant will guide you through account setup by text message.
• You will provide your name, your loved one's name, their phone number, and any helpful details about them.
• You can set up a daily call schedule for your loved one.
• You will receive alerts if your loved one does not answer their scheduled calls.

For Clients (Loved Ones)

• You must call us first. We will never call you until you call us first from your own phone.
• On your first call, you will speak with your AI companion and may be asked to agree to these Terms and our Privacy Policy.
• You may be asked for consent to receive automated calls on a regular schedule.
• Once you consent, we will call you at the times you and your Caregiver choose.
• You can change your call schedule at any time during a call.

4. Consent to Automated Messages and Calls

Text Messages (Caregivers)

• By replying START, you consent to receive automated text messages from ElderDial.
• Message and data rates may apply.
• Message frequency varies. You will receive multiple messages during account setup and occasional messages after that for alerts and updates.
• You can stop texts at any time by replying STOP.
• Reply HELP for help.
• Consent is not required to purchase any goods or services.

Phone Calls (Clients)

• You must give verbal consent during a call before we schedule automated calls to you.
• You can stop automated calls at any time by telling your AI companion during a call, or by having your Caregiver text us.
• We will never call you unless you have given consent.

Revoking Consent

• Caregivers: Reply STOP at any time to stop all text messages. This also stops alerts.
• Clients: Tell your AI companion you want to stop automated calls, or ask your Caregiver to contact us. You can also tell the AI companion during any call to revoke consent.
• Revoking consent takes effect immediately.

5. The AI Companion

• ElderDial uses artificial intelligence to conduct phone calls and text conversations.
• The AI is not a real person. It is a computer program.
• The AI is not a doctor, nurse, therapist, or medical professional.
• The AI does not provide medical advice, diagnoses, or treatment recommendations.
• The AI does not provide financial, legal, or professional advice.
• The AI is designed for companionship, reminders, and general conversation only.

6. Recording and Monitoring

All calls and text messages processed through the Service are recorded, transcribed, and may be monitored and reviewed for quality assurance, safety, and service improvement purposes by both ElderDial and our partners. This includes:

• Automated transcription and AI analysis of all phone conversations.
• Storage of complete call transcripts and SMS message history.
• AI-driven extraction of scheduling requests, consent changes, reminders, and wellness observations from conversations.
• Human review of transcripts and messages when necessary for quality assurance, safety, customer support, or dispute resolution.

By using the Service, you acknowledge and consent to this recording and monitoring. As a Caregiver, you are responsible for informing the Client that all calls are recorded and monitored.

7. Not an Emergency Service

ElderDial is not an emergency service. If you or your loved one has a medical emergency, call 911 immediately.

• ElderDial does not monitor health conditions.
• ElderDial does not replace medical care, home health aides, or professional caregiving.
• Caregiver alerts (when a Client does not answer) are for informational purposes only. They do not mean there is an emergency.
• We do not guarantee that alerts will be delivered on time or at all. Text messages and phone calls can fail due to network issues, phone problems, or other reasons outside our control.

8. Your Responsibilities

Caregivers

• You must have the Client's permission before enrolling them in ElderDial.
• You are responsible for making sure the Client knows about and agrees to the service.
• You must provide accurate information about the Client.
• You must tell us if the Client's phone number changes or if they no longer want the service.

Clients

• You are responsible for answering or returning calls if you want the service to continue.
• You must tell us if you want to change or stop your calls.

9. Service Availability

• We try to keep ElderDial running at all times, but we do not guarantee it will always be available.
• The service may be interrupted for maintenance, updates, or technical problems.
• Phone calls and text messages depend on your phone carrier and network. We are not responsible for carrier issues.
• We may change, suspend, or stop the service at any time, with or without notice.

10. Fees and Payment

• ElderDial is currently provided free of charge.
• We reserve the right to introduce fees in the future. If we do, we will give you at least 30 days' notice and you can cancel before fees begin.

11. Privacy

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and share your information. By using ElderDial, you agree to our Privacy Policy.

12. Acceptable Use

You agree not to:

• Use ElderDial for any illegal purpose.
• Harass, threaten, or abuse the AI or other users.
• Attempt to hack, reverse-engineer, or disrupt the service.
• Use the service to send spam or unwanted messages.
• Impersonate another person when setting up an account.
• Enroll a Client without their knowledge and permission.
• Resell, redistribute, or commercially exploit the Service without our written consent.

We may suspend or terminate your account if you violate these rules.

13. Intellectual Property

All content, software, AI models, and materials related to ElderDial are owned by ElderDial, Inc. or our licensors. You may not copy, modify, or distribute any part of the service without our written permission.

14. Disclaimer of Warranties

ElderDial is provided "as is" and "as available." We make no warranties, express or implied, including but not limited to:

• That the service will be uninterrupted, error-free, or secure.
• That the AI will always respond accurately or appropriately.
• That alerts will be delivered on time.
• That the service is fit for any particular purpose.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the fullest extent permitted by law, ElderDial, Inc., its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, including but not limited to:

• Loss of life, injury, or health complications.
• Missed alerts or failed calls.
• Emotional distress.
• Loss of data.
• Any damages arising from your use of or inability to use the service.

Our total aggregate liability to you for any claim arising from these Terms or the service will not exceed the greater of $100 or the amount you paid for the Service in the twelve (12) months before the claim.

16. Indemnification

You agree to defend, indemnify, and hold harmless ElderDial, Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the service.
• Your violation of these Terms.
• Your enrollment of a Client without their permission.
• Any claim by a Client related to your use of the service on their behalf.

17. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

Binding Arbitration

You and ElderDial, Inc. agree that any dispute, claim, or controversy arising from or related to these Terms or the service will be resolved by binding arbitration rather than in court, except that either party may bring claims in small claims court if they qualify.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will take place in the State of Delaware, or at another location we both agree to. The arbitrator's decision will be final and binding.

Class Action Waiver

You agree that any dispute resolution will be conducted only on an individual basis, not as a class action, class arbitration, or other representative proceeding. You waive your right to participate in a class action or class-wide arbitration.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first using the service. If you opt out, you may pursue claims in court.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any legal action not subject to arbitration will be brought in the state or federal courts located in Delaware.

19. Changes to These Terms

We may update these Terms from time to time. If we make important changes, we will notify you by text message or on our website at www.elderdial.com. Your continued use of the service after changes are posted means you accept the updated Terms.

20. Termination

• You can stop using ElderDial at any time by replying STOP (for texts) or telling the AI to stop calls.
• We can suspend or terminate your account at any time for any reason, including violation of these Terms.
• If your account is terminated, scheduled calls and alerts will stop.
• Sections that by their nature should survive termination will survive, including limitation of liability, indemnification, dispute resolution, and governing law.

21. Severability

If any part of these Terms is found to be unenforceable, the rest of the Terms will still apply.

22. Entire Agreement

These Terms, together with our Privacy Policy, make up the entire agreement between you and ElderDial, Inc. regarding the service.

23. Contact Us

If you have questions about these Terms, contact us at:

• Email: [email protected]
• Website: www.elderdial.com
• Text: Send a message to our service number and reply HELP