Terms of Service

Last Updated: May 8, 2025

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you and Elderwise ("we," "us," or "our") concerning your access to and use of our software platform and services. By accessing or using the Elderwise platform, you agree to be bound by these Terms. If you disagree with any part of these terms, you do not have permission to access the service.

2. Healthcare Disclaimer

Elderwise provides software tools designed to assist healthcare providers in conducting Comprehensive Geriatric Assessments. Our platform is intended to be used by qualified healthcare professionals and does not replace professional medical advice, diagnosis, or treatment. Healthcare providers remain responsible for all clinical judgments, decisions, and actions.

3. HIPAA Compliance

As a service provider to healthcare organizations, Elderwise is committed to maintaining HIPAA compliance. We implement physical, technical, and administrative safeguards to protect Personal Health Information (PHI). When you use our services, you agree to maintain compliance with applicable healthcare privacy laws, including HIPAA.

4. Business Associate Agreement

Healthcare organizations that are Covered Entities under HIPAA may be required to enter into a Business Associate Agreement (BAA) with Elderwise. Please contact us to establish a BAA if required for your organization.

5. Intellectual Property

The Elderwise platform, including all content, features, and functionality, is owned by Elderwise and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works, publicly display, sell, or exploit any content without explicit permission.

6. User Accounts and Security

When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately of any unauthorized access or use of your account.

7. Data Security and Privacy

We implement reasonable security measures to protect your data. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your information. By using our service, you consent to the data practices described in our Privacy Policy.

8. Limitations of Liability

To the fullest extent permitted by law, Elderwise shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the service. In no event shall our total liability exceed the amount paid by you, if any, for accessing our services during the twelve months prior to the claim.

9. Indemnification

You agree to indemnify and hold Elderwise harmless from any claims, damages, liabilities, costs, or expenses arising out of your use of the platform, your violation of these Terms, or your violation of any rights of another.

10. Termination

We may terminate or suspend your account and access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

11. Governing Law

These Terms shall be governed by the laws of the jurisdiction in which Elderwise is registered, without regard to its conflict of law provisions. Any legal action arising out of or relating to these Terms shall be filed only in the courts located within this jurisdiction.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website. Your continued use of the platform after such modifications constitutes your acceptance of the revised Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at legal@elderwise.com.