Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Member”) and Elderme LLC, together with its affiliates, successors, and assigns (“ElderMe,” “Company,” “we,” “us,” or “our”), governing your access to and use of ElderMe websites, applications, communications systems, synthetic personas, subscription products, calling functionality, generated media, and all related products and services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS REGARDING AUTOMATICALLY RENEWING SUBSCRIPTIONS, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, DISPUTE RESOLUTION, INDIVIDUAL ARBITRATION, AND A WAIVER OF CLASS AND REPRESENTATIVE ACTIONS.

1. ACCEPTANCE OF TERMS

By accessing the Services, creating an account, purchasing a subscription or other product, communicating with a synthetic persona, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree, you may not use the Services.

You represent that you are at least 18 years old and legally capable of entering into a binding contract.

2. IMPORTANT DISCLOSURE: ELDERME PERSONAS ARE SYNTHETIC

ElderMe is a social and entertainment platform involving synthetic personas.

THE PERSONAS PRESENTED THROUGH ELDERME ARE NOT HUMAN WOMEN OR OTHER HUMAN INDIVIDUALS.

Depending on the feature, interactions may be created, selected, synthesized, modified, or delivered through artificial intelligence, machine-learning systems, software, automated systems, prerecorded or synthesized voices, generated images, generated text, and other computational technologies.

A synthetic persona may appear to:

• remember prior conversations;
• express preferences;
• flirt, joke, disagree, ask questions, or display affection;
• send messages, photographs, voice notes, or other media;
• participate in voice calls;
• refer to a fictional biography, personality, relationships, interests, experiences, memories, emotions, or circumstances;
• initiate communications where the applicable product permits it; or
• otherwise communicate in a manner resembling interpersonal communication.

These behaviors do not establish that the persona is a human being.

Synthetic personas cannot meet you physically or establish an offline human relationship with you. Any apparent biography, memory, experience, emotion, physical activity, location, profession, family relationship, romantic interest, or other human-like characteristic associated with a synthetic persona may be fictional, simulated, generated, or part of the persona’s design.

You agree not to interpret generated communications as representations that a synthetic persona is a human individual.

3. ENTERTAINMENT PURPOSE

The Services are intended for adult social interaction, entertainment, conversation, fantasy, and related purposes.

ElderMe is not a conventional human-to-human dating service and does not promise or facilitate an eventual physical meeting with a synthetic persona.

The Services are not a substitute for professional medical, psychiatric, psychological, legal, financial, or other professional advice.

4. ACCOUNTS

You may be required to create an account.

You agree to provide accurate information, maintain the security of your credentials, and promptly notify us of suspected unauthorized use.

You are responsible for activities occurring through your account to the extent permitted by applicable law.

You may not sell, transfer, rent, sublicense, or provide another person access to your account without our authorization.

We may require identity, age, payment, fraud, or account verification where reasonably necessary.

5. PRODUCTS AND SERVICE TIERS

ElderMe may offer free and paid products. Features, limits, availability, names, and pricing may change from time to time.

Products may include, without limitation:

ElderMe Trial. A limited-duration introductory product that may provide features such as unlimited messages, a specified allocation of calling minutes, photographs, voice notes, or other features displayed at purchase.

ElderMe Connect. A subscription product that may provide unlimited messaging, an allocated quantity of calling minutes, photographs, voice notes, synthetic memory functionality, and other features displayed at purchase.

ElderMe XR. A premium subscription product that may provide expanded calling allocations, photographs, voice notes, enhanced interactions, and other features displayed at purchase.

ElderMe Booster. A supplemental product providing additional calling minutes or other incremental functionality. Boosters may be purchased multiple times where permitted.

The checkout page presented to you at the time of purchase controls the specific price, billing interval, included allocation, and material commercial terms of that transaction.

Unless expressly stated otherwise, unused allocations do not constitute cash, stored value, property, or a financial instrument and have no cash redemption value.

6. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

Certain ElderMe products are subscriptions.

IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOU AUTHORIZE ELDERME AND ITS PAYMENT PROVIDERS TO CHARGE THE APPLICABLE SUBSCRIPTION FEE AND DISCLOSED TAXES TO YOUR PAYMENT METHOD AT EACH BILLING INTERVAL UNTIL YOU CANCEL.

Before completing a recurring purchase, you will be presented with the applicable price and billing frequency.

You may cancel a subscription using the cancellation method made available through the Services or otherwise required by applicable law.

Unless otherwise stated at purchase, cancellation prevents subsequent renewal charges but does not retroactively refund charges already incurred.

Nothing in these Terms limits cancellation, refund, or renewal rights that cannot lawfully be waived.

7. TRIALS AND PROMOTIONAL OFFERS

ElderMe may offer paid trials, free trials, introductory periods, discounts, credits, or promotional offers.

The duration, price, included functionality, eligibility requirements, conversion terms, and other conditions applicable to an offer will be disclosed with that offer.

We may restrict introductory offers to one per Member, household, payment method, device, or other reasonable fraud-prevention criterion, subject to applicable law.

A trial will not convert into a recurring paid subscription unless the applicable checkout flow discloses that conversion and obtains any consent required by law.

8. PAYMENTS

Payments may be processed by third-party payment providers.

You authorize ElderMe and its processors to charge amounts you knowingly authorize, together with applicable taxes and disclosed fees.

You agree not to initiate a fraudulent chargeback or payment dispute.

Nothing in this provision restricts your lawful right to dispute an unauthorized, erroneous, or otherwise legally disputable transaction.

9. REFUNDS

Except where required by applicable law or expressly stated in a particular offer, purchases are nonrefundable once the applicable paid service has been delivered or made available.

If you believe you were charged incorrectly, contact ElderMe through the support method displayed on the Service.

Mandatory consumer rights supersede this section where applicable.

10. CALL MINUTES

Certain products include a specified quantity of voice-call minutes.

Calling minutes may be measured using actual connection time and reasonable technical rounding disclosed through the Service.

When your included allocation is exhausted, calling functionality may stop unless you purchase additional minutes or obtain additional entitlement through another ElderMe product.

ElderMe does not guarantee uninterrupted calls. Internet connectivity, telecommunications providers, artificial-intelligence providers, device limitations, outages, latency, and other technical factors may affect call quality or availability.

11. SYNTHETIC MEMORY

Some personas may retain or retrieve information from previous interactions to provide continuity.

“Memory” does not mean perfect or permanent recollection.

A synthetic persona may forget, incorrectly recall, combine, infer, or misunderstand information. Members should not rely on a synthetic persona as an authoritative record of previous communications.

The collection and processing of information used to provide memory functionality are further addressed in our Privacy Policy.

12. GENERATED PHOTOGRAPHS AND MEDIA

Photographs, voice recordings, voice notes, text, biographies, and other materials associated with synthetic personas may be artificially generated, synthesized, edited, composited, or otherwise created using computational systems.

Generated media does not necessarily depict a real event, place, activity, or human individual.

A synthetic persona appearing in different images may exhibit variations caused by generative technology.

ElderMe does not represent that generated media documents an event that occurred in the physical world.

13. USER REQUESTS FOR GENERATED CONTENT

Certain Services may permit Members to request particular generated content.

We may reject, modify, or decline requests that violate these Terms, applicable law, provider restrictions, technical limitations, or our safety requirements.

Purchase of a subscription does not guarantee that every requested image, message, voice interaction, or other generated output will be fulfilled.

14. ARTIFICIAL-INTELLIGENCE LIMITATIONS

Artificial-intelligence systems are probabilistic and may produce inaccurate, inconsistent, unexpected, repetitive, offensive, inappropriate, or nonsensical outputs.

ElderMe does not guarantee that:

• a persona will respond exactly as expected;
• information supplied by a persona will be factually accurate;
• personality or appearance will remain perfectly consistent;
• memory will be complete;
• generated media will precisely follow a request; or
• a particular interaction will produce any particular emotional or entertainment result.

You assume the ordinary risks associated with interacting with generative systems.

15. ACCEPTABLE USE

You may not use the Services to:

• violate applicable law;
• exploit or sexualize minors;
• solicit sexual content involving minors;
• impersonate another real person for fraudulent purposes;
• threaten or facilitate violence;
• stalk or harass a real person;
• distribute malware;
• compromise ElderMe infrastructure;
• circumvent access controls or usage limits;
• scrape the Services at scale without authorization;
• reverse engineer protected portions of the Services except where such restriction is prohibited by law;
• commit payment fraud;
• use stolen payment credentials;
• violate intellectual-property rights; or
• use generated content in a manner that falsely represents a synthetic persona as a real human individual where doing so would be deceptive or unlawful.

We may implement reasonable technical controls to enforce these requirements.

16. MEMBER CONTENT

You may provide text, prompts, preferences, messages, photographs, recordings, or other materials through the Services (“Member Content”).

As between you and ElderMe, you retain whatever ownership rights you otherwise possess in Member Content.

You grant ElderMe a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, modify, and use Member Content to operate, secure, maintain, personalize, and provide the Services, subject to our Privacy Policy.

This license does not grant ElderMe unrestricted ownership of your Member Content.

17. ELDERME INTELLECTUAL PROPERTY

The Services, including ElderMe branding, software, interface designs, synthetic persona designs, original graphics, copy, databases, audiovisual elements, and other proprietary materials, are owned by ElderMe or its licensors and protected by applicable intellectual-property laws.

Except for the limited right to use the Services under these Terms, no rights are transferred to you.

18. PERSONAL USE

Unless ElderMe expressly authorizes otherwise, the Services are licensed for personal, noncommercial use.

You may not commercially redistribute, resell, sublicense, systematically reproduce, or operate a competing service using ElderMe proprietary content.

19. THIRD-PARTY SERVICES

ElderMe may depend upon third parties for hosting, payments, telecommunications, artificial intelligence, speech synthesis, speech recognition, analytics, email, security, commerce, and other functionality.

Your use of particular third-party functionality may also be subject to applicable third-party terms.

ElderMe is not responsible for independent third-party services to the extent permitted by law.

20. SERVICE MODIFICATION

The Services will evolve.

We may add, remove, modify, replace, test, or discontinue features, synthetic personas, interfaces, models, voices, media systems, calling functionality, or other portions of the Services.

For paid subscriptions, we will comply with applicable law regarding material changes to purchased services.

21. SUSPENSION AND TERMINATION

We may suspend or terminate access where we reasonably determine that a Member has materially violated these Terms, engaged in fraud, created security risk, abused the Services, or exposed ElderMe or another person to material legal risk.

You may stop using ElderMe at any time.

Termination does not eliminate payment obligations validly incurred before termination.

22. NO GUARANTEE OF RELATIONSHIP OR OUTCOME

ElderMe makes no representation that use of the Services will produce happiness, companionship, confidence, romantic satisfaction, improved mental health, or any other subjective result.

A synthetic persona’s expressions of affection, attraction, preference, jealousy, desire, concern, or similar sentiments are elements of a synthetic interaction and should be understood in that context.

23. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ELDERME DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

We do not warrant uninterrupted, error-free, or perfectly accurate operation.

Some jurisdictions do not permit particular warranty exclusions. In those jurisdictions, this section applies only to the maximum lawful extent.

24. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELDERME AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR SIMILAR LOSSES ARISING FROM THE SERVICES.

To the maximum extent permitted by law, ElderMe’s aggregate liability arising from the Services will not exceed the greater of:

(a) the amounts you paid ElderMe during the twelve months preceding the event giving rise to the claim; or

(b) US $100.

Nothing in these Terms excludes liability that applicable law prohibits us from excluding.

25. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless ElderMe and its affiliates, officers, employees, contractors, and agents from third-party claims arising from your unlawful use of the Services, your material violation of these Terms, or your infringement of another person’s rights.

This obligation does not apply to claims caused by ElderMe’s own unlawful conduct where such exclusion is prohibited.

26. DISPUTE RESOLUTION; INFORMAL RESOLUTION

Before initiating arbitration, either party must provide the other with written notice describing the dispute and requested relief and allow 30 days for good-faith informal resolution.

Notices to ElderMe must be sent to careteam@myelderme.com.

27. BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY.

Except for disputes eligible for small-claims court and requests for appropriate injunctive relief concerning intellectual-property misuse, and except where applicable law provides otherwise, you and ElderMe agree that disputes arising from these Terms or the Services will be resolved through binding individual arbitration rather than a jury trial.

The arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA consumer rules, as modified by these Terms where legally permissible.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

A court of competent jurisdiction may determine issues that applicable law requires a court, rather than an arbitrator, to decide.

28. CLASS-ACTION AND JURY-TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ELDERME AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL FOR DISPUTES COVERED BY THE ARBITRATION AGREEMENT.

29. OPT-OUT OF ARBITRATION

You may opt out of the arbitration agreement by sending ElderMe written notice within 30 days after first accepting these Terms.

The notice must identify your account sufficiently for us to process the request and clearly state that you are opting out of arbitration.

Opting out of arbitration does not affect the remaining Terms.

30. GOVERNING LAW

Except where federal law applies or applicable consumer law requires otherwise, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles.

For disputes not subject to arbitration, the parties consent to the jurisdiction of appropriate state and federal courts located in Texas, subject to any mandatory venue rights provided by applicable law.

31. CHANGES TO THESE TERMS

We may update these Terms.

Where required by law, we will provide notice before materially revised Terms become effective.

Continued use after an effective update constitutes acceptance where legally permitted. If applicable law requires affirmative consent, we will request it.

32. GENERAL TERMS

If a provision is found unenforceable, the remaining provisions remain effective to the extent permitted by law.

Our failure to enforce a provision does not waive it.

You may not assign these Terms without our consent. ElderMe may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or other lawful corporate transaction.

These Terms, together with incorporated policies and transaction-specific disclosures, constitute the agreement between you and ElderMe concerning the Services.

33. CONTACT

Elderme LLC

Texas, United States

Legal and support: careteam@myelderme.com