1. Acceptance of Terms

By accessing or using ElderHeart (“the Service”), you (“the Customer”) agree to be bound by:

These Terms & Conditions

Our Privacy Policy

Any additional guidelines or notices we provide

If you do not agree, you must not use the Service.

You confirm that you have the authority to sign up on behalf of the elder receiving the service (if applicable).

2. Description of the Service

ElderHeart provides:

Automated daily check-in calls to the nominated elder

SMS and/or email updates to nominated family members or carers

Optional wellbeing summaries and non-urgent alerts

The Service:

Does not provide medical advice, emergency response, or clinical care

Is not a replacement for in-person care or professional health services

Provides wellbeing check-ins and general updates only

If an emergency or concerning situation arises, it is the family’s responsibility to ensure appropriate support is arranged.

3. Subscription Plans & Billing

3.1 Plans

ElderHeart is offered on a subscription basis, including:

Once Daily Check-In – billed monthly

Twice Daily Check-In – billed monthly

Optional add-ons (e.g., “Call Us Anytime”, additional updates)

Prices are listed on our website and may change from time to time.

3.2 Billing

Subscriptions are billed monthly in advance.
Payments are processed automatically via your chosen payment method.

3.3 Failed Payments

If a payment fails:

We may retry the charge

We may pause or suspend the Service until payment is successful

You remain responsible for outstanding amounts

3.4 Refunds

Given the nature of digital recurring services:

Refunds are not automatically issued for partial months

You may request a review in special circumstances (e.g., death of an elder, long-term hospitalisation)

We reserve the right to approve or decline refund requests at our discretion.

4. Cancellation Policy

You may cancel your subscription at any time.

Cancellation takes effect at the end of your current billing cycle

You will continue to receive the Service until that date

No cancellation fees apply

To cancel, contact us at [email protected] or log into your account (when portal available).

5. Consent & Information Requirements

To provide the Service, you must supply accurate and up-to-date information, including:

Elder’s name and phone number

Family contact details

Call preferences and communication notes

Any relevant health or wellbeing concerns (optional)

By signing up, you confirm that:

You have provided consent (or have authority to provide consent) for the elder’s data to be collected and processed

Family contacts have consented to receiving updates

All information is accurate

If you update any details, you must notify us promptly.

6. Use of AI and Technology Providers

The Service uses automated systems and trusted third-party providers including (but not limited to):

ElevenLabs (voice agent)

Twilio (telephony)

GoHighLevel (CRM, SMS, email)

Make.com (automation)

These providers process data strictly to deliver the Service (see Privacy Policy for details).

You acknowledge and agree that:

Calls are generated using AI

Call audio is not recorded

Only call outcomes and summaries are stored

Minor errors or misinterpretations may occur due to automated systems

We continuously monitor and improve call reliability and accuracy.

7. Service Limitations

ElderHeart aims for high reliability, but we cannot guarantee:

That all calls will be answered by the elder

That every automated message will be delivered

That technical outages will never occur

The Service does not replace:

Emergency services

Medical assessment

Welfare checks

Crisis intervention

If an elder is unwell, confused, distressed, or at risk, it remains the responsibility of family members to act.

8. Alerts and Escalations

If the elder sounds unwell, distressed, or at risk during a call, the system may send an alert to nominated contacts.

However, you acknowledge that:

AI-generated assessments may not always correctly identify issues

No real-time human monitoring is provided

It remains your responsibility to check on the elder

If you believe the elder needs urgent assistance, call 000 immediately.

9. Customer Responsibilities

You agree to:

Provide accurate information

Obtain appropriate consents

Monitor updates sent to you

Use the Service legally and respectfully

Not attempt to misuse or interfere with our systems

10. Data Protection & Privacy

Our handling of personal information is detailed in our Privacy Policy, which forms part of these Terms.

By using ElderHeart, you consent to:

The collection, storage, and processing of information

Automated call generation

SMS and/or email updates being sent to nominated contacts

You may request access, correction, or deletion of data at any time.

11. Termination by ElderHeart

We may suspend or terminate your access if:

You breach these Terms

Payments repeatedly fail

We detect misuse or harmful activity

We discontinue the Service (30 days’ notice will be provided)

If terminated due to breach, no refund is provided.

12. Liability

To the maximum extent permitted by law:

ElderHeart is not liable for direct, indirect, incidental, or consequential damages arising from use of the Service

You agree that ElderHeart is not responsible for missed alerts, technical failures, or misinterpretations by automated systems

Our total liability is limited to the amount you paid in the previous 1 month

Australian Consumer Law rights still apply.

13. Changes to Terms

We may update these Terms from time to time.
Significant changes will be notified via email or on our website.
Continued use of the Service indicates acceptance of updated Terms.

14. Governing Law

These Terms are governed by the laws of Victoria, Australia.
Any disputes will be resolved in Victorian courts.

15. Contact Us

For questions or support:

📧 [email protected]

16. Last updated: 12 December 2025
Operated by Jessica Lucas (84 876 8716)
Contact: [email protected]