Elderberry Companion - Terms of Service

1. Acceptance of Terms

Welcome to Elderberry Companion! By accessing or using the Elderberry Companion website, mobile applications, or any services provided by Elderberry Companion (“Services”), you agree to be bound by these Terms of Service (“Terms”), as well as our Privacy Policy and any additional terms that apply to specific features or services. If you do not agree to these Terms, please do not use our Services.

2. Changes to Terms

We may update these Terms from time to time. Changes become effective immediately when posted. We will provide notice of material changes, but it is your responsibility to review these Terms periodically. Continued use of our Services after changes are posted constitutes your acceptance of those changes.

3. Eligibility and Access

You must be at least 13 years old to use Elderberry Companion. If you are under 18, you must have parental or legal guardian permission. If you use Elderberry Companion on behalf of another person (such as a senior in your care), you represent and warrant that you are authorized to do so. You agree to provide accurate and complete information when registering for or using our Services.

4. Use of Services

Elderberry Companion provides AI-powered voice chat for companionship, information, and entertainment purposes only. No Medical or Emergency Use: Elderberry Companion does not provide medical, psychiatric, legal, or crisis advice. If you have a medical emergency, call 911 or your local emergency number. You agree not to use the Services for any unlawful, abusive, or harmful purposes. We reserve the right to suspend or terminate your access for any violation of these Terms.

AI Companion Agent Behavior and Guidelines

Agent Personality and Interaction Style: Our AI companion agents are powered by Ultravox technology and programmed to serve as gentle voice companions for people of all ages, with particular consideration for seniors. They communicate with enthusiasm but maintain a casual, warm, and supportive tone at a relaxed, unhurried pace.

Conversation Boundaries: Our AI agents are specifically programmed with strict content boundaries. They will not engage in discussions involving sexual content, excessive profanity, belligerent behavior, or other inappropriate interactions. If a user persists with inappropriate content despite warnings, the agent is programmed to terminate the conversation.

AI Limitations: Users acknowledge that they are interacting with artificial intelligence, not human professionals. AI responses are generated algorithmically and should not be relied upon for critical decisions, professional advice, or emergency situations. By using our services, you agree to these AI agent behavioral guidelines and limitations.

5. User Content and Conduct

User Content: Any information, text, audio, or other materials you submit, share, or create while using Elderberry Companion (“User Content”) remains yours, but you grant Elderberry Companion a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such content to provide and improve the Services. Conduct: You agree not to submit or transmit unlawful, abusive, harassing, defamatory, or obscene content. You may not impersonate others, attempt unauthorized access, or interfere with operations.

6. Payments, Subscriptions, and Billing / Refund Policy

Elderberry Companion offers paid plans and minute-based billing through our third-party payment processor, Stripe.
By making a purchase, you agree to pay all charges in accordance with your selected plan.
Elderberry Companion is a pay-per-use service; we do not provide free trial minutes. Attempting to abuse promotional credits or other offers may result in suspension.
You are responsible for any applicable taxes or fees.
We reserve the right to change pricing, plans, or billing methods at any time. Changes will be posted on our website and/or communicated to users.

Refunds and Cancellations

• Elderberry Companion does not offer refunds for one-time purchases of minutes (10, 30, or 60 minute plans). All such purchases are considered final and non-refundable.
• For monthly subscription plans ($33/month): To request a refund for the unused portion of your subscription within 7 days of your most recent renewal, please fill out the Refund Request form on our Contact page. If your request is approved, we will process a prorated refund for any unused days in your current billing cycle via Stripe to your original payment method.
• After this period, you may cancel your subscription at any time to avoid future charges, but we do not provide refunds for prior periods.
• We reserve the right to review and approve refund requests on a case-by-case basis.

7. Intellectual Property & DMCA

All content, trademarks, service marks, and logos used by Elderberry Companion (other than your User Content) are the property of Elderberry Companion or its licensors.
You may not use, copy, or distribute any Elderberry content except as expressly permitted.
If you believe your copyright-protected work was posted on our service without authorization, please send a DMCA notice to Admin@elderberrycompanion.ai.

8. Privacy

Your use of Elderberry Companion is subject to our Privacy Policy. This explains how we collect, use, and protect your personal information.
By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

9. Third-Party Services & Links

Elderberry Companion may contain links to third-party websites, services, or resources.
We are not responsible or liable for the availability, accuracy, or content of such external sites or resources, and the inclusion of any links does not imply our endorsement.
Your use of third-party sites is at your own risk.

10. Disclaimers

Service Provided “As-Is”: Elderberry Companion is provided “as is” and “as available,” without warranties of any kind, either express or implied.
AI Limitations: All conversations are generated by artificial intelligence, not by human beings. We make no guarantees about the accuracy, reliability, or appropriateness of responses.
No Medical, Legal, or Crisis Advice: Elderberry Companion does not provide professional, medical, legal, or emergency advice or services. For emergencies, contact your local emergency number immediately.
No Warranty: We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, Elderberry Companion and its affiliates, officers, employees, agents, partners, and licensors 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, or any loss of data, use, goodwill, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Services;
(b) any conduct or content of any third party on the Services;
(c) any content obtained from the Services; and
(d) unauthorized access, use, or alteration of your transmissions or content.

In no event shall Elderberry Companion’s aggregate liability exceed the greater of $100 or the amount you paid us in the past 12 months.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elderberry Companion and its affiliates, officers, agents, employees, partners, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including attorney’s fees) arising from:
(a) your use of and access to the Services;
(b) your violation of any term of these Terms;
(c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
(d) any claim that your User Content caused damage to a third party.

13. Dispute Resolution & Arbitration

a. Agreement to Arbitrate: You and Elderberry Companion agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services will be resolved by binding arbitration, except as expressly set forth below.
b. Informal Resolution: Before filing a claim, both parties agree to try to resolve any dispute informally by contacting Admin@elderberrycompanion.ai. Most concerns can be resolved quickly and informally.
c. Arbitration Procedure: If the parties cannot resolve a dispute informally, it will be settled exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in the State of Nebraska, unless both parties agree otherwise.
d. Class Action Waiver: You and Elderberry Companion agree that all disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
e. Exceptions: Either party may bring claims in small claims court in Nebraska or seek injunctive relief for intellectual property or misuse of the Service.

14. Governing Law

These Terms and any action related to them will be governed by the laws of the State of Nebraska, without regard to its conflict of law provisions.
You and Elderberry Companion consent to personal jurisdiction and venue in the state and federal courts of Lancaster County, Nebraska, for any actions not subject to arbitration.

15. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and Elderberry Companion.
Severability: If any provision of these Terms is found invalid or unenforceable, the remainder will remain in full force.
No Waiver: Failure by Elderberry Companion to enforce any right does not mean we waive that right.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions, complaints, or need support regarding these Terms or Elderberry Companion, please contact us:
Email: Admin@elderberrycompanion.ai

17. DMCA Notices

If you believe that material available on Elderberry Companion infringes your copyright, please provide our DMCA agent (Admin@elderberrycompanion.ai) with a written notice including the details required by the Digital Millennium Copyright Act.

End of Elderberry Companion Terms of Service

Last Updated: September 16, 2025